2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 12. LIBRARIES CHAPTER 2. CLASS 1 PUBLIC LIBRARIES: ORGANIZATION AND BOARD MEMBERS
Download as PDF
IC 36-12-2
Chapter 2. Class 1 Public Libraries: Organization and Board
Members
IC 36-12-2-1
Application of chapter
Sec. 1. This chapter applies only to Class 1 public libraries.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-2
Municipal corporation; taxing unit
Sec. 2. (a) A Class 1 public library is a municipal corporation,
known as __________ Public Library.
(b) In the name of the Class 1 public library under subsection (a),
the public library may:
(1) contract and be contracted with; and
(2) sue and be sued in court.
(c) Each public library constitutes an independent taxing unit for
purposes of IC 6-1.1-1-21.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-3
Corporate boundaries; annexation
Sec. 3. (a) The corporate boundaries of the public library must be
described in the resolution of establishment, conversion, transfer, or
merger filed:
(1) in the office of the county recorder in the county where the
administrative office of the public library is located; and
(2) with the Indiana state library.
(b) If the corporate boundaries of a unit and a Class 1 public
library are coextensive, territory annexed by the unit becomes part of
the library district if the annexed territory is not already part of
another library district. Whenever a public library annexes territory
under this subsection, the library board shall file a statement
describing the annexed territory:
(1) in the office of the county recorder in the county where the
administrative office of the public library is located; and
(2) with the Indiana state library.
If the territory annexed by a unit is already a part of another library
district, the territory remains a part of the other library district unless
the library boards of both public libraries pass a resolution of transfer
under section 4 of this chapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-4
Transfer of territory; procedure
Sec. 4. One (1) public library may transfer a part of the territory
of the library to another public library according to the following
procedure:
(1) The library boards of each public library must pass a
resolution of transfer signed by a majority of the entire
membership of each library board agreeing to the transfer.
(2) The library boards of each public library must include a
description of the transferred territory in the respective
resolutions of each public library.
(3) Each of the library boards must file a copy of the resolution
of transfer:
(A) in the office of the county recorder in the county where
the administrative office of the respective public library is
located; and
(B) with the Indiana state library.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-5
Establishment of library; authorization; petition or remonstrance;
procedure; duties of clerk of circuit court
Sec. 5. (a) The legislative body of a municipality, township,
county, or part of a county, any of which is not already taxed for
public library purposes, that has:
(1) a population of at least ten thousand (10,000); or
(2) an assessed valuation that is at least as high as the median of
the most recent certified assessed valuation of the ten (10)
library taxing districts closest in population to ten thousand
(10,000);
may establish a public library for the residents of the municipality,
township, county, or part of the county.
(b) The establishment of the public library may be initiated either
by:
(1) the legislative body passing a written resolution; or
(2) filing a petition with the legislative body that has been
signed by at least twenty percent (20%) of the registered voters
of the municipality, township, county, or part of a county, as
determined by the last preceding general election.
(c) Not later than ten (10) days after a petition is filed under
subsection (b)(2), the municipality, township, county, or part of a
county shall give notice of the filing of the petition in two (2)
newspapers of general circulation in the county, one (1) of which is
published in the municipality where the library is to be located, if a
newspaper is published in the municipality.
(d) Not later than ten (10) days after the publication of the petition
under subsection (c), a registered voter in the municipality, township,
county, or part of a county where the public library is proposed to be
established may file with the respective municipality, township, or
county a remonstrance that:
(1) is signed by registered voters in the municipality, township,
county, or part of the county where the public library is
proposed to be established; and
(2) states that the registered voters who have signed the
remonstrance are opposed to the establishment of the public
library.
(e) The following apply to a petition that is filed under subsection
(b)(2) or a remonstrance that is filed under subsection (d):
(1) The petition or remonstrance must show the following:
(A) The date on which each individual signed the petition or
remonstrance.
