reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 7. Class 2 Public Libraries › 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-7-3.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 7. Class 2 Public Libraries › 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-7-4.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 7. Class 2 Public Libraries › 36-12-7-9. Dissolution

Sec. 9. (a) Unless otherwise provided in the public library's charter, 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. Amended by P.L.42-2018, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 7. Class 2 Public Libraries › 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.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 7. Class 2 Public Libraries › 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.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 7. Class 2 Public Libraries › 36-12-7-12. Severance Pay

Sec. 12. (a) A library board may provide severance pay to a library employee who is involuntarily separated from employment with the library.
(b) A library board may provide severance pay to a library employee who is voluntarily separated from employment with the library if the library board makes the following findings in a public meeting:
(1) The library is subject to financial difficulties and revenue shortfall.
(2) The library:
(A) will not hire an individual to perform the duties of the employee separating from employment at the same or comparable compensation and benefits for at least one (1) year after the date the employee separates from employment with the library;
(B) will hire a permanent or temporary employee for less compensation and benefits to perform the duties of the employee separating from employment; or
(C) will satisfy both the conditions in clauses (A) and (B).
(3) The library will pay the separating employee a stated amount of severance pay.
(4) The library will reduce its expenditures by:
(A) paying the severance pay stated under subdivision (3) to the employee separating from employment; and
(B) fulfilling one (1) or more of the conditions set forth in subdivision (2).
As added by P.L.63-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 7. Class 2 Public Libraries › 36-12-7-13. Funds for Membership in Certain Associations; Authority to Appropriate

Sec. 13. A library board may appropriate funds necessary to provide membership of:
(1) the public library; and
(2) library employees;
in local, state, and national associations of a civic, an educational, a professional, or a governmental nature that have as their purpose the betterment and improvement of library operations.
As added by P.L.63-2011, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 8. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:
36-12-8-1formerly 20-14-8-136-12-8-2formerly 20-14-8-236-12-8-3formerly 20-14-8-236-12-8-4formerly 20-14-8-136-12-8-5formerly 20-14-8-236-12-8-6formerly 20-14-8-336-12-8-7formerly 20-14-8-436-12-8-8formerly 20-14-8-536-12-8-9formerly 20-14-8-636-12-8-10formerly 20-14-8-736-12-8-11formerly 20-14-8-836-12-8-12formerly 20-14-8-936-12-8-13formerly 20-14-8-1036-12-8-14formerly 20-14-8-1136-12-8-15formerly 20-14-8-12.]
Repealed by P.L.84-2012, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 9. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:
36-12-9-1formerly 20-14-9-136-12-9-2formerly 20-14-9-236-12-9-3formerly 20-14-9-336-12-9-4formerly 20-14-9-436-12-9-5formerly 20-14-9-536-12-9-6formerly 20-14-9-636-12-9-7formerly 20-14-9-736-12-9-8formerly 20-14-9-836-12-9-9formerly 20-14-9-936-12-9-10formerly 20-14-9-1036-12-9-11formerly 20-14-9-1136-12-9-12formerly 20-14-9-1236-12-9-13formerly 20-14-9-1336-12-9-14formerly 20-14-9-1436-12-9-15formerly 20-14-9-15.]
Repealed by P.L.84-2012, SEC.34.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-1. Application of Chapter

Sec. 1. This chapter applies to a municipal corporation that operates and maintains library facilities.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-1.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.48.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-2. Power to Lease Library Buildings; Conditions; Joint Lease Contracts

