reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 5. Powers and Duties of Districts › 36-11-5-1. District Rights, Powers, and Duties

Sec. 1. Upon establishment of the district, the district may exercise all the rights, powers, and duties conferred upon the district by this article.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 5. Powers and Duties of Districts › 36-11-5-2. District Powers

Sec. 2. A district may do the following:
(1) Make contracts for the services necessary for the operations of the district, including management of the district by any public or private entity.
(2) Adopt, amend, and repeal bylaws for the administration of the district's affairs.
(3) Fix, alter, charge, and collect reasonable rates and other charges, to be imposed by the governing body, in the area served by the district with respect to every person whose premises are, whether directly or indirectly, served by the district, for the following purposes:
(A) To fulfill the terms of contracts made by the district.
(B) To pay the other expenses of the district.
(4) Refuse the services of the district if the rates and other charges are not paid by the user.
(5) Control and supervise all licenses, money, contracts, accounts, books, records, maps, or other property rights and interests conveyed, delivered, transferred, or assigned to the district.
(6) Make provision for, contract for, or sell the district's byproducts or waste.
(7) Adopt and enforce rules:
(A) to establish procedures for the governing body's actions; or
(B) for any other lawful subject necessary to the operation of the district and the exercise of the power granted.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 5. Powers and Duties of Districts › 36-11-5-3. District Contracts and Obligations

Sec. 3. A district may make contracts or incur obligations only if the contracts or obligations are payable solely from:
(1) revenue the district is permitted to raise under this article; or
(2) federal, state, or other grants or contributions.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 5. Powers and Duties of Districts › 36-11-5-4. District Action to Benefit a Property With Available Sanitary Sewer

Sec. 4. (a) Except as provided in subsection (b), a district may not make expenditures or take any other action for the benefit of a property served by a system if there is an available sanitary sewer within three hundred (300) feet of the property line.
(b) A district may make expenditures or take other action for the benefit of a property referred to in subsection (a) if the sanitary system operator refuses connection.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 6. District Plan › 36-11-6-1. District Plan Contents

Sec. 1. A district plan for the operation of the district must include:
(1) a detailed statement of the activities under IC 36-11-2-1 that the district plans to undertake; and
(2) a timetable for the activities under subdivision (1).
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7. Amended by P.L.1-2003, SEC.103.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 7. Payment of District Expenses › 36-11-7-2. Advancements or Donations of Money to a District

Sec. 2. A local, state, or federal agency or person may advance or give a district money to be used by the district for the following purposes:
(1) The preparation of a plan for the operation of the district.
(2) Other purposes of the district until the district is in receipt of revenue from its operations or from the county in which the district is located.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 7. Payment of District Expenses › 36-11-7-3. Repayment of Money Advanced by a County

Sec. 3. When a district receives revenue from its operations or from the county in which the district is located, the district shall repay any money advanced to the advancing agency in the manner agreed.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 7. Payment of District Expenses › 36-11-7-4. Use of County Revenue for Operation of a District

Sec. 4. The governing body of a district may provide for the use of revenue of the county for operation of the district.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 8. Territorial Authority of Sewage Disposal Companies › 36-11-8-1. District Does Not Limit Formation and Operation of Sewage Disposal Company or Certificate of Territorial Authority

Sec. 1. This article does not limit the following:
(1) The formation and operation under IC 8-1-2-89 of a sewage disposal company to provide sewage disposal service to an area within a district.
(2) The granting of a certificate of territorial authority under IC 8-1-2-89 encompassing a part of the area within the district.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 9. Rates and Charges › 36-11-9-1. Manner of Imposition by Governing Body; Approval by County Legislative Body

Sec. 1. (a) Except as provided in subsection (b), the governing body may determine and impose rates and charges of the district based on the following:
(1) A flat charge for each system.
(2) Variable charges based on the capacity of a system.
(3) Other factors that the governing body determines are necessary to establish just and equitable rates and charges.
(b) In:
(1) a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000); and
(2) a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000);
rates and charges may be imposed or changed under this chapter only after approval by the county legislative body.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7. Amended by P.L.119-2012, SEC.246; P.L.104-2022, SEC.226.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 9. Rates and Charges › 36-11-9-2. Billing and Collecting Rates and Charges

