§ 6-1.1-17-20.6 — Reporting the city, town, or county fiscal body that receives a public library's proposed budget to the Indiana state library; declaratory judgment

Indiana § 6-1.1-17-20.6

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 17: Procedures for Fixing and Reviewing Budgets, Tax

Text

6. (a) Each public library shall identify the
applicable city, town, or county fiscal body that receives a public
library's proposed budget as provided in section 20.3(c) or 20.3(d) of
this chapter.
(b) Not later than October 1, 2020, a public library shall report the
applicable city, town, or county fiscal body identified under subsection
(a) to the Indiana state library. The report submitted to the state library
must contain:
(1) the name of the public library;
(2) the appropriate fiscal body of a city, town, or county to review
a library budget under section 20.3(c) or 20.3(d) of this chapter;
and
(3) after adoption by the respective board, the signatures of the
public library board president and the appropriate fiscal body
president.
The Indiana state library shall provide the information submitted to the
Indiana state library under this subsection to the department of local
government finance by not later than November 1, 2020.
(c) If a fiscal body, other than the fiscal body identified by the
public library under subsection (a), objects to the public library's
determination under subsection (a), the objecting fiscal body may
submit a formal objection to:
(1) the Indiana state library;
(2) the public library; and
(3) the fiscal body identified under subsection (a) by the public
library.
(d) If a public library:
(1) is unable to identify the applicable fiscal body under
subsection (a);
(2) does not complete the reporting requirements established in
subsection (b); or
(3) has a formal objection filed under subsection (c) against the
public library's fiscal body designation under subsection (a);
the public library shall file an original action seeking a declaratory
judgment in a court with jurisdiction to identify the appropriate fiscal
body. The public library shall file a copy of the declaratory judgment
with the Indiana state library within thirty (30) days of the court's entry
of judgment.
(e) The Indiana state library shall provide the information submitted
to the Indiana state library under subsection (b) to the department of
local government finance by not later than November 1, 2020.
(f) If there is a change in the territory of the public library:
(1) the public library shall submit a report under subsection (b) to
the Indiana state library not later than October 1; and
(2) the Indiana state library shall report the information under
subsection (b) to the department of local government finance not
later than November 1;
in the year the change in territory becomes effective. Subsections (c)
and (d) apply to the public library and to any fiscal body that objects to
the public library's designation under subsection (a).

Legislative History

As added by P.L.88-2020, SEC.3.