Sec. 2. (a) A municipal corporation may lease a building or buildings to use as a library under the following conditions:
(1) A lease may not be entered into for a period of more than forty (40) years.
(2) Before a lease is entered into, there must first be filed with the governing authority of the municipal corporation a petition signed by fifty (50) or more resident taxpayers of the municipal corporation.
(3) After investigation, the governing authority must determine that a need exists for the library building or buildings.
(4) The governing authority must determine that the municipal corporation cannot provide the necessary funds to pay the cost or the municipal corporation's proportionate share of the cost of the library building or buildings required to meet the present needs.
(b) If two (2) or more municipal corporations propose to enter into a lease jointly, joint meetings of the governing authority of the corporations may be held. Action taken is binding on a municipal corporation only if the action is approved by the municipal corporation's governing authority. A lease executed by two (2) or more municipal corporations as joint lessees must set out the amount of the total lease rental agreed upon to be paid by each. A lessee is entitled to occupancy only if the total rental is paid as stipulated in the lease. All rights of joint lessees under the lease must be proportionate to the amount of lease rental paid by each.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-2.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-3. Authorized Purposes of Leases; Limitations on Profit; Disposition of Excess Funds

Sec. 3. (a) A municipal corporation may enter into a lease under this chapter only with a nonprofit corporation organized under Indiana law for the sole purpose of:
(1) acquiring real property;
(2) building, improving, constructing, or renovating a suitable library building or buildings, including the necessary equipment and appurtenances;
(3) leasing the library facilities to the municipal corporation or corporations; and
(4) collecting the rentals and applying the proceeds from the rentals in the manner provided in this chapter.
(b) The lessor corporation shall act entirely without profit to the corporation and the corporation's officers, directors, and members but is entitled to the return of capital actually invested, which includes:
(1) incorporation and organization expenses;
(2) financing costs;
(3) carrying charges;
(4) legal, contractors', and architects' fees; and
(5) any other capital cost.
The lessor corporation is also entitled to sums sufficient to pay interest on outstanding securities or loans, and the cost of maintaining the corporation's existence and keeping the corporation's property free of encumbrance.
(c) Upon receipt of any amount of lease rental by the lessor corporation above the amount necessary to meet incidental corporate expenses and to pay interest on corporate securities or loans, the excess funds shall be applied to the redemption and cancellation of the corporation's outstanding securities or loans as soon as this may be done.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-3.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-4. Provisions of Lease

Sec. 4. (a) All contracts of lease must provide that:
(1) the municipal corporation or corporations have an option to renew the lease for a further term, with like conditions; or
(2) the property covered by the lease may be purchased after six (6) years from the execution of the lease and before the expiration of the term of the lease, on the date or dates in each year that are fixed, at a price equal to the amount required to enable the lessor corporation owning the site to:
(A) liquidate by paying all indebtedness, with accrued and unpaid interest; and
(B) recover the expenses and charges of liquidation.
(b) However, the purchase price prescribed by subsection (a)(2) may not exceed the capital actually invested in the property by the lessor corporation represented by outstanding securities or indebtedness plus the cost of transferring the property and liquidating the lessor corporation.
(c) A lease may not provide that any municipal corporation is under an obligation to purchase the leased library facilities or under an obligation in respect to the creditors, members, or other security holders of the lessor corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-4.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.51.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-5. Submission of Plans and Specifications to Certain State Agencies; Approval

Sec. 5. (a) The lessor corporation proposing to provide a library building or buildings, including necessary equipment and appurtenances, shall submit to the lessee or lessees, before the execution of a lease, preliminary plans, specifications, and estimates for the building or buildings.
(b) The final plans and specifications shall be submitted to the Indiana department of health, state fire marshal, and any other agencies that are designated by law to pass on plans and specifications for library buildings. The final plans and specifications must be approved by these agencies and the lessee or lessees in writing before the construction of the building or buildings.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-5.]
As added by P.L.1-2005, SEC.49. Amended by P.L.56-2023, SEC.345.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-6. Authorized Provisions of Lease; Payment of Taxes, Insurance, and Repairs

Sec. 6. The lease may provide that, as a part of the lease rental for the library building or buildings, the lessee or lessees shall agree to:
(1) pay all taxes and assessments levied against or on account of the leased property;
(2) maintain insurance on the property for the benefit of the lessor corporation; and
(3) assume all responsibilities for repair and alterations with regard to the building or buildings during the term of the lease.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-6.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-7. Leases in Anticipation of Completion of Building; Bond

