CHAPTER 9. POWERS AND DUTIES OF LIBRARY SERVICES AUTHORITIES
IC 36-12-9
Chapter 9. Powers and Duties of Library Services Authorities
IC 36-12-9-1
Application of chapter
Sec. 1. This chapter applies to library services authorities
established under IC 36-12-8.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-2
Municipal powers; exception
Sec. 2. A library services authority is a municipal corporation and
may exercise any powers, privileges, or authority exercised or
capable of being exercised by a public agency of the state, except
that of levying taxes.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-3
Actions; standing
Sec. 3. A library services authority may sue and be sued, and
plead and be impleaded.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-4
Provision of library services and facilities
Sec. 4. A library services authority may establish, manage,
maintain, and operate the library facilities and provide the library
services specified in the joint agreement creating the library services
authority.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-5
Chief administrative officer; other employees; reimbursement of
interviewing and moving expenses
Sec. 5. (a) A library services authority may:
(1) employ and delegate duties and responsibilities to a chief
administrative officer and other employees that may be
necessary for the performance of the authority's functions, or
provide for a chief administrative officer or other employees by
contract with:
(A) a library participant of the authority;
(B) another organization, institution, or company;
(C) an agency of government; or
(D) an individual;
(2) fix and pay the compensation of the employees;
(3) determine the number and duties of the employees; and
(4) remove or discharge employees.
(b) In exercising the powers under subsection (a)(1), the board of
directors of the library services authority may reimburse:
(1) candidates for employment for expenses reasonably incurred
while interviewing; and
(2) new employees for reasonable moving expenses.
If the board of directors exercises authority under this subsection, the
board shall establish reasonable levels of reimbursement for the
purposes of this subsection.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-6
Purchases
Sec. 6. A library services authority may purchase supplies,
materials, and equipment to carry out the powers and duties of the
board of directors.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-7
Real and personal property
Sec. 7. A library services authority may acquire and hold property,
real or personal, by purchase, devise, lease, gift, or otherwise, and
sell, exchange, or otherwise dispose of property, real or personal, no
longer needed for purposes of the authority.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-8
Budget; adoption; contract for pro rata charges
Sec. 8. (a) The executive committee of the library services
authority shall prepare and adopt a budget annually for the operating
expenditures of the library services authority and shall calculate the
share of the budget to be charged to each participant in the authority
according to the pro rata formula in rules adopted by the board of
directors. The budget shall be submitted to the board of directors for
adoption. After adoption of the budget by the board, the board shall
submit a contract with the appropriate pro rata charges to each
participant at least three (3) months before the fiscal year for which
the budget of the participant is to be adopted.
(b) Each participant in the library services authority that signs a
contract for pro rata charges in the ensuing fiscal year shall:
(1) include the charges in the participant's budget for the
ensuing fiscal year; and
(2) provide the necessary funds with which to pay the
contractual obligations under the participant's contract with the
library services authority.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-9
Funds; surety bonds; deposit; investment; records
Sec. 9. (a) The library services authority shall deposit, hold, and
expend all funds coming into the possession of the library services
authority in accordance with IC 5-11.
(b) An officer or employee of the library services authority who
is authorized to receive or disburse or in any other way handle funds
and securities of the authority shall give a corporate surety bond, in
an amount specified in the rules, for the faithful performance of the
duties of the officer or employee and the proper accounting of all
money and other property that may be under the control of the officer
or employee. The cost of the bond, including the cost of filing and
recording, shall be paid out of funds of the library services authority.
(c) A library services authority may invest excess funds:
(1) in securities lawfully issued by any municipal corporation;
or
(2) in accordance with IC 5-13-9.
However, deposits may not be made in excess of the amount of
insurance protection afforded a participant or investor of any of these
institutions.
(d) A library services authority may establish any special funds
that may be necessary for the purpose of accumulating sufficient
money over two (2) or more fiscal years for:
(1) the purchase of specified real property or major equipment;
(2) making improvements to real property owned by the library
services authority; or
(3) providing fee based services to members.
Each special fund must be established for a specific purpose and
named for that purpose. Any funds accumulated but not expended
under this subsection may be transferred and expended for any other
legitimate purpose of the authority.
(e) The records of a library services authority are public records.
All funds received, unless specifically excluded, are the property of
the library services authority receiving them.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-10
Employee benefits programs; expenditures
Sec. 10. A library services authority may establish and maintain
or participate in programs of employee benefits, which may include
the lawful disbursement of funds for expenses related to the
educational or professional development of an individual employed
by the library services authority, including:
(1) inservice training;
(2) attending seminars or other special courses of instruction;
and
(3) tuition reimbursement;
if the library services authority determines that the expenditures
under this section directly benefit the operation of the library
facilities or the provision of library services.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-11
Reports to participants
Sec. 11. A library services authority may report annually to each
participant in the authority on the budget and expenditures, services
rendered, program, plans for development, and any other information
that may be appropriate.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-12
Contracts
Sec. 12. A library services authority may enter into all contracts
and agreements necessary to the performance of the authority's duties
and the execution of the library services authority's powers under this
chapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-13
Rates and charges; prepayment
Sec. 13. A library services authority may:
(1) establish and collect reasonable rates and charges for
services rendered to the participants in the authority or others
using the services of the authority; and
(2) require participants in the authority or others using the
services of the authority to make prepayments for certain
services.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-14
Participation in certain associations
Sec. 14. A library services authority may join and participate in,
through designated employees or representatives, the meetings and
activities of state and national associations of a civic, educational,
professional, or governmental nature that have as their purpose the
betterment and improvement of library operations.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-15
Tax exemption
Sec. 15. All property owned by the library services authority and
all revenues received by the authority are exempt from taxation for
all purposes.
As added by P.L.1-2005, SEC.49.