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 card
program; 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 borrowing
agreement with another library board under IC 36-1-7 or
IC 36-12-3-7 to provide to or receive from the other library board
library 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 library
district;
(3) library employees of the library district; or
(4) employees of a school corporation or nonpublic school
located in the library district;
who apply for the cards.
(b) Except as provided in subsection (c), a library board must set
and charge a fee for a local library card issued under subsection
(a)(2). 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).
(c) A library board may charge a reduced fee or not charge a fee
for a local library card under subsection (b) that is issued to an
Indiana resident who is:
(1) a student enrolled in a public school corporation that is
located 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 affirmative
vote 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 of
members; vacancy; certificates of appointment; oath; free use;
report
Sec. 4. (a) The library board of any public library established as
a 1901 city or town library consists of qualified and experienced
individuals at least eighteen (18) years of age who have been
residents of the municipality where the library is located for at least
two (2) years immediately preceding the appointment of the
individual. The members shall be appointed for two (2) year terms as
follows:
(1) The board of commissioners of the county where the library
is located shall appoint one (1) member.
(2) The fiscal body of the county where the library is located
shall 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 library
is located shall appoint three (3) members, who may be
members of the school board.
(b) If a vacancy occurs on the library board for any cause, the
appointing authority shall fill the vacancy. The appointing authority
may at any time, for cause shown, remove a member of the library
board and appoint a new member to fill the vacancy caused by the
removal.
(c) The library board members shall serve without compensation.
(d) All appointments to membership on the library board must be
evidenced by certificates of appointment signed by the appointing
authority. 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 the
certificates of appointment, an appointee shall take an oath of office,
before the clerk of the circuit court, that the appointee will faithfully
discharge the appointee's duties as a member of the library board to
the best of the appointee's ability. The appointee shall file the
certificate, with the oath endorsed on it, with the clerk of the circuit
court of the county in which the library is located.
(e) Not later than five (5) days after all the members of the library
board have been appointed and have taken the oath of office, the
members shall meet and organize by electing one (1) member as
president, one (1) member as vice president, and one (1) member as
secretary. The members shall also select committees or an executive
board to carry on the work of the board if the members determine
that committees or an executive board is necessary.
(f) The facilities of a public library established as a 1901 city or
town library are open and free for the use and benefit of all of the
residents of the library district.
(g) The fiscal officer of the municipality operating a public library
under this section shall prepare and file with the municipal
legislative body, before January 16 each year, an itemized statement,
under oath, of all the receipts and disbursements of the library board
for the year ending December 31 immediately preceding the
preparing and filing of the report. The report must contain an
itemized 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 the
municipality 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 existence
and powers; tax exemption; art gallery; reading rooms; public
park
Sec. 5. (a) A public library established as an 1881 city or county
incorporation library that has filed the appropriate incorporation
instrument in the proper recorder's office is a corporation and
possesses all the rights, powers, and privileges given to corporations
by common law to:
(1) sue and be sued;
(2) borrow money and secure the payment of the money by
notes, mortgages, bonds, or deeds of trust upon the personal or
real property of the public library;
(3) purchase, rent, lease, hold, sell, and convey real estate for
the benefit of the corporation, and to erect and maintain suitable
buildings 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, and
convey these donations for the benefit of the corporation, in the
manner provided in the deed of gift or devise.
(b) The real and personal property of the corporation that is
established as an 1881 city or county incorporation public library:
(1) is exempt from taxation for state, county, and municipal
purposes; and
(2) remains exempt so long as the public library is used
exclusively for the general benefit of the inhabitants of the city
or county in which the library is located.
(c) The corporation may establish and maintain a gallery of art
and public reading rooms in connection with the corporation's
library. The corporation may also maintain a public park either in
connection 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 subscription
library 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 or
personal property for the library.
(b) The shareholders of the 1852 subscription library are the
inhabitants of the municipality who have subscribed money for the
establishment of the library. The shareholders shall annually elect
seven (7) directors on the first Monday in January. However, if an
annual election is omitted, the directors remain in office until the
next annual election and until successors are chosen.
(c) The directors shall appoint one (1) director to be president at
the meetings. The president may vote only in case of a tie vote. A
majority of the directors constitutes a quorum. If a vacancy occurs
among the directors, the remaining directors shall elect a new
director to fill the vacancy, and the new director shall serve until the
next annual election.
(d) The 1852 subscription library is governed by bylaws adopted
by 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 exceed
one dollar ($1) on each share during one (1) year. In addition, at the
annual meeting, the shareholders may increase the tax to a sum not
to 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; powers
and duties; tax levy; free use
Sec. 7. (a) The library board of a library established as an 1899
township library consists of the school township trustee in the
township where the library is located and two (2) residents of the
township who are appointed by the board of commissioners of the
county where the library is located. Appointments are for a term of
four (4) years. Members of the library board serve without
compensation.
(b) The library board:
(1) shall control the purchase of books and the management of
the library;
(2) shall possess and retain custody of any books remaining in
the old township library in the township where the library is
located;
(3) may receive donations, bequests, and legacies on behalf of
the library; and
(4) may receive copies of all documents of the state available
for distribution from the director of the state library.
(c) The 1899 township library is the property of the school
township. The school township trustee is responsible for the safe
preservation of the township library.
