CHAPTER 5. EXPANSION OF CLASS 1 PUBLIC LIBRARIES
IC 36-12-5
Chapter 5. Expansion of Class 1 Public Libraries
IC 36-12-5-1
Application of chapter
Sec. 1. (a) Sections 2 through 4 of this chapter apply only to Class1 public libraries that seek to expand into not more than one (1)township of a county.
(b) Sections 5 through 12 of this chapter apply to Class 1 publiclibraries that seek to expand into more than one (1) township of acounty by an alternative method to the method under sections 2through 4 of this chapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-5-2
Proposal of expansion; filing
Sec. 2. (a) The library board of a public library may file aproposed expansion with the township trustee and legislative bodyof the township. The proposal must state that the public library seeksto combine with a certain township or any part of a township notbeing taxed for public library service to form a single library district.
(b) Except as provided in section 3 of this chapter, when atownship trustee and legislative body receive a proposal of expansionunder this section, the legislative body may agree to the expansionproposal by written resolution.
As added by P.L.1-2005, SEC.49.
IC 36-12-5-3
Proposal of expansion; intent to file petition for acceptance; notice;petition or remonstrance; procedure; affidavit; duties of clerk ofcircuit court
Sec. 3. (a) When the library board presents the township trusteeand legislative body with a proposal of expansion and an intent tofile a petition for acceptance of the proposal of expansion, not laterthan ten (10) days after the filing, the township trustee shall publishnotice of the proposal of expansion in the manner provided inIC 5-3-1 in a newspaper of general circulation in the township.Beginning the first day after the notice is published, and during theperiod that ends sixty (60) days after the date of the publication ofthe notice, an individual who is a registered voter of the township orpart of the township may sign one (1) or both of the following:
(1) A petition for acceptance of the proposal of expansion thatstates that the registered voter is in favor of the establishmentof an expanded library district.
(2) A remonstrance in opposition to the proposal of expansionthat states that the registered voter is opposed to theestablishment of an expanded library district.
(b) A registered voter of the township or part of the township mayfile a petition or a remonstrance, if any, with the clerk of the circuitcourt in the county where the township is located. A petition for
acceptance of the proposal of expansion must be signed by at leasttwenty percent (20%) of the registered voters of the township, or partof the township, as determined by the most recent general election.
(c) The following apply to a petition that is filed under thissection or a remonstrance that is filed under subsection (b):
(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 described insubdivision (2). A signer may file the petition or remonstrance,or a copy of the petition or remonstrance. All copiesconstituting a petition or remonstrance must be filed on thesame day.
(4) The clerk of the circuit court in the county in which thetownship is located shall do the following:
(A) If a name appears more than one (1) time on a petitionor on a remonstrance, the clerk must 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) Certify the number of signatures on the petition and onany remonstrance that:
(i) are not duplicates; and
(ii) represent individuals who are registered voters in thetownship or the part of the township on the day theindividuals signed the petition or remonstrance.
The clerk of the circuit court may only strike an individual'sname from a petition or a remonstrance as set forth in clauses(A) and (B).
(d) The clerk of the circuit court shall complete the certificationrequired under subsection (c) not more than fifteen (15) days afterthe petition or remonstrance is filed. The clerk shall:
(1) establish a record of certification in the clerk's office; and
(2) file the original petition, the original remonstrance, if any,
and a copy of the clerk's certification with the legislative body.
As added by P.L.1-2005, SEC.49.
IC 36-12-5-4
Comparison of petition and remonstrance; acceptance or rejectionof expansion
Sec. 4. (a) Not more than forty (40) days after the certification ofa petition and a remonstrance, if any, under section 3 of this chapter,the township legislative body shall compare the petition and anyremonstrance.
(b) If a remonstrance has not been filed or a greater number ofvoters have signed the petition than have signed the remonstrance,the legislative body shall agree to the expansion by writtenresolution. Not more than ten (10) days after the written resolutionestablishing an expanded library district is adopted, the legislativebody shall submit a copy of the resolution for filing:
(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.
The expansion is effective as of the date the written resolution isfiled.
(c) When an equal or greater number of registered voters havesigned a remonstrance against the establishment of an expandedlibrary district than the number who have signed the petition in favorof the expansion, the legislative body shall dismiss the petition.Another petition to establish the expanded library district may not beinitiated until one (1) year after the date the legislative bodydismissed the latest unsuccessful petition.
As added by P.L.1-2005, SEC.49.
IC 36-12-5-5
Proposal of expansion; filing
Sec. 5. (a) The library board of a public library may file aproposed expansion with the legislative body of the county. Theproposal must state that the public library seeks to combine withmore than one (1) township or parts of more than one (1) townshipnot being taxed for public library service to form a single librarydistrict.
(b) Except as provided in section 6 of this chapter, whenever thelegislative body of a county receives a proposal of expansion underthis section, the legislative body may agree to the expansion proposalby written resolution.
As added by P.L.1-2005, SEC.49.
