CHAPTER 2. CLASS 1 PUBLIC LIBRARIES: ORGANIZATION AND BOARD MEMBERS
IC 36-12-2
Chapter 2. Class 1 Public Libraries: Organization and BoardMembers
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 forpurposes 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 bedescribed in the resolution of establishment, conversion, transfer, ormerger filed:
(1) in the office of the county recorder in the county where theadministrative 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 publiclibrary are coextensive, territory annexed by the unit becomes part ofthe library district if the annexed territory is not already part ofanother library district. Whenever a public library annexes territoryunder this subsection, the library board shall file a statementdescribing the annexed territory:
(1) in the office of the county recorder in the county where theadministrative 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 librarydistrict, the territory remains a part of the other library district unlessthe library boards of both public libraries pass a resolution of transferunder 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 territoryof the library to another public library according to the followingprocedure:
(1) The library boards of each public library must pass a
resolution of transfer signed by a majority of the entiremembership of each library board agreeing to the transfer.
(2) The library boards of each public library must include adescription of the transferred territory in the respectiveresolutions of each public library.
(3) Each of the library boards must file a copy of the resolutionof transfer:
(A) in the office of the county recorder in the county wherethe administrative office of the respective public library islocated; 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 forpublic 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 medianof 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 eitherby:
(1) the legislative body passing a written resolution; or
(2) filing a petition with the legislative body that has beensigned by at least twenty percent (20%) of the registered votersof the municipality, township, county, or part of a county, asdetermined by the last preceding general election.
(c) Not later than ten (10) days after a petition is filed undersubsection (b)(2), the municipality, township, county, or part of acounty shall give notice of the filing of the petition in two (2)newspapers of general circulation in the county, one (1) of which ispublished in the municipality where the library is to be located, if anewspaper is published in the municipality.
(d) Not later than ten (10) days after the publication of the petitionunder subsection (c), a registered voter in the municipality, township,county, or part of a county where the public library is proposed to beestablished may file with the respective municipality, township, orcounty a remonstrance that:
(1) is signed by registered voters in the municipality, township,county, or part of the county where the public library isproposed to be established; and
(2) states that the registered voters who have signed theremonstrance are opposed to the establishment of the publiclibrary. (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 orremonstrance.
(B) The residence of each individual on the date theindividual signed the petition or remonstrance.
(2) The petition or remonstrance must include an affidavit ofthe individual circulating the petition or remonstrance statingthat 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 thepetition or remonstrance.
(3) Several copies of the petition or remonstrance may beexecuted. The total of the copies constitute a petition orremonstrance. A copy must include an affidavit as described insubdivision (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 remonstrancemust be filed on the same day.
(4) The clerk of the circuit court in the county where themunicipality, township, county, or part of a county where thepublic library that is proposed to be established is located shalldo the following:
(A) If a name appears more than one (1) time on a petitionor on a remonstrance, the clerk shall strike any duplicates ofthe name until the name appears only one (1) time on apetition or a remonstrance, or both, if the individual signedboth a petition and a remonstrance.
(B) Strike the name from either the petition or theremonstrance of an individual who:
(i) signed both the petition and the remonstrance; and
(ii) personally, in the clerk's office, makes a voluntarywritten and signed request for the clerk to strike theindividual's name from the petition or the remonstrance.
(C) Not more than fifteen (15) days after a petition orremonstrance is filed, certify the number of signatures on thepetition or remonstrance that:
(i) are not duplicates; and
(ii) represent individuals who are registered voters in themunicipality, township, county, or part of a county wherethe public library is proposed to be established, on the daythe individuals signed the petition or remonstrance.
(D) Establish a record of the clerk's certification in theclerk'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, orcounty. The clerk of the circuit court may only strike an individual'sname 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 shallcompare the petition and any remonstrance. Whenever:
(1) a remonstrance has not been filed; or
(2) a greater number of voters have signed the petition thanhave signed the remonstrance against the establishment of thepublic library;
the legislative body shall establish by written resolution the publiclibrary with a library district coextensive with the boundaries of theunit or part of a county, whichever is applicable.
(g) The establishment of the public library is effective as of thedate the written resolution is passed. The legislative body shall filea copy of the resolution not later than five (5) days after theresolution is passed:
(1) with the county recorder in the county where theadministrative 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 havethe power to appoint members of the library board for the new publiclibrary under section 9 of this chapter. The officials shall appoint thelibrary board for the new public library under section 9 of thischapter as soon as possible after the officials are notified.
