CHAPTER 12. LIBRARY CAPITAL PROJECTS FUND
IC 36-12-12
Chapter 12. Library Capital Projects Fund
IC 36-12-12-1
"Emergency"
Sec. 1. As used in this chapter, "emergency" means:
(1) when used with respect to repair or replacement, a fire,flood, windstorm, mechanical failure of any part of a structure,or other unforeseeable circumstance; and
(2) when used with respect to site acquisition, the unforeseeableavailability of real property for purchase.
As added by P.L.1-2005, SEC.49.
IC 36-12-12-2
Capital projects fund
Sec. 2. (a) A library district may establish a capital projects fund.
(b) With respect to a facility used or to be used by the librarydistrict, the fund may be used to pay for the following:
(1) Planned construction, repair, replacement, or remodeling.
(2) Site acquisition.
(3) Site development.
(4) Repair, replacement, or site acquisition that is necessitatedby an emergency.
(c) Money in the fund may be used to pay for the purchase, lease,or repair of equipment to be used by the library district.
(d) The fund may be used to pay for the purchase, lease,upgrading, maintenance, or repair of computer hardware or software.
As added by P.L.1-2005, SEC.49.
IC 36-12-12-3
Plan of revenues and expenditures; hearing; notice
Sec. 3. (a) Before a library board may collect property taxes fora capital projects fund in a particular year, the library board must,after January 1 and before May 15 of the immediately precedingyear, hold a public hearing on a proposed plan, pass a resolution toadopt a plan, and submit the plan for approval or rejection by thefiscal body designated in section 4 of this chapter.
(b) The department of local government finance shall prescribethe format of the plan. A plan must apply to at least the three (3)years immediately following the year the plan is adopted. A planmust estimate for each year to which the plan applies the nature andamount of proposed expenditures from the capital projects fund. Aplan must estimate:
(1) the source of all revenue to be dedicated to the proposedexpenditures in the upcoming budget year; and
(2) the amount of property taxes to be collected in that year andretained in the fund for expenditures proposed for a later year.
(c) If a hearing is scheduled under subsection (a), the governingbody shall publish the proposed plan and a notice of the hearing inaccordance with IC 5-3-1-2(b).As added by P.L.1-2005, SEC.49.
IC 36-12-12-4
Approval or rejection of plan by appropriate fiscal body; hearing
Sec. 4. (a) If the library board passes a resolution under section 3of this chapter, not later than ten (10) days after passing theresolution the board shall transmit a certified copy of the plan to theappropriate fiscal body or fiscal bodies, whichever applies. Theappropriate fiscal body is determined as follows:
(1) If the library district is located entirely within the corporateboundaries of a municipality, the appropriate fiscal body is thefiscal body of the municipality.
(2) If the library district is not described by subdivision (1) andthe district is located entirely within the boundaries of atownship, the appropriate fiscal body is the fiscal body of thetownship.
(3) If the library district is not described by subdivision (1) or(2), the appropriate fiscal body is the fiscal body of each countyin which the library district is located.
(b) The appropriate fiscal body shall hold a public hearing on theplan not later than thirty (30) days after receiving a certified copy ofthe plan and either reject or approve the plan before August 1 of theyear that the plan is received.
As added by P.L.1-2005, SEC.49.
IC 36-12-12-5
Review of plan by department of local government finance; notice;petition of objection by taxpayers
Sec. 5. (a) If the library board passes a resolution under section 3of this chapter and the appropriate fiscal body or bodies approve theplan, the library board shall submit the resolution and the plan to thedepartment of local government finance. If the department of localgovernment finance determines that:
(1) the library board has correctly advertised the plan undersection 3(c) of this chapter;
(2) the plan was adopted by the library board and approved bythe appropriate fiscal body or bodies; and
(3) the plan conforms to the format prescribed by thedepartment;
the department shall require notice of the submission to be given tothe taxpayers of the library district in accordance with IC 5-3-1-2(b).
(b) Ten (10) or more taxpayers who will be affected by theadopted plan may file a petition with the county auditor of a countyin which the library district is located not later than ten (10) daysafter the publication, setting forth the taxpayers' objections to theproposed plan. The county auditor shall immediately certify thepetition to the department of local government finance.
