CHAPTER 7. CLASS 2 PUBLIC LIBRARIES
IC 36-12-7
Chapter 7. Class 2 Public Libraries
IC 36-12-7-1
Application of chapter
Sec. 1. This chapter applies only to Class 2 public libraries.
As added by P.L.1-2005, SEC.49.
IC 36-12-7-2
Board compliance with and participation in statewide library cardprogram; reciprocal borrowing agreement
Sec. 2. The library board shall:
(1) comply with; and
(2) participate in;
the statewide library card program described in IC 4-23-7.1-5.1.However, the library board may enter into a reciprocal borrowingagreement with another library board under IC 36-1-7 orIC 36-12-3-7 to provide to or receive from the other library boardlibrary service.
As added by P.L.1-2005, SEC.49.
IC 36-12-7-3
Local library cards; fees
Sec. 3. (a) 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.
(b) Except as provided in subsection (c), a library board must setand charge a fee for a local library card issued under subsection(a)(2). The minimum fee that the board may set under this subsectionis 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).
(c) A library board may charge a reduced fee or not charge a feefor a local library card under subsection (b) 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 that library district.
(d) A library board may issue a local library card under subsection(a)(3) or (a)(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.113-2010,SEC.164.
IC 36-12-7-4
Board of 1901 city or town library; residency; appointment ofmembers; vacancy; certificates of appointment; oath; free use;report
Sec. 4. (a) The library board of any public library established asa 1901 city or town library consists of qualified and experiencedindividuals at least eighteen (18) years of age who have beenresidents of the municipality where the library is located for at leasttwo (2) years immediately preceding the appointment of theindividual. The members shall be appointed for two (2) year terms asfollows:
(1) The board of commissioners of the county where the libraryis located shall appoint one (1) member.
(2) The fiscal body of the county where the library is locatedshall appoint one (1) member.
(3) The municipal executive shall appoint one (1) member.
(4) The municipal legislative body shall appoint one (1)member.
(5) The school board of the school corporation where the libraryis located shall appoint three (3) members, who may bemembers of the school board.
(b) If a vacancy occurs on the library board for any cause, theappointing authority shall fill the vacancy. The appointing authoritymay at any time, for cause shown, remove a member of the libraryboard and appoint a new member to fill the vacancy caused by theremoval.
(c) The library board members shall serve without compensation.
(d) All appointments to membership on the library board must beevidenced by certificates of appointment signed by the appointingauthority. Certificates of appointment shall be:
(1) handed to; or
(2) mailed to the address of;
the appointee. Not later than ten (10) days after receiving thecertificates of appointment, an appointee shall take an oath of office,before the clerk of the circuit court, that the appointee will faithfullydischarge the appointee's duties as a member of the library board tothe best of the appointee's ability. The appointee shall file thecertificate, with the oath endorsed on it, with the clerk of the circuitcourt of the county in which the library is located.
(e) Not later than five (5) days after all the members of the libraryboard have been appointed and have taken the oath of office, themembers shall meet and organize by electing one (1) member aspresident, one (1) member as vice president, and one (1) member assecretary. The members shall also select committees or an executive
board to carry on the work of the board if the members determinethat committees or an executive board is necessary.
(f) The facilities of a public library established as a 1901 city ortown library are open and free for the use and benefit of all of theresidents of the library district.
(g) The fiscal officer of the municipality operating a public libraryunder this section shall prepare and file with the municipallegislative body, before January 16 each year, an itemized statement,under oath, of all the receipts and disbursements of the library boardfor the year ending December 31 immediately preceding thepreparing and filing of the report. The report must contain anitemized statement of:
(1) the sources of all receipts;
(2) all disbursements made; and
(3) the purpose for which each was made.
The annual report may be inspected by the citizens of themunicipality and township in which the library is located.
As added by P.L.1-2005, SEC.49.
IC 36-12-7-5
1881 city or county incorporation libraries; corporate existenceand powers; tax exemption; art gallery; reading rooms; publicpark
Sec. 5. (a) A public library established as an 1881 city or countyincorporation library that has filed the appropriate incorporationinstrument in the proper recorder's office is a corporation andpossesses all the rights, powers, and privileges given to corporationsby common law to:
(1) sue and be sued;
(2) borrow money and secure the payment of the money bynotes, mortgages, bonds, or deeds of trust upon the personal orreal property of the public library;
(3) purchase, rent, lease, hold, sell, and convey real estate forthe benefit of the corporation, and to erect and maintain suitablebuildings to accomplish library purposes; and
(4) receive and accept donations, either of money or real estate,either by gift or devise, and to hold, use, mortgage, sell, andconvey these donations for the benefit of the corporation, in themanner provided in the deed of gift or devise.