(d) Two (2) or more adjacent townships may unite to maintain a
township library. The library is controlled by either:
(1) a combined library board, which consists of each of the
uniting township boards appointed under subsection (a); or
(2) the one (1) township library board appointed under
subsection (a) of the uniting townships that receives funding for
the operation of the uniting township library.
(e) The legislative body of any township that contains a library
established as an 1899 township library may levy a tax annually of
not more than three and thirty-three hundredths cents ($0.0333) on
each one hundred dollars ($100) of taxable property assessed for
taxation in the township. If the legislative body does not levy the tax,
a petition signed by at least the number of registered voters required
under IC 3-8-6-3 to place a candidate on the ballot may be filed with
the circuit court clerk, who:
(1) shall determine if an adequate number of voters have signed
the petition; and
(2) if an adequate number of voters have signed the petition,
shall certify the public question to the county election board
under IC 3-10-9-3. The county election board shall then cause
to be printed on the ballot for the township the following
question in the form prescribed by IC 3-10-9-4: "Shall a
township library tax be levied?".
If a majority of the votes cast on the question in subdivision (2) are
in the affirmative, the township trustee shall annually levy a tax of
not less than one and sixty-seven hundredths cents ($0.0167) and not
more than three and thirty-three hundredths cents ($0.0333) on each
one hundred dollars ($100) of taxable property in the township for
the establishment and support of a township library. The township
tax shall be levied, assessed, collected, and paid according to the
procedure outlined in IC 6-1.1.
(f) The tax levy under subsection (e) shall be discontinued when
the question of discontinuing the levy has been submitted to a vote
according to the procedure provided in subsection (e) and the
majority 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 residents
of the township is located in the township, the proceeds of the tax
collected 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 ten
thousand 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 collect
not more than two cents ($0.02) on each one hundred dollars ($100)
upon the taxable property within the limits of the township. The
money shall be paid to the trustees of the library, to be applied by the
trustees for the purchase of books and the payment of the
maintenance costs for the library. When it becomes necessary to
purchase additional ground for the extension or protection of library
buildings already established by private donation, the trustee, with
the consent of the county legislative body, may annually levy and
collect not more than one and sixty-seven hundredths cents ($0.0167)
on each one hundred dollars ($100) of taxable property of the
township for not more than three (3) years successively, to be
expended by the trustees for the purchase of property and the
construction and enlargement of library buildings.
(i) The 1899 township library is free to all the residents of the
township.
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 in
which a private donation library is located;
(2) "library board" means a library board established under
IC 20-14 (before its repeal) or this article in a county in which
a 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 one
hundred twenty thousand (120,000) but less than one
hundred 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 hundred
thousand 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 than
sixty-seven hundredths of one cent ($0.0067) and not more than
one and sixty-seven hundredths cents ($0.0167) on each one
hundred dollars ($100) of the assessed valuation of all the real
and personal property in the county;
(2) keep the tax levied under subdivision (1) separate from all
other funds of the library board; and
(3) use the tax levied under subdivision (1):
(A) if the membership of the trustees of the private donation
library includes at least one (1) member or appointee of the
library board and at least one (1) appointee of the county
fiscal body, for distributions of the full amounts of the tax
received to the trustees of the private donation library at the
time the tax is received by the library board; or
(B) if the membership of the trustees of the private donation
library does not include at least one (1) member or appointee
of the library board and at least one (1) appointee of the
county fiscal body, at the discretion of the library board for:
(i) library board purposes; or
(ii) quarterly distributions to the trustees of the private
donation library.
(c) If requested by the trustees of the private donation library, the
library board shall designate a member of the library board or
appoint an individual to serve as a trustee of the private donation
library. If requested by the trustees of the private donation library,
the county fiscal body shall appoint an individual to serve as a trustee
of the private donation library.
(d) The trustees of the private donation library shall annually
submit a budget to the library board.
(e) The trustees of the private donation library shall expend
amounts received under subsection (b)(3)(A) or (b)(3)(B)(ii) for the
support, 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 in
subdivision (2) to the library board.
(f) For purposes of the property tax levy limits under
IC 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 permissible
property 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 the
legislative body of each municipality, township, or county that is a
part of the district and library board of the district adopt identical
resolutions proposing to dissolve the district by an affirmative vote
of a majority of the voting members of each legislative body and
library board.
(b) Copies of the resolutions adopted under subsection (a) shall be
filed 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 library
district is located.
(c) A dissolution does not take effect until:
(1) all legal and fiscal obligations of the library district have
been 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 by
check, draft, or similar paper instrument, that is initiated through an
electronic terminal, telephone, or computer or magnetic tape for the
purpose of ordering, instructing, or authorizing a financial institution
to debit or credit an account.
(b) A library board may adopt a resolution to authorize an
electronic funds transfer method of payment of claims. If a library
board adopts a resolution under this subsection, the public library
may pay money from its funds by electronic funds transfer.
(c) A public library that pays a claim by electronic funds transfer
shall comply with all other requirements for the payment of claims
by 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 by
the 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 library
property under this section; and
(2) may add the costs of collection, including reasonable
attorney's fees, to money or library property that is owed and
collected under this section.
(c) A library board or the library board's agent that collects money
under this section shall deposit the money, less the costs of
collection, in the account required by law.
(d) A library board may compromise claims made against the
library.
As added by P.L.113-2010, SEC.167.