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Senate Bill 0348


Senate Bill 0348

ARCHIVE (2009)

Latest Information

 

DIGEST OF SB348 (Updated February 24, 2009 2:41 pm - DI 84)


Library services planning for counties outside of Marion County. Requires the Indiana library and historical board to adopt emergency rules not later than July 1, 2009, establishing statewide library standards for the delivery of library service to every resident of Indiana. Establishes in a county other than Marion County, a public library service planning committee (committee) in each county to prepare a library services plan for the county. Specifies the membership of the public library planning service committee in Lake County. Provides for the following library service models for a county: (1) A consolidated countywide system. (2) A consolidated system of two or more counties. (3) Two or more independently governed library systems within a county. (4) Any other library service model that the committee considers to be appropriate to meet the statewide standards for the delivery of consistent, quality library service (including a model that provides for a public library system that includes territory in more than one county). Requires the state library to conduct regional training sessions to educate the committees on the planning process and library service models. Provides that if a county is served by a countywide public library system, the county's planning committee is not required to make a library service model determination. Specifies that if a planning committee determines that a library service model other than a consolidated countywide public library system should be used, the committee must include in the plan the committee's specific findings and explanation concerning why: (1) the chosen library service model is preferable; and (2) the chosen library service model will result in the delivery of better library services than would result under a consolidated countywide public library system. Specifies that a planning committee may not approve a library services plan unless the plan provides for library services to all areas of the county. Provides that if a planning committee determines that there are areas in the county that are underserved by the public library systems, the planning committee must consider the option of having a public library enter into an interlocal agreement with one or more school corporations in the county to allow the public library to use the school buildings of the school corporation to better serve the underserved areas. Provides that a library services plan may change the number of appointments that may be made by an appointing person or entity to the library board of a library covered by the plan. Specifies that the plan may not change the total number of appointments that may be made to the library board or the persons or entities that make the appointments to the library board. Requires the state library and the office of management and budget to assist the counties in preparing and implementing the plan, obtaining grants and funding the plan. Requires the committee to conduct a public hearing and consider public testimony when the committee has prepared the plan. Provides that a committee must before February 1, 2010, submit a reorganization plan to the state library for review. Requires the state library to review the plan and provide any recommendations to the committee before April 15, 2010. Specifies that a committee may modify a plan as the committee considers appropriate to address any recommendations made by the state library. Provides that a plan does not become effective until the plan is approved by a committee. Specifies that approval of the state library is not required for the plan to become effective. Provides that after making any modifications the committee considers appropriate, the committee must take final action on the plan before May 15, 2010. Provides that the county fiscal body shall publish a notice specifying that a petition process may be initiated to determine whether a public question should be placed on the ballot asking whether a particular library district or an area that is not part of a library district within a particular township should be covered by the plan. Requires the petition to be filed by the lesser of 100 or 5% of the registered voters residing within a library district or area. Specifies that if a sufficient number of registered voters sign such a petition with respect to a library district or area, a public question regarding coverage by the plan must be placed on the ballot at the November 2010 election in that library district or area. Provides that separate vote totals shall be certified for each library district and for each area in which a public question is held. Provides that the plan does not apply to a library district or area if the public question is on the ballot in that library district or area and the plan is not approved by a majority of voters who vote in that library district or area. Provides that if a public question is on the ballot in more than one township for areas that are not part of a library district, the determination of the results of the vote on the public question and whether an area is covered by the plan and any reorganization or consolidation under the plan shall be made separately for each area. Specifies that a plan is considered to be modified to exclude any library district or area that, because of the results of the public question under this section, is not covered by the plan and any reorganization or consolidation under the plan. Specifies that a committee may adopt one or more subsequent plans covering any library districts or areas that are not covered by an existing plan because of the results of a public question. Provides that not more than two final plans may be adopted by a committee in any seven year period. Requires libraries in each county to reorganize according to the plan adopted for the county, as modified as a result of a referendum. Provides that any reorganization or consolidation under the plan takes effect January 1, 2012. Provides that if a plan provides that two or more public library systems shall be consolidated into one remaining public library system, no library operated by any of the public library systems that are consolidated may be closed during the three years following the effective date of the plan. Beginning January 1, 2013, requires the state library to annually report to the general assembly and the governor on the implemented plans and the plan budgets. Provides that (in addition to Hancock County, under current law) a county for which a library services plan has been approved and is in effect and that does not contain more than two public library districts may adopt an ordinance designating county economic development income tax (CEDIT) revenue for replacement of public library property taxes in the county. Provides that the maximum amount that may be used for library property tax replacement purposes is the amount of revenue generated by a CEDIT rate of 0.15%. Provides that a public library may receive the public library property tax replacement credits under this provision only if the library has entered into reciprocal borrowing agreements with all other public libraries in the county. Except in Hancock County, deletes the requirement that a county may adopt an ordinance to dedicate CEDIT revenue for library property tax replacement only if all territory in the county is included in a library district. Provides that (except in Hancock County) after December 31, 2011, library property tax replacement credits funded by CEDIT may be provided only to a public library that is covered by a library reorganization plan. Except in Hancock County, provides a credit against CEDIT liability for a taxpayer who pays CEDIT to a county in which tax revenue is dedicated to provide library property tax replacement credits and either does not reside in the territory of any library district in the county or resides in a library district in the county that is not covered by a plan. Provides that the amount of the credit is equal to the taxpayer's CEDIT liability for the taxable year that is attributable to the part of the CEDIT rate dedicated to providing library property tax replacement credits.
    Current Status:
     In Committee - 2nd House
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