IC 36-12-5-6
Proposal of expansion; intent to file petition for acceptance; notice;petition or remonstrance
Sec. 6. (a) Whenever a library board presents the legislative bodyof a county with a proposal of expansion and an intent to file apetition for acceptance of the proposal of expansion, not later than
ten (10) days after the intent is filed, the county auditor shall publishnotice in the manner provided in IC 5-3-1 of the proposal ofexpansion in a newspaper of general circulation in the county.Beginning the first day after the notice is published, and during theperiod that ends sixty (60) days after the date of the publication ofthe notice, an individual who is a registered voter of an affectedtownship or an affected part of the township may sign one (1) or bothof the following:
(1) A petition for acceptance of the proposal of expansion.
(2) A remonstrance petition in opposition to the proposal ofexpansion.
(b) Registered voters shall file a petition or a remonstrance, if any,with the clerk of the circuit court in the county where the townshipsare located. A petition for acceptance of the proposal of expansionmust be signed by at least twenty percent (20%) of the registeredvoters of the townships or parts of townships, as determined by themost recent general election.
As added by P.L.1-2005, SEC.49.
IC 36-12-5-7
Petition or remonstrance; procedure; affidavit; duties of clerk ofcircuit court
Sec. 7. (a) The following apply to a petition or remonstrance thatis filed under section 6 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) Several copies of the petition or remonstrance may beexecuted. The total of the copies constitutes a petition orremonstrance. A copy must include an affidavit described insubdivision (2). A signer may file a petition or remonstrance, ora copy of a petition or remonstrance. All copies constituting apetition or remonstrance must be filed on the same day.
(4) The clerk of the circuit court of the county containing thetownships or parts of townships shall do the following:
(A) If a name appears more than one (1) time on a petitionor on a remonstrance, the clerk must 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 a petition or remonstrance of anindividual who personally, in the clerk's office, makes a
written and signed request for the clerk to strike theindividual's name.
(C) Certify the number of signatures on the petition andremonstrance, if any, that:
(i) are not duplicates; and
(ii) represent individuals who are registered voters in thetownships or parts of townships on the day the individualssigned the petition or remonstrance.
The clerk of the circuit court may only strike an individual'sname from a petition or a remonstrance as set forth in clauses(A) and (B).
(b) The clerk of the circuit court shall complete the certificationrequired under subsection (a) not more than fifteen (15) days afterthe petition or remonstrance is filed.
As added by P.L.1-2005, SEC.49.
IC 36-12-5-8
Duties of clerk of circuit court; record of certification
Sec. 8. The clerk of the circuit court shall establish a record of theclerk's certification in the clerk's office and shall file the originalpetition, the original remonstrance, if any, and a copy of thecertification with the legislative body.
As added by P.L.1-2005, SEC.49.
IC 36-12-5-9
Remonstrance; filing
Sec. 9. A registered voter may file with the clerk of the circuitcourt a remonstrance that:
(1) is signed by registered voters in townships or parts oftownships not already taxed for library purposes; and
(2) states that registered voters who have signed theremonstrance are opposed to the establishment of the expandedlibrary district.
As added by P.L.1-2005, SEC.49.
IC 36-12-5-10
Comparison of petition and remonstrance; acceptance or rejectionof expansion
Sec. 10. (a) Not more than forty (40) days after the certificationof a petition and remonstrance under section 7 of this chapter, thecounty legislative body shall compare the petition and anyremonstrance.
(b) If:
(1) a remonstrance has not been filed; or
(2) a greater number of registered voters have signed thepetition than have signed the remonstrance;
the county legislative body shall agree to the expansion by writtenresolution. The expansion is effective on the date the writtenresolution is filed.
(c) If the number of registered voters who have signed a
remonstrance against the establishment of an expanded librarydistrict is equal to or greater than the number who have signed thepetition in favor of the expansion, the legislative body shall dismissthe petition. Another petition to establish the expanded librarydistrict may not be initiated until one (1) year after the date thelegislative body dismissed the latest unsuccessful petition.
As added by P.L.1-2005, SEC.49.
IC 36-12-5-11
Filing copy of resolution establishing expanded district
Sec. 11. Not more than ten (10) days after a written resolutionestablishing an expanded library district is adopted, the legislativebody shall send a copy of the resolution to be filed:
(1) in the office of the county recorder in each county where thelibrary district is located; and
(2) with the Indiana state library.
As added by P.L.1-2005, SEC.49.
IC 36-12-5-12
Library board; appointments from townships; expiration of priorterm
Sec. 12. (a) If not more than two (2) townships or parts of notmore than two (2) townships are added to a library taxing district, atleast one (1) of the initial appointments made to the library board bythe county commissioners or the county council must be from one (1)of the townships.
(b) If more than two (2) townships or parts of more than two (2)townships are added to a library district, at least two (2) of the initialappointments made to the library board by the county commissionersor the county council must be from the townships that are added tothe library district.
(c) An appointment under this section may not be made before theexpiration of a term in effect at the time the expansion is final.
As added by P.L.1-2005, SEC.49.