Bill Text: IN HB1333 | 2011 | Regular Session | Amended
Bill Title: Operating referenda for libraries.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2011-02-10 - Representatives Dembowski and Moses added as coauthors [HB1333 Detail]
Download: Indiana-2011-HB1333-Amended.html
Citations Affected: IC 6-1.1; IC 36-12.
Synopsis: Operating referenda for libraries. Provides that a public
library located may hold a referendum to increase its property tax levy
if the board of the public library determines that: (1) the public library
will be unable to carry out its duties under the law unless the public
library imposes a referendum property tax levy; or (2) the public library
should impose a referendum property tax levy to replace property tax
revenues lost by operation of the circuit breaker tax credit. Provides
that the additional rate of the referendum tax levy and the number of
calendar years for which the referendum tax levy will be imposed must
be specified in the public question put to the voters.
Effective: Upon passage; July 1, 2011.
January 13, 2011, read first time and referred to Committee on Local Government.
February 10, 2011, amended, reported _ Do Pass. Recommitted to Committee on Ways
and Means.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
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(b) This subsection does not apply to property taxes first due and payable after December 31, 2008. For purposes of computing the ad valorem property tax levy limit imposed on a library board under section 3 of this chapter, the library board's ad valorem property tax levy for a particular calendar year does not include that part of the levy
imposed under IC 36-12-12 that is exempt from the ad valorem
property tax levy limits under subsection (a).
(c) The ad valorem property tax limits imposed by section 3 of
this chapter do not apply to ad valorem property taxes imposed by
a library board for a referendum tax levy authorized under
IC 36-12-17.
(d) For purposes of computing the ad valorem property tax levy
limit imposed on a library board by section 3 of this chapter, the
library board's ad valorem property tax levy for a particular
calendar year does not include that part of the levy imposed under
IC 36-12-17.
Chapter 17. Referendum Tax Levy
Sec. 1. For purposes of this chapter, a reference to the circuit court clerk, the county election board, or the county fiscal body is a reference to the circuit court clerk, the county election board, or the county fiscal body of each county in which the library district has territory.
Sec. 2. As used in this chapter, "fund" refers to a referendum tax levy fund established under section 17 of this chapter.
Sec. 3. As used in this chapter, "levy" refers to the property tax levy imposed under this chapter.
Sec. 4. As used in this chapter, "referendum" refers to a referendum under this chapter.
Sec. 5. Notwithstanding IC 6-1.1-20.6-9.5(b), if a majority of the individuals who vote in a referendum that is conducted in accordance with this chapter approve the public question submitted to the voters, a public library may impose a referendum tax levy for the public library's fund for the duration specified in the public question at a rate that does not exceed the maximum property tax rate specified in the public question.
Sec. 6. (a) Subject to this chapter, the library board of a public library may adopt a resolution to place a question in the form set forth in section 7 of this chapter on the ballot for either of the following purposes:
(1) The library board of the public library determines that it cannot, in a calendar year, carry out its duties under this article unless it imposes a referendum tax levy under this chapter.
(2) The library board of the public library determines that a
referendum tax levy under this chapter should be imposed to
replace property tax revenue that the public library will not
receive because of the application of the credit under
IC 6-1.1-20.6.
(b) The library board of the public library shall certify a copy
of the resolution to the department of local government finance
and the county fiscal body.
Sec. 7. The question to be submitted to the voters in the
referendum must read as follows:
"For the __ (insert number) calendar year or years
immediately following the holding of the referendum, shall the
public library impose a property tax rate that does not exceed
_____________ (insert amount) cents ($0.__) (insert amount)
on each one hundred dollars ($100) of assessed valuation and
that is in addition to all other property tax levies imposed by
the public library?".
Sec. 8. The voters in a referendum may not approve a levy that
is imposed for more than seven (7) years. However, a levy may be
reimposed or extended under this chapter.
Sec. 9. If a library board adopts a resolution under section 6 of
this chapter, the county fiscal body must under IC 3-10-9-3 certify
the question to be voted on at the referendum to the county election
board.
Sec. 10. The circuit court clerk shall, upon receiving the
question certified by the county fiscal body under this chapter, call
a meeting of the county election board to make arrangements for
the referendum.
Sec. 11. (a) Except as provided in subsection (b), a referendum
under this chapter shall be held in the next primary election,
general election, or municipal election after certification of the
question under IC 3-10-9-3, and the certification of the question
must occur not later than:
(1) noon on the date sixty (60) days before the date of the
primary election, if the question is to be placed on the primary
or municipal primary election ballot; or
(2) noon on August 1, if the question is to be placed on the
general or municipal election ballot.
(b) If:
(1) a primary election, general election, or municipal election
will not be held during the first year in which the public
question is eligible to be placed on the ballot under this
chapter; and
(2) the public library requests the public question to be placed on the ballot at a special election;
the public question shall be placed on the ballot at a special election to be held on the first Tuesday after the first Monday in May or November of the year.
(c) In the case of a public question placed on the ballot at a special election under subsection (b), notwithstanding IC 3-10-9-3, the certification of the question must occur not later than:
(1) noon on the date sixty (60) days before the date of the special election, if the special election is to be held in May; or
(2) noon on August 1, if the special election is to be held in November.
(d) If the referendum is not conducted at a primary election, general election, or municipal election, the public library for which the referendum is to be held shall pay all the costs of holding the referendum.
Sec. 12. The county election board shall cause:
(1) the question certified to the circuit court clerk by the county fiscal body to be placed on the ballot in the form prescribed by section 7 of this chapter and IC 3-10-9-4; and
(2) an adequate supply of ballots and voting equipment to be delivered to the precinct election board of each precinct in which the referendum is to be held.
Sec. 13. The individuals entitled to vote in the referendum are all of the registered voters resident in the library district of the public library for which the referendum is being held.
Sec. 14. Each precinct election board shall count the affirmative votes and the negative votes cast in the referendum and shall certify those two (2) totals to the county election board. The circuit court clerk shall, immediately after the votes cast in the referendum have been counted, certify the results of the referendum to the county fiscal body. Upon receiving the certification of all the votes cast in the referendum, the county fiscal body shall promptly certify the result of the referendum to the department of local government finance. If a majority of the individuals who voted in the referendum voted "yes" on the referendum question, the county fiscal body shall promptly notify the public library that:
(1) the public library is authorized to collect, for the calendar year that next follows the calendar year in which the referendum is held, a levy at a rate not greater than the rate approved in the referendum; and
(2) the levy may be imposed for the number of calendar years approved by the voters, beginning with the calendar year that next follows the calendar year in which the referendum is held.
Sec. 15. A public library's levy under this chapter is in addition to and may not be considered in the determination of:
(1) any other property tax levy imposed by the public library; and
(2) any distribution of excise or income tax revenue to which the public library is otherwise entitled.
A public library's levy under this chapter is not subject to reduction or modification under IC 36-3-6-9 or any other law.
Sec. 16. If a majority of the persons who voted in the referendum did not vote "yes" on the referendum question:
(1) the public library may not make any levy for its referendum tax levy fund; and
(2) another referendum under this section may not be held for one (1) year after the date of the referendum.
Sec. 17. (a) The library board of each public library for which a levy is approved under this chapter shall establish a referendum tax levy fund.
(b) Property tax collections from a levy authorized by this chapter shall be deposited in the fund.
(c) Money in the fund:
(1) may be used for any lawful public library expenses; and
(2) must be budgeted and expended in the manner required by law.