Sec. 7. (a) The municipal corporation or corporations may, in anticipation of the acquisition of real property and any necessary construction of a library building or buildings, including the necessary equipment and appurtenances, enter into a lease with the lessor corporation before actual acquisition of real property and any construction of the building or buildings. However, the lease may not provide for the payment of lease rental by the lessee or lessees until the building or buildings are complete and ready for occupancy, at which time the stipulated lease rental payments may begin.
(b) The contractor must be required under the lease to furnish to the lessor corporation a bond satisfactory to the corporation conditioned upon the final completion of the building or buildings within a period that may be provided in the contract.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-7.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.52.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-8. Notice and Hearing on Terms and Conditions of Proposed Lease

Sec. 8. (a) When the lessor corporation and the municipal corporation or corporations have agreed upon the terms and conditions of a lease proposed to be entered into under this chapter and before the final execution of the lease, notice of a hearing shall be given by publication to all interested persons. The hearing shall be held before the governing authority, on a day not earlier than ten (10) days after the publication of the notice.
(b) The notice of the hearing shall be published one (1) time in a newspaper of general circulation in the district of the municipal corporation or in each municipal corporation district if the proposed lease is a joint lease. If a newspaper is not published in the district, the notice shall be published in any newspaper of general circulation published in the county. The notice must name the date, place, and time of the hearing and set forth a brief summary of the principal terms of the lease agreed upon, including:
(1) the location;
(2) the name of the proposed lessor corporation and character of the property to be leased;
(3) the rental to be paid; and
(4) the number of years the contract is to be in effect.
The proposed lease, drawings, plans, specifications, and estimates for the library building or buildings must be available for inspection by the public during the ten (10) day period under subsection (a) and at the meeting. All interested persons are entitled to be heard at the hearing regarding the necessity for the execution of the lease, and whether the rental provided for in the lease to be paid to the lessor corporation is a fair and reasonable rental for the proposed building or buildings. The hearing may be adjourned to a later date or dates, and following the hearing, the governing authority may either authorize the execution of the lease as originally agreed upon or may make modifications that have been agreed upon by the lessor corporation. The lease rentals as set out in the published notice may not be increased. The cost of the publication of the notice shall be paid by the lessor corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-8.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.53.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-10. Applicability; Title to Real Property; Sale; Procedure

Sec. 10. (a) This section applies only to a sale of real property:
(1) under this chapter; and
(2) by a municipal corporation that operates and maintains library facilities.
(b) This section and not:
(1) IC 36-1-11; or
(2) any other statute;
applies to a sale of real property under this chapter.
(c) The lessor corporation shall hold in fee simple the real property on which the library building or buildings exists or will be constructed.
(d) A municipal corporation or corporations proposing to lease the library building or buildings, either alone or jointly with another municipal corporation that owns the property, may sell the property to the lessor corporation in fee simple.
(e) Before a sale under this section may take place, the governing authority of the municipal corporation shall file a petition with the circuit court of the county in which the municipal corporation is located. The petition must request the appointment of two (2) disinterested appraisers who are:
(1) professionally engaged in making appraisals; and
(2) licensed under IC 25-34.1;
to determine the fair market value of the real property. The two (2) appraisers shall fix the fair market value of the real property and report this amount to the circuit court not later than two (2) weeks from the date of their appointment. The municipal corporation may then sell the real property to the lessor corporation for an amount not less than the amount fixed as the fair market value by the appraisers. If each appraiser determines a different fair market value of the real property, the municipal corporation may sell the real property to the lessor corporation for an amount that is not less than the amount of the lower of the two (2) appraisals. The amount shall be paid in cash upon delivery of the deed by the municipal corporation to the lessor corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-10.]
As added by P.L.1-2005, SEC.49. Amended by P.L.113-2006, SEC.24; P.L.42-2018, SEC.55.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-11. Authority of Lessor Corporation to Issue Stocks, Bonds, and Other Securities; Sale Procedure