(i) When the number of registered voters who have signed aremonstrance against the establishment of the public library is equalto or greater than the number who have signed the petition in favorof the establishment of the public library, the legislative body shalldismiss the petition. Another petition to establish a public librarymay not be initiated until one (1) year after the date the legislativebody dismissed the latest unsuccessful petition.
As added by P.L.1-2005, SEC.49.
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 filedunder section 5 of this chapter:
(1) The petition or remonstrance must show the following:
(A) The date on which each individual signed the petition orremonstrance.
(B) The residence of each individual on the date theindividual signed the petition or remonstrance.
(2) The petition or remonstrance must include an affidavit ofthe individual circulating the petition or remonstrance statingthat 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 thepetition or remonstrance. (3) The clerk of the circuit court or the board of registrationshall do the following:
(A) Strike all names appearing more than one (1) time on thepetition or remonstrance.
(B) Certify the number of signatures on the petition orremonstrance that:
(i) are not duplicates; and
(ii) represent individuals who are registered voters in thecounty, the part of the county, or the municipality.
(b) The clerk of the circuit court shall complete the certificationrequired by subsection (a) not later than fifteen (15) days after thepetition 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 toa library board must:
(1) reside in the library district during the time the appointee ison the library board; and
(2) have resided in the library district served by the publiclibrary for at least the two (2) years immediately preceding theappointee's appointment to the library board.
(b) This subsection does not apply to a public library establishedby a county. If part or all of one (1) or more townships arecontracting for service from a public library under IC 36-12-3-7, theappointing authority, in making an appointment under section 9(4)of this chapter, may name a resident of one (1) township to serve onthe library board as the appointment of the appointing authority.However, the township appointee ceases to be a member of thelibrary board if the township in which the appointee resides fails torenew 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 toa library board may not serve more than four (4) consecutive termson the library board. An unexpired term of two (2) years or less thatan individual serves in filling a vacancy on the library board may notbe counted in computing consecutive terms for purposes of thissubsection. The consecutive terms are computed without regard to achange in the appointing authority that appointed the member. If:
(1) a member's term is interrupted due to the merger of at leasttwo (2) public libraries under IC 36-12-4; and
(2) the member is reappointed to the merged public libraryboard;
the term that was interrupted may not be considered in determiningthe number of consecutive terms a member may serve on a library
board. An appointee who has served four (4) consecutive terms maybe reappointed to the board at least four (4) years after the date theappointee's most recent term ended.
(b) This subsection applies to a library board for a library districthaving a population of less than three thousand (3,000). If anappointing authority conducts a diligent but unsuccessful search fora qualified individual who wishes to be appointed to serve on thelibrary board:
(1) the appointing authority may reappoint a board member whohas served four (4) or more consecutive terms; and
(2) state funds may not be withheld from distribution to thelibrary.
The appointing authority shall file with the library board a writtendescription 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 andsubject to section 16 of this chapter, seven (7) members of a libraryboard shall be appointed as follows:
(1) One (1) member appointed by the executive of the county inwhich the library district is located, or if the district is locatedin more than one (1) county, jointly by the executives of therespective counties.
(2) One (1) member appointed by the fiscal body of the countyin which the library district is located, or if the district islocated in more than one (1) county, jointly by the fiscal bodiesof the respective counties.
(3) Three (3) members appointed by the school board of theschool corporation serving the library district. However, if thereis more than one (1) school corporation serving the librarydistrict:
(A) two (2) members shall be appointed by the school boardof the school corporation in which the principaladministrative offices of the public library are located; and
(B) one (1) member shall be appointed by a majority vote ofthe presidents of the school boards of the other schoolcorporations.
(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 thelibrary board of a public library serving a library district that islocated in more than one (1) county and is not entirely located withinthe boundaries of one (1) municipality. For a public library under thissection, the appointments under section 9(4) and 9(5) of this chaptershall be made as follows:
(1) One (1) member appointed jointly by the executive of therespective counties.
(2) One (1) member appointed jointly by the fiscal bodies of therespective 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 membersto the library board of a public library serving a library district thatis located in one (1) county and:
(1) has been established by a county or merged into a countypublic library;
(2) results from the merger of a public library into a countypublic library under IC 36-12-4;
(3) is located in part or all of two (2) or more townships and isnot 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 insubsection (a), the appointments under section 9(4) and 9(5) of thischapter shall be made as follows:
(1) One (1) member appointed by the executive of the county inwhich the library district is located.
(2) One (1) member appointed by the fiscal body of the countyin 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 onehundred thirty thousand (130,000) but less than one hundredforty-five thousand (145,000), or more than one hundred forty-eightthousand (148,000) but less than one hundred seventy thousand(170,000). In a public library that is the result of a merger occurringafter December 31, 1979, between a public library and a countycontractual public library, the appointments under section 9(4) and9(5) of this chapter shall be made as follows:
(1) One (1) member appointed by the executive of themunicipality in which the principal administrative offices of thepublic library are located.
