IC 36-12-4
    Chapter 4. Merger of Class 1 Public Libraries

IC 36-12-4-1
Application of chapter
    Sec. 1. This chapter applies only to Class 1 public libraries.
As added by P.L.1-2005, SEC.49.

IC 36-12-4-2
Authorization to merge; resolution
    Sec. 2. (a) A public library may merge with any other publiclibrary.
    (b) The merger of at least two (2) public libraries must be initiatedby a majority of the entire membership of each library board signinga resolution initiating the planning of a merger.
As added by P.L.1-2005, SEC.49.

IC 36-12-4-3
Planning committee; plan for merger; adoption
    Sec. 3. (a) Not more than thirty (30) days after a resolution callingfor the planning of a merger is signed under section 2 of this chapter,each library board seeking to merge under this chapter shall appointthree (3) individuals to serve on a planning committee to develop aplan for the merger of the libraries.
    (b) The plan for the merger must include the followinginformation:
        (1) A designation of the primary library that:
            (A) is one (1) of the libraries seeking to merge; and
            (B) will continue to exist as a legal entity following themerger.
        (2) A description of the services to be offered by the mergedlibrary.
        (3) The terms and conditions upon which the transfer ofproperty among the merging libraries will be achieved.
        (4) A schedule for the merger process to begin and conclude.
        (5) Any other pertinent matter.
    (c) The plan must be completed not later than one (1) year fromthe date that the resolution calling for the planning of the merger issigned.
    (d) Upon completion of the plan described in subsection (b), theplan shall be presented to the library board of each merging libraryfor adoption.
    (e) A merger is not considered final unless a majority of themembership of each library board adopts the plan by writtenresolution.
As added by P.L.1-2005, SEC.49.

IC 36-12-4-4
Filing resolution; interim board; combination of budgets; newbudget and tax levy    Sec. 4. (a) A copy of the resolution adopting the merger describedin section 3(e) of this chapter must be filed with:
        (1) the county recorder in each county in which merging librarydistricts are located; and
        (2) the Indiana state library.
    (b) After the resolution adopting the merger is filed, each libraryboard that is not the board of the primary library shall appoint four(4) members to serve with the primary library board on an interimboard.
    (c) The interim board has the same duties and powers of a publiclibrary board under IC 36-12-3.
    (d) After the resolution adopting the merger is filed, the budgetsof the merging libraries shall be:
        (1) combined for the remainder of the current year; and
        (2) administered by the interim board.
    (e) The interim board described in subsection (b) is dissolved onDecember 31 of the year in which the merger takes place.
    (f) The members of a merged library board shall be appointedunder IC 36-12-2, and the terms of office for the members of themerged library board begin January 1 following the dissolution of theinterim board.
    (g) If a merger takes place after December 31 but before July 1 ofthe ensuing year, the interim library board described in subsection(b) shall present a new budget and tax rate to the department of localgovernment finance to receive a new tax levy for the merged librarydistrict.
    (h) If a merger takes place after June 30 but before January 1 ofthe ensuing year, the merged library board described in subsection (f)shall present a new budget and tax rate to the department of localgovernment finance to receive a new tax levy for the merged librarydistrict.
As added by P.L.1-2005, SEC.49.

IC 36-12-4-5
Merger of municipal and county libraries or public library locatedin whole or part in consolidated city; board
    Sec. 5. In the case of the merger of a municipal public library anda:
        (1) county public library; or
        (2) public library located in whole or in part in a consolidatedcity;
the municipal public library shall merge into the county publiclibrary or public library located in whole or in part in theconsolidated city. The municipal board and the county board are thendissolved effective December 31 of the year of the merger and anewly created board shall take office January 1.
As added by P.L.1-2005, SEC.49.