(B) The residence of each individual on the date the
individual signed the petition or remonstrance.
(2) The petition or remonstrance must include an affidavit of the
individual circulating the petition or remonstrance stating that
each signature on the petition or remonstrance:
(A) was affixed in the individual's presence; and
(B) is the true signature of the individual who signed the
petition or remonstrance.
(3) Several copies of the petition or remonstrance may be
executed. The total of the copies constitute a petition or
remonstrance. A copy must include an affidavit as described in
subdivision (2). An individual who signed the petition,
remonstrance, or copy may file the petition, the remonstrance,
or a copy. All copies constituting a petition or remonstrance
must be filed on the same day.
(4) The clerk of the circuit court in the county where the
municipality, township, county, or part of a county where the
public library that is proposed to be established is located shall
do the following:
(A) If a name appears more than one (1) time on a petition or
on a remonstrance, the clerk shall strike any duplicates of the
name until the name appears only one (1) time on a petition
or a remonstrance, or both, if the individual signed both a
petition and a remonstrance.
(B) Strike the name from either the petition or the
remonstrance of an individual who:
(i) signed both the petition and the remonstrance; and
(ii) personally, in the clerk's office, makes a voluntary
written and signed request for the clerk to strike the
individual's name from the petition or the remonstrance.
(C) Not more than fifteen (15) days after a petition or
remonstrance is filed, certify the number of signatures on the
petition or remonstrance that:
(i) are not duplicates; and
(ii) represent individuals who are registered voters in the
municipality, township, county, or part of a county where
the public library is proposed to be established, on the day
the individuals signed the petition or remonstrance.
(D) Establish a record of the clerk's certification in the clerk's
office and file:
(i) the original petition;
(ii) the original remonstrance, if any; and
(iii) a copy of the clerk's certification;
with the legislative body of the municipality, township, or
county.
The clerk of the circuit court may only strike an individual's
name from a petition or remonstrance as set forth in clauses (A)
and (B).
(f) At the first meeting of the legislative body held at least ten (10)
days after the publication of the petition, the legislative body shall
compare the petition and any remonstrance. Whenever:
(1) a remonstrance has not been filed; or
(2) a greater number of voters have signed the petition than have
signed the remonstrance against the establishment of the public
library;
the legislative body shall establish by written resolution the public
library with a library district coextensive with the boundaries of the
unit or part of a county, whichever is applicable.
(g) The establishment of the public library is effective as of the
date the written resolution is passed. The legislative body shall file a
copy of the resolution not later than five (5) days after the resolution
is passed:
(1) with the county recorder in the county where the
administrative office of the public library is located; and
(2) with the Indiana state library.
(h) The legislative body shall give notice to the officials who have
the power to appoint members of the library board for the new public
library under section 9 of this chapter. The officials shall appoint the
library board for the new public library under section 9 of this
chapter as soon as possible after the officials are notified.
(i) When the number of registered voters who have signed a
remonstrance against the establishment of the public library is equal
to or greater than the number who have signed the petition in favor
of the establishment of the public library, the legislative body shall
dismiss the petition. Another petition to establish a public library may
not be initiated until one (1) year after the date the legislative body
dismissed the latest unsuccessful petition.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-5.5
Repealed
(Repealed by P.L.84-2012, SEC.20.)
IC 36-12-2-6
Establishment of library; petition or remonstrance; affidavit;
duties of clerk of circuit court
Sec. 6. (a) The following apply to a petition or remonstrance filed
under section 5 of this chapter:
(1) The petition or remonstrance must show the following:
(A) The date on which each individual signed the petition or
remonstrance.
(B) The residence of each individual on the date the
individual signed the petition or remonstrance.
(2) The petition or remonstrance must include an affidavit of the
individual circulating the petition or remonstrance stating that
each signature on the petition or remonstrance:
(A) was affixed in the individual's presence; and
(B) is the true signature of the individual who signed the
petition or remonstrance.