Sec. 2. Unless the governing body finds and directs otherwise, the district is considered to benefit every:
(1) lot;
(2) parcel of land; or
(3) building;
served by a system. The rates or charges shall be billed and collected accordingly.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 9. Rates and Charges › 36-11-9-3. Amount of Rates and Charges

Sec. 3. (a) Just and equitable rates and charges are those that produce sufficient revenue to pay all expenses incidental to the operation of the district.
(b) Rates and charges too low to meet the financial requirements described in subsection (a) are unlawful.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 9. Rates and Charges › 36-11-9-4. Establishment of Rates and Charges After Public Hearing

Sec. 4. The governing body shall establish the rates and charges after a public hearing at which all:
(1) the owners of systems; and
(2) others interested;
have an opportunity to be heard concerning the proposed rates and charges.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 9. Rates and Charges › 36-11-9-5. Publication of Proposed Rates and Charges; Adjournment of Hearing

Sec. 5. After introduction of the ordinance initially fixing rates and charges but before the ordinance is finally adopted, notice of the hearing setting forth the proposed schedule of the rates and charges must be given by publication one (1) time each week for two (2) weeks:
(1) with each publication of notice in a newspaper of general circulation in the county; or
(2) with the first publication of notice in a newspaper described in subdivision (1) and the second publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the county.
The second publication must be at least seven (7) days before the date fixed in the notice for the hearing. The hearing may be adjourned as necessary.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7. Amended by P.L.152-2021, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 9. Rates and Charges › 36-11-9-6. Passage of Ordinance; Schedule of Rates and Charges Available to Public

Sec. 6. (a) The ordinance establishing the initial rates and charges, either as:
(1) originally introduced; or
(2) modified and amended;
shall be passed and put into effect after the hearing. However, the governing body must approve any modification or amendment of the rates and charges.
(b) A copy of the schedule of the rates and charges established must be:
(1) kept on file in the office of the district; and
(2) open to public inspection.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 9. Rates and Charges › 36-11-9-7. Change in Rates and Charges

Sec. 7. A change of the rates and charges may be made in the same manner as the rates and charges were originally established.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 10. Liens for Rates and Charges › 36-11-10-1. Lien for Rates and Charges

Sec. 1. The rates and charges made, assessed, or established under this article against:
(1) a lot;
(2) a parcel of land; or
(3) a building;
that is served by the district are a lien against the lot, parcel of land, or building.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 10. Liens for Rates and Charges › 36-11-10-2. Date Lien Attaches; Precedence of Lien; Enforcement

Sec. 2. Except as provided in section 5 of this chapter, a lien attaches on the date the rates and charges become sixty (60) days delinquent. The lien:
(1) is superior to and takes precedence over all other liens except a lien for taxes; and
(2) shall be enforced under this article.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 10. Liens for Rates and Charges › 36-11-10-3. Penalty on Delinquent Rates and Charges; Civil Action for Recovery

Sec. 3. If rates and charges are not paid within the time fixed by the governing body, the rates and charges become delinquent, and a penalty of ten percent (10%) of the amount of the rates and charges attaches to the rates and charges. The governing body may recover:
(1) the amount due;
(2) the penalty; and
(3) reasonable attorney's fees;
in a civil action in the name of the district.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 10. Liens for Rates and Charges › 36-11-10-4. Collection of Rates, Charges, and Penalties

Sec. 4. The rates and charges, together with the penalty, are collectible in the manner provided by this article.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 10. Liens for Rates and Charges › 36-11-10-5. No Enforcement Against Subsequent Owner Unless Lien Recorded Before Conveyance; Billing of Rates and Charges to Seller

Sec. 5. (a) A rate or charge is not enforceable as a lien against a subsequent owner of property unless the lien for the rate or charge was recorded with the county recorder before the conveyance to the subsequent owner.
(b) If the property is conveyed before the lien can be filed, the officer of the district who is charged with the collection of the rate or charge shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not less than fifteen (15) days after the date of the notice. If payment is not received within one hundred eighty (180) days after the date of the notice, the amount due may be expensed as a bad debt loss.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 10. Liens for Rates and Charges › 36-11-10-6. Release of Liens