(2) One (1) member appointed by the legislative body of themunicipality in which the principal administrative offices of thepublic library are located.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-12 Library board serving district located in unincorporated areas oftownship; appointments
Sec. 12. This section applies to the appointment of members to thelibrary board of a public library serving a library district that isentirely located in the unincorporated areas of the township. For apublic 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 townshipin which the library district is located.
(2) One (1) member appointed by the legislative body of thetownship 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 thelibrary board of a public library serving a library district that isentirely located in one (1) township and includes part or all of onlyone (1) municipality. For a public library under this section, theappointments under section 9(4) and 9(5) of this chapter shall bemade as follows:
(1) One (1) member appointed by the legislative body of thetownship in which the library district is located.
(2) One (1) member appointed by the legislative body of themunicipality 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 thelibrary board of a public library serving a library district that isentirely located within the boundaries of one (1) municipality. For apublic 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 themunicipality in which the library district is located.
(2) One (1) member appointed by the legislative body of themunicipality 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 librarydistrict:
(1) located in a county having a population of more thanfifty-five thousand (55,000) but less than sixty-five thousand(65,000); 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 boardhas the following members:
(1) One (1) member appointed by the executive of the county inwhich the library district is located and who is not a member ofthe county executive.
(2) One (1) member appointed by the fiscal body of the countyin which the library district is located and who is not a memberof the county fiscal body.
(3) One (1) member appointed by the legislative body of themost populous city in the library district and who is not amember of the city legislative body.
(4) One (1) member appointed by the school board of eachschool corporation having territory in the library district andwho is not a member of a governing body of a schoolcorporation.
(c) An individual who is appointed under subsection (b) to serveas a member of a library board must, before March 1 of each year,report to the member's appointing authority concerning the work ofthe library board and finances of the library during the precedingcalendar year, including the rate of taxation determined underIC 36-12-3-12.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-16
Library board serving district located partly or fully withinconsolidated city within one county; appointments
Sec. 16. (a) This section applies to the appointment of membersto 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 thefollowing order as the terms of previously appointed membersexpire:
(1) One (1) member appointed by the board of countycommissioners of the county in which the library district islocated.
(2) One (1) member appointed by the fiscal body of the countyin which the library district is located.
(3) One (1) member appointed by the board of countycommissioners of the county in which the library district islocated.
(4) Two (2) members appointed by the school board of theschool corporation in which the principal administrative officesof the public library are located.
(5) One (1) member appointed by the board of countycommissioners of the county in which the library district islocated.
(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 contractuallibrary board required by IC 36-12-6-2 shall be appointed as follows:
(1) Two (2) members appointed by the executive of the countyin which the county contractual library district is located.
(2) Two (2) members appointed by the county superintendentof schools, or if there is no county superintendent of schools, bythe county auditor of the county in which the library district islocated.
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 boardmember is four (4) years. A member may continue to serve on alibrary board after the member's term expires until the member'ssuccessor is qualified under section 19 of this chapter. The term ofthe member's successor is not extended by the time that has elapsedbefore the successor's appointment and qualification. If a member isappointed to fill a vacancy on a library board, the member's term isthe unexpired term of the member being replaced.
(b) Except for a library board whose membership is establishedunder section 15 of this chapter, for purposes of establishingstaggered terms for the members of a library board, the initialmembers shall serve the following terms:
(1) One (1) year for one (1) member appointed under section9(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 section9(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 section9(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 section9(3)(B), 16(b)(6), or 17(2) of this chapter.
(c) When an appointing authority appoints members to terms ofdifferent length under subsection (b), the appointing authority shalldesignate which member serves each term.
(d) A member may not serve more than four (4) consecutive termsas 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 issueto each appointee to a library board a signed certificate of
appointment.
(b) Not more than ten (10) days after the receipt of the certificateof appointment, the appointee shall take an oath of office, before anindividual authorized by law to administer the oath, to the effect thatthe appointee will faithfully discharge the appointee's duties to thebest of the appointee's ability.
(c) The appointee shall file the certificate of appointment and theendorsed oath with the records of the public library, which shall bepreserved 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 timeby the appointing authority, after public hearing, for any cause:
(1) that interferes with the proper discharge of the member'sduties 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 theboard 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 withoutcompensation. A board member may not serve as a paid employee ofthe public library, except the treasurer as provided in section 22 ofthis chapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-22
Treasurer; election; powers and duties; removal; vacancy; suretybond
Sec. 22. (a) The library board shall annually elect a treasurer ofthe 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 thischapter may not also be treasurer.