Sec. 11. (a) A corporation qualifying as a lessor corporation under this chapter may, in furtherance of the corporation's purposes, issue and sell bonds and other securities. Mortgage bonds issued by a lessor corporation that are a first lien on the leased property are legal and proper investments for state banks and trust companies, insurance companies, and fiduciaries. The bonds may be callable, with or without premiums, with accrued and unpaid interest upon notice provided in the mortgage indenture.
(b) All bonds and other securities issued by the lessor corporation must be advertised and sold in accordance with IC 5-1-11 at any interest rate.
(c) The approval of the securities division of the secretary of state is not required in connection with the issuance and sale of bonds or other securities of a municipal corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-11.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.56.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-12. General Obligation Bonds

Sec. 12. A municipal corporation may issue the corporation's general obligation bonds to procure funds to pay the cost of acquisition of real property. The bonds must be authorized, issued, and sold in accordance with IC 6-1.1-20.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-12.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.57.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-13. Tax Levy to Pay Lease Rentals

Sec. 13. A municipal corporation that executes a lease under this chapter shall annually levy a special tax, in addition to other taxes authorized by law, sufficient to produce each year the necessary funds with which to pay the lease rental stipulated to be paid by the municipal corporation under the lease. A levy under this section shall be reviewed in accordance with IC 6-1.1-17. The first tax levy shall be made at the first annual tax levy period following the date of the execution of the lease. The first annual levy must be sufficient to pay the estimated amount of the first annual lease rental payment to be made under the lease.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-13.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.58.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 10. Leasing of Library Property › 36-12-10-14. Tax Exemptions

Sec. 14. All property owned by a lessor corporation contracting with a municipal corporation or corporations under this chapter and all stock and other securities, including the interest or dividends issued by a lessor corporation, are exempt from all state, county, and other taxes, excluding the financial institutions tax and the inheritance taxes.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-14.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.59.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-1. Application of Chapter

Sec. 1. This chapter applies to both Class 1 and Class 2 libraries.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-1.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-2. "Board"

Sec. 2. As used in this chapter, "board" refers to the Indiana library and historical board established by IC 4-23-7-2.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-1.1.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-3. "Director"

Sec. 3. As used in this chapter, "director" refers to the director of the Indiana state library appointed under IC 4-23-7.1-37.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-1.2.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-4. "Practitioner"

Sec. 4. As used in this chapter, "practitioner" means an individual certified under this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-1.3.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-5. Powers and Duties of Board

Sec. 5. The board shall do the following:
(1) Prescribe and define grades of public library service and prescribe the qualifications that individuals must possess who are employed in each of the grades of public library service, giving due consideration to the population served and the income and salary schedule of each library.
(2) Make available the requirements for certification of all grades upon request and without charge to all prospective applicants.
(3) Issue certificates to candidates who apply for certificates and who, by reason of their academic or technical training and experience, are found to be suitable individuals to certify.
(4) Prescribe and define the qualifications of a library director, a head of a department or branch, or a professional assistant of a public library.
(5) Adopt rules under IC 4-22-2 that the board determines are necessary to administer this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-3.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-6. Certification Requirements

Sec. 6. All library directors, library department or branch heads, and professional assistants, except those who are employed at school libraries, libraries of educational institutions, or other libraries as designated by the board, must hold a certificate under section 7 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-4.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.60.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-7. Public Library Service; Application for Certification

Sec. 7. (a) An individual who:
(1) desires to be certified as a librarian in a designated division, grade, or type of public library service; and
(2) possesses the qualifications prescribed in the rules of the board as essential to enable an individual to apply for a certificate;
may apply to the board for a certificate in any grade or grades of public library service.
(b) The application must be:
(1) made on a form prescribed and supplied by the board; and
(2) accompanied by the fee set by the board under section 11 of this chapter.
(c) If the application is found to be satisfactory, the applicant is entitled to a certificate in the grade or grades of public library service for which the applicant applied.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-7.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-8. Private or School Library Service; Application for Certification

Sec. 8. (a) An individual who is actively engaged or expects to engage actively in:
(1) a grade or class of private library service; or
(2) the library service of a school or another educational institution;
whether the individual is or expects to be a library director, or the head of a department or branch of a private library or of the library of a school or an educational institution, may apply for a certificate of a grade or class.
(b) If an individual is found to be competent and qualified, the individual shall be granted the certificate applied for in the same manner and subject to the same conditions as are provided for the certification of librarians in public libraries under section 7 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-8.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-9. Reciprocity With Other States