(3) The clerk of the circuit court or the board of registration
shall do the following:
(A) Strike all names appearing more than one (1) time on the
petition or remonstrance.
(B) Certify the number of signatures on the petition or
remonstrance that:
(i) are not duplicates; and
(ii) represent individuals who are registered voters in the
county, the part of the county, or the municipality.
(b) The clerk of the circuit court shall complete the certification
required by subsection (a) not later than fifteen (15) days after the
petition or remonstrance is filed.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-7
Library board appointee; residency
Sec. 7. (a) Except as provided in subsection (b), an appointee to
a library board must:
(1) reside in the library district during the time the appointee is
on the library board; and
(2) have resided in the library district served by the public
library for at least the two (2) years immediately preceding the
appointee's appointment to the library board.
(b) This subsection does not apply to a public library established
by a county. If part or all of one (1) or more townships are
contracting for service from a public library under IC 36-12-3-7, the
appointing authority, in making an appointment under section 9(4) of
this chapter, may name a resident of one (1) township to serve on the
library board as the appointment of the appointing authority.
However, the township appointee ceases to be a member of the
library board if the township in which the appointee resides fails to
renew the township's contract for library service.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-8
Limitation on terms of service; consecutive terms; computation;
exception for certain library districts
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. 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.
As added by P.L.1-2005, SEC.49. Amended by P.L.113-2010,
SEC.158.
IC 36-12-2-9
Appointments to library board; membership
Sec. 9. Except as provided in section 15 of this chapter and subject
to section 16 of this chapter, seven (7) members of a library board
shall be appointed as follows:
(1) One (1) member appointed by the executive of the county in
which the library district is located, or if the district is located in
more than one (1) county, jointly by the executives of the
respective counties.
(2) One (1) member appointed by the fiscal body of the county
in which the library district is located, or if the district is located
in more than one (1) county, jointly by the fiscal bodies of the
respective counties.
(3) Three (3) members appointed by the school board of the
school corporation serving the library district. However, if there
is more than one (1) school corporation serving the library
district:
(A) two (2) members shall be appointed by the school board
of the school corporation in which the principal
administrative offices of the public library are located; and
(B) one (1) member shall be appointed by a majority vote of
the presidents of the school boards of the other school
corporations.
(4) One (1) member appointed under section 10(1), 11(b)(1),
12(1), 13(1), or 14(1) of this chapter, as applicable.
(5) One (1) member appointed under section 10(2), 11(b)(2),
12(2), 13(2), or 14(2) of this chapter, as applicable.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-10
Library board serving district located in more than one county;
appointments
Sec. 10. This section applies to the appointment of members to the
library board of a public library serving a library district that is
located in more than one (1) county and is not entirely located within
the boundaries of one (1) municipality. For a public library under this
section, the appointments under section 9(4) and 9(5) of this chapter
shall be made as follows:
(1) One (1) member appointed jointly by the executive of the
respective counties.
(2) One (1) member appointed jointly by the fiscal bodies of the
respective counties.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-11
Library board serving district created in one county; appointments
Sec. 11. (a) This section applies to the appointment of members to
the library board of a public library serving a library district that is
located in one (1) county and:
(1) has been established by a county or merged into a county
public library;
(2) results from the merger of a public library into a county
public library under IC 36-12-4;
(3) is located in part or all of two (2) or more townships and is
not entirely located within the boundaries of one (1)
municipality; or
(4) is located in part or all of two (2) or more municipalities.
(b) Subject to subsection (c), in a public library described in
subsection (a), the appointments under section 9(4) and 9(5) of this
chapter shall be made as follows:
(1) One (1) member appointed by the executive of the county in
which the library district is located.
(2) One (1) member appointed by the fiscal body of the county
in which the library district is located.