Sec. 6. (a) The district shall release:
(1) liens filed with the county recorder after the recorded date of conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a verified demand in writing from the purchaser.
(b) The demand must state the following:
(1) That the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner.
(2) That the purchaser has not been paid by the seller for the delinquent fees.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 11. Enforcement of Delinquencies › 36-11-11-1. Application of Chapter

Sec. 1. This chapter applies only to fees or penalties that have been due and unpaid for at least ninety (90) days.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 11. County Onsite Waste Management Districts › Chapter 11. Enforcement of Delinquencies › 36-11-11-2. Enforcement of Delinquent Fees and Penalties

Sec. 2. A district may enforce delinquent fees and penalties in the manner described in IC 36-9-23.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7. Amended by P.L.131-2005, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-2. "Indiana Library and Historical Board"

Sec. 2. "Indiana library and historical board" refers to the Indiana library and historical board established by IC 4-23-7-2.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-3. "Library Board"

Sec. 3. "Library board" means the fiscal and administrative body of a public library.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-4. "Library District"

Sec. 4. "Library district" means the territory within the corporate boundaries of a public library.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-5. "Public Library"

Sec. 5. "Public library" means a municipal corporation that:
(1) provides library services; and
(2) is organized under:
(A) IC 36-12-2;
(B) IC 36-12-4;
(C) IC 36-12-5;
(D) IC 36-12-6; or
(E) IC 36-12-7.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-6. "School Board"

Sec. 6. "School board" means the governing body as set forth in IC 20-18-2-5.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-7. "School Corporation"

Sec. 7. "School corporation" has the meaning set forth in IC 20-33-5-1.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-8. Policy; Services

Sec. 8. (a) The state shall encourage the establishment, maintenance, and development of public libraries throughout Indiana as part of the provision for public education of Indiana.
(b) Public libraries provide free library services in order to meet the educational, informational, and recreational interests and needs of the public.
(c) Library services include:
(1) collecting and organizing books and other library materials; and
(2) providing reference, loan, and related services to library patrons.
(d) Library services are provided by public libraries supported by public funds.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-3.]
As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.19.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-9. Classification of Public Libraries

Sec. 9. Public libraries are classified as either:
(1) Class 1 libraries, which comprise:
(A) all public libraries established after March 13, 1947; and
(B) all public libraries established before March 14, 1947, that have filed a resolution of conversion under section 10 of this chapter; or
(2) Class 2 libraries, which comprise all public libraries established before March 14, 1947, that have not filed a resolution of conversion under section 10 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-4.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.29.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-10. Conversion of Class 2 Library to Class 1 Library; Procedure; Appointment of Library Board; Tax Levies

Sec. 10. (a) A Class 2 library may convert to Class 1 status if the Class 2 library board passes the following resolution of conversion:
"__________ Public Library, by action of its library board, resolves to convert to a Class 1 library district subject to IC 36-12-2.".
(b) The resolution of conversion:
(1) must describe the territory included in the library district; and
(2) is irrevocable.
(c) The resolution of conversion must be signed by a majority of library board members. Not later than five (5) days after approving the resolution of conversion, the library board shall file a copy of the resolution of conversion:
(1) in the office of the county recorder in the county where the administrative office of the public library is located; and
(2) with the Indiana state library.
(d) The library board shall give notice of the resolution of conversion to all officials who have appointive powers under IC 36-12-2.
(e) The officials under subsection (d) shall appoint a library board for the public library. Members of the old library board shall continue to serve as library board members until:
(1) a majority of the new library board has been appointed; and
(2) the new appointees have taken an oath of office to serve on the library board.
(f) Upon the:
(1) filing of the resolution of conversion;
(2) appointments under IC 36-12-2; and
(3) oath of office of the new library board under IC 36-12-2-19;
any current tax levies continue under authority granted to the Class 2 library until the next succeeding calendar year, at which time the tax provisions for Class 1 libraries under IC 36-12-3-12 apply.
(g) The obligation of a political subdivision to levy and collect taxes for library purposes remains effective after the conversion.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-5.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-11. Class 2 Libraries; Operation Under Ic 36-12-7; Election to Adopt Other Provisions