(b) The library board may fix the rate of compensation for theservices of the treasurer.
(c) The treasurer:
(1) is the official custodian of all library funds;
(2) is responsible for the proper safeguarding and accounting ofall library funds;
(3) shall issue warrants approved by the library board inpayment of expenses lawfully incurred in behalf of the publiclibrary; and (4) shall make financial reports of library funds and present thereports to the library board every month.
(d) The library board may prescribe the powers and duties of thetreasurer consistent with this chapter.
(e) The treasurer may be removed by the board at any regular orspecial meeting by a majority vote of the entire membership of theboard.
(f) The board may elect a successor treasurer if a vacancy occursin the office.
(g) The treasurer shall give a surety bond for the faithfulperformance of the treasurer's duty and for the accurate accountingof all money coming into the treasurer's custody. The bond must be:
(1) written by an insurance company licensed to do business inIndiana;
(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 whichthe 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 libraryboard shall meet not later than ten (10) days after a majority of theappointees have taken an oath of office. The organizational meetingmay be called by any two (2) members. At the meeting, the boardshall:
(1) elect from the members of the board a president, a vicepresident, a secretary, and other officers that the boarddetermines are necessary; and
(2) adopt bylaws for the board's procedure and management andfor the management of the public library.
Officers of the board shall be elected annually.
(b) A majority of the library board members constitutes a quorumfor the transaction of business. 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) boardmembers. All meetings of the board, except necessary executivesessions of the officers, are open to the public.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-24
Selection of director; employment and discharge of librarians;reimbursement of interviewing and moving expenses; severancepay
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'straining and proficiency in the science of library administration. Theboard shall fix the compensation of the director. The director, as theadministrative head of the library, is responsible to the board for theoperation and management of the library.
(b) The library board shall employ and discharge librarians andother individuals that are necessary in the administration of theaffairs 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 andrecommendations of the library director.
(c) In exercising the powers of the library board under thissection, the library board may reimburse:
(1) candidates for employment for expenses reasonably incurredwhile interviewing; and
(2) new employees for the reasonable moving expenses of theemployees.
If the library board exercises authority under this subsection, theboard shall establish reasonable levels of reimbursement for thepurposes of this subsection.
(d) A library board may provide severance pay to a libraryemployee who is involuntarily separated from employment with thelibrary.
As added by P.L.1-2005, SEC.49.
IC 36-12-2-25
Local library cards; fees; penalties for loss or damage of libraryproperty
Sec. 25. (a) The residents or real property taxpayers of the librarydistrict taxed for the support of the library may use the facilities andservices of the public library without charge for library or relatedpurposes. 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 of the library district;
(2) Indiana residents who are not residents of the librarydistrict;
(3) library employees of the library district; or
(4) employees of a school corporation or nonpublic schoollocated in the library district;
who apply for the cards.
(c) Except as provided in subsections (d) and (e), a library board
must set and charge a fee for a local library card issued undersubsection (b)(2). The minimum fee that the board may set under thissubsection is the greater of the following:
(1) The library district's operating fund expenditure per capitain the most recent year for which that information is availablein the Indiana state library's annual "Statistics of IndianaLibraries".
(2) Twenty-five dollars ($25).
(d) A library board may charge a reduced fee or not charge a feefor a local library card under subsection (c) that is issued to anIndiana resident who is:
(1) a student enrolled in a public school corporation that islocated at least in part in the library district; and
(2) not a resident of the library district.
(e) A library board may charge a reduced fee or not charge a feefor a local library card under subsection (c) that is issued to anIndiana resident who is a student enrolled in a nonpublic school thatis located at least in part in the library district.
(f) A library board may issue a local library card under subsection(b)(3) or (b)(4):
(1) to an individual who is not a resident of the library district;and
(2) without charging a fee for the card;
if the board adopts a resolution that is approved by an affirmativevote of a majority of the members appointed to the library board.
As added by P.L.1-2005, SEC.49. Amended by P.L.91-2009, SEC.1;P.L.113-2010, SEC.160.
IC 36-12-2-26
Dissolution
Sec. 26. (a) Dissolution of a library district is initiated when thelegislative body of each municipality, township, or county that is apart of the district and library board of the district adopt identicalresolutions proposing to dissolve the district by an affirmative voteof a majority of the voting members of each legislative body andlibrary board.
(b) Copies of the resolutions adopted under subsection (a) shall befiled 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 librarydistrict is located.
(c) A dissolution does not take effect until:
(1) all legal and fiscal obligations of the library district havebeen 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.