(c) This subsection applies to a county containing only two (2)
Class 1 public libraries and having a population of more than one
hundred twenty-five thousand (125,000) but less than one hundred
thirty-five thousand (135,000), or more than one hundred fifty
thousand (150,000) but less than one hundred seventy thousand
(170,000). In a public library that is the result of a merger occurring
after December 31, 1979, between a public library and a county
contractual public library, the appointments under section 9(4) and
9(5) of this chapter shall be made as follows:
(1) One (1) member appointed by the executive of the
municipality in which the principal administrative offices of the
public library are located.
(2) One (1) member appointed by the legislative body of the
municipality in which the principal administrative offices of the
public library are located.
As added by P.L.1-2005, SEC.49. Amended by P.L.119-2012,
SEC.248.
IC 36-12-2-12
Library board serving district located in unincorporated areas of
township; appointments
Sec. 12. This section applies to the appointment of members to the
library board of a public library serving a library district that is
entirely located in the unincorporated areas of the township. For a
public library under this section, the appointments under section 9(4)
and 9(5) of this chapter shall be made as follows:
(1) One (1) member appointed by the executive of the township
in which the library district is located.
(2) One (1) member appointed by the legislative body of the
township in which the library district is located.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-13
Library board serving district located in one township;
appointments
Sec. 13. This section applies to the appointment of members to the
library board of a public library serving a library district that is
entirely located in one (1) township and includes part or all of only
one (1) municipality. For a public library under this section, the
appointments under section 9(4) and 9(5) of this chapter shall be
made as follows:
(1) One (1) member appointed by the legislative body of the
township in which the library district is located.
(2) One (1) member appointed by the legislative body of the
municipality in which the library district is located.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-14
Library board serving district located in one municipality;
appointments
Sec. 14. This section applies to the appointment of members to the
library board of a public library serving a library district that is
entirely located within the boundaries of one (1) municipality. For a
public library under this section, the appointments under section 9(4)
and 9(5) of this chapter shall be made as follows:
(1) One (1) member appointed by the executive of the
municipality in which the library district is located.
(2) One (1) member appointed by the legislative body of the
municipality in which the library district is located.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-15
Library board serving district in certain counties; appointments
Sec. 15. (a) This section applies to the library board of a library
district:
(1) located in a county having a population of more than seventy
thousand (70,000) but less than seventy thousand fifty (70,050);
and
(2) containing all or part of the territory of each school
corporation in the county.
(b) Notwithstanding section 9 of this chapter, the library board has
the following members:
(1) One (1) member appointed by the executive of the county in
which the library district is located and who is not a member of
the county executive.
(2) One (1) member appointed by the fiscal body of the county
in which the library district is located and who is not a member
of the county fiscal body.
(3) One (1) member appointed by the legislative body of the
most populous city in the library district and who is not a
member of the city legislative body.
(4) One (1) member appointed by the school board of each
school corporation having territory in the library district and
who is not a member of a governing body of a school
corporation.
(c) An individual who is appointed under subsection (b) to serve
as a member of a library board must, before March 1 of each year,
report to the member's appointing authority concerning the work of
the library board and finances of the library during the preceding
calendar year, including the rate of taxation determined under
IC 36-12-3-12.
As added by P.L.1-2005, SEC.49. Amended by P.L.119-2012,
SEC.249.
IC 36-12-2-16
Library board serving district located partly or fully within
consolidated city within one county; appointments
Sec. 16. (a) This section applies to the appointment of members to
a library board of a public library serving a library district that is:
(1) partly or fully within the boundaries of a consolidated city;
and
(2) fully within the boundaries of one (1) county.
(b) Seven (7) members of a library board shall be appointed in the
following order as the terms of previously appointed members expire:
(1) One (1) member appointed by the board of county
commissioners of the county in which the library district is
located.
(2) One (1) member appointed by the fiscal body of the county
in which the library district is located.
(3) One (1) member appointed by the board of county
commissioners of the county in which the library district is
located.
(4) Two (2) members appointed by the school board of the
school corporation in which the principal administrative offices
of the public library are located.