(b) The real and personal property of the corporation that isestablished as an 1881 city or county incorporation public library:
(1) is exempt from taxation for state, county, and municipalpurposes; and
(2) remains exempt so long as the public library is usedexclusively for the general benefit of the inhabitants of the cityor county in which the library is located.
(c) The corporation may establish and maintain a gallery of artand public reading rooms in connection with the corporation'slibrary. The corporation may also maintain a public park either inconnection with the corporation's library building or separate from
the library building.
As added by P.L.1-2005, SEC.49.
IC 36-12-7-6
1852 subscription libraries; corporate existence and powers;organization; tax levy
Sec. 6. (a) A public library established as an 1852 subscriptionlibrary is a municipal corporation and possesses the power to:
(1) sue and be sued; and
(2) receive by donation books, money, paper, or other real orpersonal property for the library.
(b) The shareholders of the 1852 subscription library are theinhabitants of the municipality who have subscribed money for theestablishment of the library. The shareholders shall annually electseven (7) directors on the first Monday in January. However, if anannual election is omitted, the directors remain in office until thenext annual election and until successors are chosen.
(c) The directors shall appoint one (1) director to be president atthe meetings. The president may vote only in case of a tie vote. Amajority of the directors constitutes a quorum. If a vacancy occursamong the directors, the remaining directors shall elect a newdirector to fill the vacancy, and the new director shall serve until thenext annual election.
(d) The 1852 subscription library is governed by bylaws adoptedby the directors of the public library.
(e) The directors may adopt a common seal.
(f) The directors may levy a tax on the shareholders not to exceedone dollar ($1) on each share during one (1) year. In addition, at theannual meeting, the shareholders may increase the tax to a sum notto exceed five dollars ($5) on each share during one (1) year.
(g) The shareholders may:
(1) appoint a treasurer and a librarian; or
(2) remove the treasurer or librarian;
at the pleasure of the shareholders.
As added by P.L.1-2005, SEC.49.
IC 36-12-7-7
Board of 1899 township library; appointment of members; powersand duties; tax levy; free use
Sec. 7. (a) The library board of a library established as an 1899township library consists of the school township trustee in thetownship where the library is located and two (2) residents of thetownship who are appointed by the board of commissioners of thecounty where the library is located. Appointments are for a term offour (4) years. Members of the library board serve withoutcompensation.
(b) The library board:
(1) shall control the purchase of books and the management ofthe library;
(2) shall possess and retain custody of any books remaining in
the old township library in the township where the library islocated;
(3) may receive donations, bequests, and legacies on behalf ofthe library; and
(4) may receive copies of all documents of the state availablefor distribution from the director of the state library.
(c) The 1899 township library is the property of the schooltownship. The school township trustee is responsible for the safepreservation of the township library.
(d) Two (2) or more adjacent townships may unite to maintain atownship library. The library is controlled by either:
(1) a combined library board, which consists of each of theuniting township boards appointed under subsection (a); or
(2) the one (1) township library board appointed undersubsection (a) of the uniting townships that receives funding forthe operation of the uniting township library.
(e) The legislative body of any township that contains a libraryestablished as an 1899 township library may levy a tax annually ofnot more than three and thirty-three hundredths cents ($0.0333) oneach one hundred dollars ($100) of taxable property assessed fortaxation in the township. If the legislative body does not levy the tax,a petition signed by at least the number of registered voters requiredunder IC 3-8-6-3 to place a candidate on the ballot may be filed withthe circuit court clerk, who:
(1) shall determine if an adequate number of voters have signedthe petition; and
(2) if an adequate number of voters have signed the petition,shall certify the public question to the county election boardunder IC 3-10-9-3. The county election board shall then causeto be printed on the ballot for the township the followingquestion in the form prescribed by IC 3-10-9-4: "Shall atownship library tax be levied?".
If a majority of the votes cast on the question in subdivision (2) arein the affirmative, the township trustee shall annually levy a tax ofnot less than one and sixty-seven hundredths cents ($0.0167) and notmore than three and thirty-three hundredths cents ($0.0333) on eachone hundred dollars ($100) of taxable property in the township forthe establishment and support of a township library. The townshiptax shall be levied, assessed, collected, and paid according to theprocedure outlined in IC 6-1.1.
(f) The tax levy under subsection (e) shall be discontinued whenthe question of discontinuing the levy has been submitted to a voteaccording to the procedure provided in subsection (e) and themajority of the votes cast on the question is in the negative.
(g) If a public library that is open for the use of all the residentsof the township is located in the township, the proceeds of the taxcollected under subsection (e) shall be paid to that public library.