As added by P.L.1-2005, SEC.49.
IC 36-12-12-6 Notice and hearing; petition of objection by taxpayers
Sec. 6. The department of local government finance shall, withina reasonable time, fix a date for a hearing on the petition filed undersection 5(b) of this chapter. The hearing shall be held in a county inwhich the library district is located. The department of localgovernment finance shall notify:
(1) the library board; and
(2) the first ten (10) taxpayers whose names appear on thepetition;
at least five (5) days before the date fixed for the hearing.
As added by P.L.1-2005, SEC.49.
IC 36-12-12-7
Department of local government finance action; appeal
Sec. 7. (a) After a hearing upon the petition under section 6 of thischapter, the department of local government finance shall certify thedepartment's approval, disapproval, or modification of the plan to thelibrary board and the auditor of the county.
(b) A:
(1) taxpayer who signed a petition filed under section 5 of thischapter; or
(2) library district against which a petition under section 5 ofthis chapter is filed;
may petition for judicial review of the final determination of thedepartment of local government finance under subsection (a). Thepetition must be filed in the tax court not more than forty-five (45)days after the department certifies the department's action undersubsection (a).
As added by P.L.1-2005, SEC.49.
IC 36-12-12-8
Appropriations; conform to plan
Sec. 8. Notwithstanding IC 6-1.1-17, the department of localgovernment finance may approve appropriations from the capitalprojects fund only if the appropriations conform to a plan that hasbeen adopted and approved in compliance with this chapter.
As added by P.L.1-2005, SEC.49. Amended by P.L.1-2006, SEC.587.
IC 36-12-12-9
Amending plan; emergencies; increasing tax rate and borrowingfunds
Sec. 9. (a) A library board may amend an adopted and approvedplan to:
(1) provide money for the purposes described in section 2(b)(4)of this chapter; or
(2) supplement money accumulated in the capital projects fundfor those purposes.
(b) If an emergency arises that results in costs that exceed theamount accumulated in the fund for the purposes described in section2(b)(4) of this chapter, the library board must immediately apply to
the department of local government finance for a determination thatan emergency exists. If the department of local government financedetermines that an emergency exists, the library board may adopt aresolution to amend the plan. The amendment is not subject to thedeadline and the procedures for adoption described in section 3 ofthis chapter. However, the amendment is subject to modification bythe department of local government finance.
(c) An amendment adopted under this section may require thepayment of eligible emergency costs from:
(1) money accumulated in the capital projects fund for otherpurposes; or
(2) money to be borrowed from other funds of the library boardor from a financial institution.
The amendment may also provide for an increase in the property taxrate for the capital projects fund to restore money to the fund or topay principal and interest on a loan. However, before the property taxrate for the fund may be increased, the library board must submit andobtain the approval of the appropriate fiscal body or bodies, asprovided in section 4 of this chapter. An increase to the property taxrate for the capital projects fund is effective for property taxes firstdue and payable for the year next certified by the department of localgovernment finance under IC 6-1.1-17-16. However, the property taxrate may not exceed the maximum rate established under section 10of this chapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-12-10
Tax rate; limit and advertisement
Sec. 10. To provide for the capital projects fund, the library boardmay, for each year in which a plan adopted under section 3 of thischapter is in effect, impose a property tax rate that does not exceedone and sixty-seven hundredths cents ($0.0167) on each one hundreddollars ($100) of assessed valuation of the library district. This ratemust be advertised in the same manner as other property tax rates.
As added by P.L.1-2005, SEC.49.
IC 36-12-12-11
Interest
Sec. 11. Interest on the capital projects fund, including the fund'spro rata share of interest earned on the investment of total money ondeposit, shall be deposited in the fund. The library board mayallocate the interest among the accounts within the fund.
As added by P.L.1-2005, SEC.49.
IC 36-12-12-12
Administrative rules
Sec. 12. The department of local government finance may adoptrules under IC 4-22-2 to implement this chapter.
As added by P.L.1-2005, SEC.49.