(5) One (1) member appointed by the board of county
commissioners of the county in which the library district is
located.
(6) One (1) member appointed by the fiscal body of the county
in which the library district is located.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-17
Additional members of county contractual library board;
appointments
Sec. 17. The four (4) additional members of a county contractual
library board required by IC 36-12-6-2 shall be appointed as follows:
(1) Two (2) members appointed by the executive of the county
in which the county contractual library district is located.
(2) Two (2) members appointed by the county superintendent of
schools, or if there is no county superintendent of schools, by
the county auditor of the county in which the library district is
located.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-18
Term of library board member
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.
As added by P.L.1-2005, SEC.49. Amended by P.L.113-2010,
SEC.159.
IC 36-12-2-19
Certificate of appointment; oath of office
Sec. 19. (a) An appointing authority under this chapter shall issue
to each appointee to a library board a signed certificate of
appointment.
(b) Not more than ten (10) days after the receipt of the certificate
of appointment, the appointee shall take an oath of office, before an
individual authorized by law to administer the oath, to the effect that
the appointee will faithfully discharge the appointee's duties to the
best of the appointee's ability.
(c) The appointee shall file the certificate of appointment and the
endorsed oath with the records of the public library, which shall be
preserved as a public record.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-20
Removal of member; vacancy
Sec. 20. (a) A library board member may be removed at any time
by the appointing authority, after public hearing, for any cause:
(1) that interferes with the proper discharge of the member's
duties as a member of the board; or
(2) that jeopardizes public confidence in the member.
(b) A vacancy occurs whenever a member is absent from six (6)
consecutive regular board meetings for any cause other than illness.
The appointing authority shall be notified by the secretary of the
board of a vacancy.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-21
Compensation
Sec. 21. A member of a library board shall serve without
compensation. A board member may not serve as a paid employee of
the public library, except the treasurer as provided in section 22 of
this chapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-22
Treasurer; election; powers and duties; removal; vacancy; surety
bond
Sec. 22. (a) The library board shall annually elect a treasurer of the
public library. The treasurer may be either:
(1) a member of the library board; or
(2) an employee of the library.
However, the library director appointed under section 24 of this
chapter may not also be treasurer.
(b) The library board may fix the rate of compensation for the
services of the treasurer.
(c) The treasurer:
(1) is the official custodian of all library funds;
(2) is responsible for the proper safeguarding and accounting of
all library funds;
(3) shall issue warrants approved by the library board in
payment of expenses lawfully incurred in behalf of the public
library; and
(4) shall make financial reports of library funds and present the
reports to the library board every month.
(d) The library board may prescribe the powers and duties of the
treasurer consistent with this chapter.
(e) The treasurer may be removed by the board at any regular or
special meeting by a majority vote of the entire membership of the
board.
(f) The board may elect a successor treasurer if a vacancy occurs
in the office.
(g) The treasurer shall give a surety bond for the faithful
performance of the treasurer's duty and for the accurate accounting
of all money coming into the treasurer's custody. The bond must be:
(1) written by an insurance company licensed to do business in
Indiana;
(2) for the term of office of the treasurer;
(3) in an amount determined by the library board;
(4) paid for with the money from the library fund;
(5) payable to the state of Indiana;
(6) approved by the library board; and
(7) deposited in the office of the recorder of the county in which
the library district is located.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-23
Library board; meetings; election of officers; quorum
Sec. 23. (a) Upon the creation of a new public library, the library
board shall meet not later than ten (10) days after a majority of the
appointees have taken an oath of office. The organizational meeting
may be called by any two (2) members. At the meeting, the board
shall:
(1) elect from the members of the board a president, a vice
president, a secretary, and other officers that the board
determines are necessary; and
(2) adopt bylaws for the board's procedure and management and
for the management of the public library.
Officers of the board shall be elected annually.