Sec. 11. (a) Class 2 libraries shall operate under the applicable provisions of IC 36-12-7.
(b) The library boards of Class 2 libraries may elect to adopt:
(1) IC 36-12-2-22;
(2) IC 36-12-2-24;
(3) IC 36-12-2-25; and
(4) IC 36-12-3.
(c) Class 2 libraries that elect only the sections set forth in subsection (b) retain the status of Class 2 libraries.
(d) The library board of the Class 2 libraries that elect only the sections set forth in subsection (b) shall file with the Indiana state library a copy of the part of the library board's minutes showing passage of the board's resolution to elect:
(1) IC 36-12-2-22;
(2) IC 36-12-2-24;
(3) IC 36-12-2-25; and
(4) IC 36-12-3.
(e) The election of IC 36-12-2-22, IC 36-12-2-24, IC 36-12-2-25, and IC 36-12-3 is irrevocable.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-6.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-12. Policy for Internet or Other Computer Network Use

Sec. 12. (a) This section applies to a board of a public library that allows library patrons to use library software to access the Internet or other computer network.
(b) As used in this section, "computer network" has the meaning set forth in IC 35-43-2-3.
(c) The board of a public library shall adopt a policy concerning the appropriate use of the Internet or other computer network by library patrons in all areas of the library.
(d) The board shall make the policy adopted under subsection (c) readily available to all library patrons.
(e) The board of a public library shall annually review the policy adopted under subsection (c).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-7.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-13. Township Trustees of Certain Counties Paying Cost of Resident's Library Card

Sec. 13. A township trustee of a township that is:
(1) located in a county having a population of more than thirty-five thousand (35,000) and less than thirty-five thousand nine hundred (35,900); and
(2) not served by a public library;
may pay the cost of a library card at the nearest library for a resident of the township upon request of the resident.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-8.]
As added by P.L.1-2005, SEC.49. Amended by P.L.119-2012, SEC.247; P.L.104-2022, SEC.227.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 1. Definitions and General Provisions › 36-12-1-14. Policy for Conducting Criminal History Checks for Public Library Employment or Volunteer Work

Sec. 14. A public library shall adopt a policy, not later than December 31, 2020, regarding conducting criminal history checks for individuals who are more than eighteen (18) years of age and who:
(1) apply to the public library for employment or volunteer work; or
(2) are employed by the public library or perform volunteer work for the public library.
As added by P.L.88-2020, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-1. Application of Chapter

Sec. 1. This chapter applies only to Class 1 public libraries.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2-1.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-2. Municipal Corporation; Taxing Unit

Sec. 2. (a) A Class 1 public library is a municipal corporation, known as __________ Public Library.
(b) In the name of the Class 1 public library under subsection (a), the public library may:
(1) contract and be contracted with; and
(2) sue and be sued in court.
(c) Each public library constitutes an independent taxing unit for purposes of IC 6-1.1-1-21.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2-2.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-3. Corporate Boundaries; Annexation

Sec. 3. (a) The corporate boundaries of the public library must be described in the resolution of establishment, conversion, transfer, or merger filed:
(1) in the office of the county recorder in the county where the administrative office of the public library is located; and
(2) with the Indiana state library.
(b) If the corporate boundaries of a unit and a Class 1 public library are coextensive, territory annexed by the unit becomes part of the library district if the annexed territory is not already part of another library district. Whenever a public library annexes territory under this subsection, the library board shall file a statement describing the annexed territory:
(1) in the office of the county recorder in the county where the administrative office of the public library is located; and
(2) with the Indiana state library.
If the territory annexed by a unit is already a part of another library district, the territory remains a part of the other library district unless the library boards of both public libraries pass a resolution of transfer under section 4 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2-2.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-4. Transfer of Territory; Procedure

Sec. 4. One (1) public library may transfer a part of the territory of the library to another public library according to the following procedure:
(1) The library boards of each public library must pass a resolution of transfer signed by a majority of the entire membership of each library board agreeing to the transfer.
(2) The library boards of each public library must include a description of the transferred territory in the respective resolutions of each public library.
(3) Each of the library boards must file a copy of the resolution of transfer:
(A) in the office of the county recorder in the county where the administrative office of the respective public library is located; and
(B) with the Indiana state library.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2-2.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-6. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2-3.1.]
As added by P.L.1-2005, SEC.49. Repealed by P.L.42-2018, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-7. Library Board Appointee; Residency