(h) In a township outside a city that contains a library:
(1) established by private donations of the value of at least tenthousand dollars ($10,000), including the real estate and
buildings used for the library; and
(2) used for the benefit of all the inhabitants of the township;
the township trustee of the township shall annually levy and collectnot more than two cents ($0.02) on each one hundred dollars ($100)upon the taxable property within the limits of the township. Themoney shall be paid to the trustees of the library, to be applied by thetrustees for the purchase of books and the payment of themaintenance costs for the library. When it becomes necessary topurchase additional ground for the extension or protection of librarybuildings already established by private donation, the trustee, withthe consent of the county legislative body, may annually levy andcollect not more than one and sixty-seven hundredths cents ($0.0167)on each one hundred dollars ($100) of taxable property of thetownship for not more than three (3) years successively, to beexpended by the trustees for the purchase of property and theconstruction and enlargement of library buildings.
(i) The 1899 township library is free to all the residents of thetownship.
As added by P.L.1-2005, SEC.49.
IC 36-12-7-8
Certain libraries established by private donation; tax levy; report
Sec. 8. (a) As used in this section:
(1) "county fiscal body" means the fiscal body of a county inwhich a private donation library is located;
(2) "library board" means a library board established underIC 20-14 (before its repeal) or this article in a county in whicha private donation library is located; and
(3) "private donation library" means a public library:
(A) established by private donation;
(B) located in a city having a population of more than onehundred twenty thousand (120,000) but less than onehundred fifty thousand (150,000);
(C) that contains at least twenty-five thousand (25,000)volumes;
(D) that has real property valued at at least one hundredthousand dollars ($100,000); and
(E) that is open and free to the residents of the city.
(b) The library board shall:
(1) levy a tax under IC 6-1.1 in an amount not less thansixty-seven hundredths of one cent ($0.0067) and not more thanone and sixty-seven hundredths cents ($0.0167) on each onehundred dollars ($100) of the assessed valuation of all the realand personal property in the county;
(2) keep the tax levied under subdivision (1) separate from allother funds of the library board; and
(3) use the tax levied under subdivision (1):
(A) if the membership of the trustees of the private donationlibrary includes at least one (1) member or appointee of thelibrary board and at least one (1) appointee of the county
fiscal body, for distributions of the full amounts of the taxreceived to the trustees of the private donation library at thetime the tax is received by the library board; or
(B) if the membership of the trustees of the private donationlibrary does not include at least one (1) member or appointeeof the library board and at least one (1) appointee of thecounty fiscal body, at the discretion of the library board for:
(i) library board purposes; or
(ii) quarterly distributions to the trustees of the privatedonation library.
(c) If requested by the trustees of the private donation library, thelibrary board shall designate a member of the library board orappoint an individual to serve as a trustee of the private donationlibrary. If requested by the trustees of the private donation library,the county fiscal body shall appoint an individual to serve as a trusteeof the private donation library.
(d) The trustees of the private donation library shall annuallysubmit a budget to the library board.
(e) The trustees of the private donation library shall expendamounts received under subsection (b)(3)(A) or (b)(3)(B)(ii) for thesupport, operation, and maintenance of the private donation library.The trustees shall:
(1) keep the money separate from all other funds;
(2) record:
(A) the amount of money received;
(B) to whom and when the money is paid out; and
(C) for what purpose the money is used;
in a book kept by the trustees; and
(3) make an annual report of the matters referred to insubdivision (2) to the library board.
(f) For purposes of the property tax levy limits underIC 6-1.1-18.5, the tax levied by the library board under subsection(b)(1) is not included in the calculation of the maximum permissibleproperty tax levy for the public library.
As added by P.L.1-2005, SEC.49. Amended by P.L.214-2005,SEC.76; P.L.1-2010, SEC.155.
IC 36-12-7-9
Dissolution
Sec. 9. (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.165.
IC 36-12-7-10
Electronic funds transfer
Sec. 10. (a) As used in this section, "electronic funds transfer"means any transfer of funds, other than a transaction originated bycheck, draft, or similar paper instrument, that is initiated through anelectronic terminal, telephone, or computer or magnetic tape for thepurpose of ordering, instructing, or authorizing a financial institutionto debit or credit an account.
(b) A library board may adopt a resolution to authorize anelectronic funds transfer method of payment of claims. If a libraryboard adopts a resolution under this subsection, the public librarymay pay money from its funds by electronic funds transfer.
(c) A public library that pays a claim by electronic funds transfershall comply with all other requirements for the payment of claimsby the public library.
As added by P.L.113-2010, SEC.166.
IC 36-12-7-11
Collection
Sec. 11. (a) A library board or a person designated in writing bythe library board may:
(1) collect money or library property; or
(2) compromise the amount of money;
that is owed to the library.
(b) A library board:
(1) shall determine the costs of collecting money or libraryproperty under this section; and
(2) may add the costs of collection, including reasonableattorney's fees, to money or library property that is owed andcollected under this section.
(c) A library board or the library board's agent that collects moneyunder this section shall deposit the money, less the costs ofcollection, in the account required by law.
(d) A library board may compromise claims made against thelibrary.
As added by P.L.113-2010, SEC.167.