(b) Four (4) library board members, who are present in person,
constitute a quorum for the transaction of business. However, for a
county contractual library board under section 17 of this chapter, a
quorum consists of six (6) members. The library board shall meet:
(1) at least monthly; and
(2) at any other time a meeting is necessary.
Meetings may be called by the president or any two (2) board
members. All meetings of the board, except necessary executive
sessions of the officers, are open to the public.
As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.21.
IC 36-12-2-24
Selection of director; employment and discharge of librarians;
reimbursement of interviewing and moving expenses; severance
pay
Sec. 24. (a) The library board shall select a librarian who holds a
certificate under IC 36-12-11 to serve as the director of the library.
The selection shall be made solely upon the basis of the candidate's
training and proficiency in the science of library administration. The
board shall fix the compensation of the director. The director, as the
administrative head of the library, is responsible to the board for the
operation and management of the library.
(b) The library board shall employ and discharge librarians and
other individuals that are necessary in the administration of the affairs
of the library. The board shall:
(1) fix and pay the compensation;
(2) classify and adopt schedules of salaries; and
(3) determine the number and prescribe the duties;
of the librarians and other individuals, with the advice and
recommendations of the library director.
(c) In exercising the powers of the library board under this section,
the library board may reimburse:
(1) candidates for employment for expenses reasonably incurred
while interviewing; and
(2) new employees for the reasonable moving expenses of the
employees.
If the library board exercises authority under this subsection, the
board shall establish reasonable levels of reimbursement for the
purposes of this subsection.
(d) A library board may provide severance pay to a library
employee who is involuntarily separated from employment with the
library.
(e) A library board may provide severance pay to a library
employee who is voluntarily separated from employment with the
library if the library board makes the following findings in a public
meeting:
(1) The library is subject to financial difficulties and revenue
shortfall.
(2) The library:
(A) will not hire an individual to perform the duties of the
employee separating from employment at the same or
comparable compensation and benefits for at least one (1)
year after the date the employee separates from employment
with the library;
(B) will hire a permanent or temporary employee for less
compensation and benefits to perform the duties of the
employee separating from employment; or
(C) will satisfy both the conditions in clauses (A) and (B).
(3) The library will pay the separating employee a stated amount
of severance pay.
(4) The library will reduce its expenditures by:
(A) paying the severance pay stated under subdivision (3) to
the employee separating from employment; and
(B) fulfilling one (1) or more of the conditions set forth in
subdivision (2).
As added by P.L.1-2005, SEC.49. Amended by P.L.63-2011, SEC.1.
IC 36-12-2-25
Local library cards; fees; penalties for loss or damage of library
property
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 and real property taxpayers of the library district;
(2) Indiana residents who are not residents of the library district;
and
(3) individuals who reside out of state and who are being served
through an agreement under IC 36-12-13.
(c) Except as provided in subsection (e), a library board must set
and charge a fee for:
(1) a local library card issued under subsection (b)(2); and
(2) a local library card issued under subsection (b)(3).
(d) The minimum fee that the board may set under subsection (c)
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).
(e) A library board may issue a local library card without charge
or for a reduced fee to an individual who is not a resident of the
library district and who is:
(1) a student enrolled in or a teacher in a public school
corporation or nonpublic school:
(A) that is located at least in part in the library district; and
(B) in which students in any grade from preschool through
grade 12 are educated; or
(2) a library employee of the district;
if the board adopts a resolution that is approved by an affirmative
vote of a majority of the members appointed to the library board.
(f) A library card issued under subsection (b)(2), (b)(3), or (e)
expires one (1) year after issuance of the card.
As added by P.L.1-2005, SEC.49. Amended by P.L.91-2009, SEC.1;
P.L.113-2010, SEC.160; P.L.84-2012, SEC.22; P.L.13-2013,
SEC.155.
IC 36-12-2-26
Dissolution
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.
As added by P.L.113-2010, SEC.161.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