Sec. 7. (a) Except as provided in subsection (b), an appointee to a library board must:
(1) reside in the library district during the time the appointee is on the library board; and
(2) have resided in the library district served by the public library for at least the two (2) years immediately preceding the appointee's appointment to the library board.
(b) This subsection does not apply to a public library established by a county. If part or all of one (1) or more townships are contracting for service from a public library under IC 36-12-3-7, the appointing authority, in making an appointment under section 9(4) of this chapter, may name a resident of one (1) township to serve on the library board as the appointment of the appointing authority. However, the township appointee ceases to be a member of the library board if the township in which the appointee resides fails to renew the township's contract for library service.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-2.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-8. Limitation on Terms of Service; Consecutive Terms; Computation; Exception for Certain Library Districts

Sec. 8. (a) Except as provided in subsection (b), an appointee to a library board may not serve more than four (4) consecutive terms on the library board. An unexpired term of two (2) years or less that an individual serves in filling a vacancy on the library board may not be counted in computing consecutive terms for purposes of this subsection. The consecutive terms are computed without regard to a change in the appointing authority that appointed the member. If:
(1) a member's term is interrupted due to the merger of at least two (2) public libraries under IC 36-12-4; and
(2) the member is reappointed to the merged public library board;
the term that was interrupted may not be considered in determining the number of consecutive terms a member may serve on a library board. An appointee who has served four (4) consecutive terms may be reappointed to the board at least four (4) years after the date the appointee's most recent term ended.
(b) This subsection applies to a library board for a library district having a population of less than three thousand (3,000). If an appointing authority conducts a diligent but unsuccessful search for a qualified individual who wishes to be appointed to serve on the library board:
(1) the appointing authority may reappoint a board member who has served four (4) or more consecutive terms; and
(2) state funds may not be withheld from distribution to the library.
The appointing authority shall file with the library board a written description of the search that was conducted under this subsection. The record becomes a part of the official records of the library board.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-3.]
As added by P.L.1-2005, SEC.49. Amended by P.L.113-2010, SEC.158.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-9. Appointments to Library Board; Membership

Sec. 9. Except as provided in section 15 of this chapter and subject to IC 20-23-12.1-3(c) and section 16 of this chapter, seven (7) members of a library board shall be appointed as follows:
(1) One (1) member appointed by the executive of the county in which the library district is located, or if the district is located in more than one (1) county, jointly by the executives of the respective counties.
(2) One (1) member appointed by the fiscal body of the county in which the library district is located, or if the district is located in more than one (1) county, jointly by the fiscal bodies of the respective counties.
(3) Three (3) members appointed by the school board of the school corporation serving the library district. However, if there is more than one (1) school corporation serving the library district:
(A) two (2) members shall be appointed by the school board of the school corporation in which the principal administrative offices of the public library are located; and
(B) one (1) member shall be appointed by a majority vote of the presidents of the school boards of the other school corporations.
(4) One (1) member appointed under section 10(1), 11(b)(1), 12(1), 13(a)(1), 13(b)(1), or 14(1) of this chapter, as applicable.
(5) One (1) member appointed under section 10(2), 11(b)(2), 12(2), 13(a)(2), 13(b)(2), or 14(2) of this chapter, as applicable.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-4.]
As added by P.L.1-2005, SEC.49. Amended by P.L.114-2015, SEC.1; P.L.184-2023, SEC.46.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-10. Library Board Serving District Located in More Than One County; Appointments

Sec. 10. This section applies to the appointment of members to the library board of a public library serving a library district that is located in more than one (1) county and is not entirely located within the boundaries of one (1) municipality. For a public library under this section, the appointments under section 9(4) and 9(5) of this chapter shall be made as follows:
(1) One (1) member appointed jointly by the executive of the respective counties.
(2) One (1) member appointed jointly by the fiscal bodies of the respective counties.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-5.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-11. Library Board Serving District Created in One County; Appointments

