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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.
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
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 36-12-2-11
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.
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:
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 36-12-2-20
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 36-12-2-25
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 (d), a library board must set
and charge a fee for a local library card issued under subsection
(b)(2) and (b)(3). The minimum fee that the board may set under this
subsection 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).
(d) 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 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.
(e) A library card issued under subsection (b)(2), (b)(3), or (d)
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.