Sec. 11. (a) This section applies to the appointment of members to the library board of a public library serving a library district that is located in one (1) county and:
(1) has been established by a county or merged into a county public library;
(2) results from the merger of a public library into a county public library under IC 36-12-4;
(3) is located in part or all of two (2) or more townships and is not entirely located within the boundaries of one (1) municipality; or
(4) is located in part or all of two (2) or more municipalities.
(b) Subject to subsection (c), in a public library described in subsection (a), the appointments under section 9(4) and 9(5) of this chapter shall be made as follows:
(1) One (1) member appointed by the executive of the county in which the library district is located.
(2) One (1) member appointed by the fiscal body of the county in which the library district is located.
(c) This subsection applies to a county containing only two (2) Class 1 public libraries and having a population of more than one hundred thirty thousand (130,000) and less than one hundred thirty-nine thousand (139,000), or more than one hundred seventy thousand (170,000) and less than one hundred seventy-four thousand (174,000). In a public library that is the result of a merger occurring after December 31, 1979, between a public library and a county contractual public library, the appointments under section 9(4) and 9(5) of this chapter shall be made as follows:
(1) One (1) member appointed by the executive of the municipality in which the principal administrative offices of the public library are located.
(2) One (1) member appointed by the legislative body of the municipality in which the principal administrative offices of the public library are located.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-6.]
As added by P.L.1-2005, SEC.49. Amended by P.L.119-2012, SEC.248; P.L.104-2022, SEC.228.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-12. Library Board Serving District Located in Unincorporated Areas of Township; Appointments

Sec. 12. This section applies to the appointment of members to the library board of a public library serving a library district that is entirely located in the unincorporated areas of the township. For a public library under this section, the appointments under section 9(4) and 9(5) of this chapter shall be made as follows:
(1) One (1) member appointed by the executive of the township in which the library district is located.
(2) One (1) member appointed by the legislative body of the township in which the library district is located.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-7.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-13. Library Board Serving District Located in One Township; Expansion of District; Appointments

Sec. 13. (a) Except as provided in subsection (b), this section applies to the appointment of members to the library board of a public library serving a library district that is entirely located in one (1) township and includes part or all of only one (1) municipality. For a public library under this section, the appointments under section 9(4) and 9(5) of this chapter shall be made as follows:
(1) One (1) member appointed by the legislative body of the township in which the library district is located.
(2) One (1) member appointed by the legislative body of the municipality in which the library district is located.
(b) This subsection applies to a public library district that is located in one (1) township and includes part of one (1) municipality. If the library district expands to include two (2) additional townships that are located only within the corporate boundaries of the municipality, the appointments under section 9(4) and 9(5) of this chapter shall be made as follows:
(1) One (1) member appointed by the legislative body of the township:
(A) in which the library district is located; and
(B) that is partially located:
(i) within the corporate boundaries of the municipality; and
(ii) outside the corporate boundaries of the municipality.
(2) One (1) member appointed by the legislative body of the municipality in which the library district is located.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-8.]
As added by P.L.1-2005, SEC.49. Amended by P.L.114-2015, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-14. Library Board Serving District Located in One Municipality; Appointments

Sec. 14. This section applies to the appointment of members to the library board of a public library serving a library district that is entirely located within the boundaries of one (1) municipality. For a public library under this section, the appointments under section 9(4) and 9(5) of this chapter shall be made as follows:
(1) One (1) member appointed by the executive of the municipality in which the library district is located.
(2) One (1) member appointed by the legislative body of the municipality in which the library district is located.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-9.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-15. Library Board Serving District in Certain Counties; Appointments

Sec. 15. (a) This section applies to the library board of a library district:
(1) located in a county having a population of more than seventy-nine thousand (79,000) and less than eighty thousand (80,000); and
(2) containing all or part of the territory of each school corporation in the county.
(b) Notwithstanding section 9 of this chapter, the library board has the following members:
(1) One (1) member appointed by the executive of the county in which the library district is located and who is not a member of the county executive.
(2) One (1) member appointed by the fiscal body of the county in which the library district is located and who is not a member of the county fiscal body.
(3) One (1) member appointed by the legislative body of the most populous city in the library district and who is not a member of the city legislative body.
(4) One (1) member appointed by the school board of each school corporation having territory in the library district and who is not a member of a governing body of a school corporation.
(c) An individual who is appointed under subsection (b) to serve as a member of a library board must, before March 1 of each year, report to the member's appointing authority concerning the work of the library board and finances of the library during the preceding calendar year, including the rate of taxation determined under IC 36-12-3-12.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-9.5.]
As added by P.L.1-2005, SEC.49. Amended by P.L.119-2012, SEC.249; P.L.104-2022, SEC.229.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-16. Library Board Serving District Located Partly or Fully Within Consolidated City Within One County; Appointments

Sec. 16. (a) This section applies to the appointment of members to a library board of a public library serving a library district that is:
(1) partly or fully within the boundaries of a consolidated city; and
(2) fully within the boundaries of one (1) county.
(b) Seven (7) members of a library board shall be appointed in the following order as the terms of previously appointed members expire:
(1) One (1) member appointed by the board of county commissioners of the county in which the library district is located.
(2) One (1) member appointed by the fiscal body of the county in which the library district is located.
(3) One (1) member appointed by the board of county commissioners of the county in which the library district is located.
(4) Two (2) members appointed by the school board of the school corporation in which the principal administrative offices of the public library are located.
(5) One (1) member appointed by the board of county commissioners of the county in which the library district is located.
(6) One (1) member appointed by the fiscal body of the county in which the library district is located.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-10.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-17. Additional Members of County Contractual Library Board; Appointments

Sec. 17. The four (4) additional members of a county contractual library board required by IC 36-12-6-2 shall be appointed as follows:
(1) Two (2) members appointed by the executive of the county in which the county contractual library district is located.
(2) Two (2) members appointed by the county auditor of the county in which the library district is located.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-11.]
As added by P.L.1-2005, SEC.49. Amended by P.L.233-2015, SEC.347.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-18. Term of Library Board Member

Sec. 18. (a) Subject to subsection (b), the term of a library board member is four (4) years. A member may continue to serve on a library board after the member's term expires until the member's successor is qualified under section 19 of this chapter. The term of the member's successor is not extended by the time that has elapsed before the successor's appointment and qualification. If a member is appointed to fill a vacancy on a library board, the member's term is the unexpired term of the member being replaced.
(b) Except for a library board whose membership is established under section 15 of this chapter, for purposes of establishing staggered terms for the members of a library board, the initial members shall serve the following terms:
(1) One (1) year for one (1) member appointed under section 9(1), 9(5), 16(b)(1), 16(b)(2), or 17(1) of this chapter.
(2) Two (2) years for one (1) member appointed under section 9(3)(A), 9(4), 16(b)(3), 16(b)(4), or 17(2) of this chapter.
(3) Three (3) years for one (1) member appointed under section 9(2), 9(3)(A), 16(b)(4), 16(b)(5), or 17(1) of this chapter.
(4) Four (4) years for one (1) member appointed under section 9(3)(B), 16(b)(6), or 17(2) of this chapter.
(c) When an appointing authority appoints members to terms of different length under subsection (b), the appointing authority shall designate which member serves each term.
(d) A member may not serve more than four (4) consecutive terms as provided in section 8 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-12.]
As added by P.L.1-2005, SEC.49. Amended by P.L.113-2010, SEC.159.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-19. Certificate of Appointment; Oath of Office

Sec. 19. (a) An appointing authority under this chapter shall issue to each appointee to a library board a signed certificate of appointment.
(b) Not more than ten (10) days after the receipt of the certificate of appointment, the appointee shall take an oath of office, before an individual authorized by law to administer the oath, to the effect that the appointee will faithfully discharge the appointee's duties to the best of the appointee's ability.
(c) The appointee shall file the certificate of appointment and the endorsed oath with the records of the public library, which shall be preserved as a public record.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-13.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-20. Removal of Member; Vacancy

Sec. 20. (a) A library board member may be removed at any time by the appointing authority, after public hearing, for any cause:
(1) that interferes with the proper discharge of the member's duties as a member of the board; or
(2) that jeopardizes public confidence in the member.
(b) A vacancy occurs whenever a member is absent from six (6) consecutive regular board meetings for any cause other than illness. The appointing authority shall be notified by the secretary of the board of a vacancy.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-14.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 2. Class 1 Public Libraries: Organization and Board Members › 36-12-2-21. Compensation

Sec. 21. A member of a library board shall serve without compensation. A board member may not serve as a paid employee of the public library, except the treasurer as provided in section 22 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-15.]
As added by P.L.1-2005, SEC.49.