Sec. 9. To prevent unjust and arbitrary exclusions by other states of certified librarians who have complied with the requirements of Indiana law, the board may adopt rules necessary for the reciprocal recognition of certificates for librarians issued by other states whose qualifications for library service are at least as high as the qualifications in Indiana. To effect this section, the board shall consider the recommendations of the American Library Association.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-9.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-10. Library Certification Account

Sec. 10. All fees collected under this chapter constitute a separate account of the state general fund, known as the library certification account, which shall be used to defray expenses incurred in the administration of this chapter. The balance in this account at the end of any fiscal year does not revert to the state general fund but is carried forward and available for the succeeding fiscal year.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-10.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-11. Fees

Sec. 11. (a) The board shall adopt rules under IC 4-22-2 to set fees to be paid by an individual who applies for certification under section 7 of this chapter. If the board has not set a fee by rule for a particular type of application, the fee is one dollar ($1).
(b) Payment of fees set under this section may be made by any of the following:
(1) Cash.
(2) A draft.
(3) A money order.
(4) A cashier's check.
(5) A certified check.
(6) A personal check.
If an individual pays a fee with an uncertified personal check and the check does not clear the bank, the board may void the certificate for which the check was received.
(c) Unless specified by the rules of the board, a fee is not refundable or transferable.
(d) Fees shall be paid to the library certification account established under section 10 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-11.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-14. Complaints; Form; Filing

Sec. 14. All complaints concerning a practitioner must be written, signed by the complainant, and initially filed with the director. Except for an employee of the attorney general's office acting in an official capacity, a complaint may be filed by any individual, including a member of the board.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-14.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-15. Director; Duties and Powers; Complaints

Sec. 15. The director has the following duties and powers:
(1) The director may investigate any written complaint against a practitioner. The director shall limit the investigation to aspects of the practitioner's activities that appear to violate this chapter or rules adopted under this chapter.
(2) The director shall notify the practitioner of the:
(A) nature and ramifications of the complaint; and
(B) duty of the director to investigate and attempt to resolve the complaint through negotiation.
(3) The director may:
(A) subpoena witnesses; or
(B) send for and compel the production of books, records, papers, and documents;
in relation to an investigation under this chapter. The circuit or superior court located in the county where a subpoena is to be issued shall enforce the subpoena.
(4) If, after investigating, the director determines the complaint has merit, the director shall notify the complainant, practitioner, and the board. The director has forty-five (45) days to attempt to resolve the complaint through negotiation.
(5) If, after investigating, the director determines the complaint has no merit, the director shall notify the complainant, practitioner, and the board that the complaint has been dismissed.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-15.]
As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.37.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-16. Complaints; Resolution; Dismissal; Board Determination

Sec. 16. (a) If the director is unable to satisfactorily resolve a complaint that the director has determined to have merit under section 15 of this chapter, the director shall notify the board, which shall take jurisdiction of the complaint.
(b) If a complaint is dismissed by the director under section 15 of this chapter, the complainant may file a written appeal with the board within thirty (30) days after the date of dismissal. The board shall then take jurisdiction of the complaint.
(c) During the forty-five (45) days after the board receives notification or appeal under subsection (a) or (b), the director shall not conduct an investigation or take any action, unless requested by the board. When the forty-five (45) day period has elapsed, the board shall make the determination whether:
(1) the complaint should be:
(A) dismissed;
(B) prosecuted; or
(C) investigated further; or
(2) a resolution to the complaint should be negotiated.
If the board determines that further investigation or negotiation is warranted, the board may, at a later date, prosecute or dismiss the complaint.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-16.]
As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.38.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-20. Attorney General; Investigation and Prosecution

Sec. 20. If the board requests, the attorney general shall investigate and prosecute the matter before the board on behalf of the state.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-20.]
As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.42.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-21. Disciplinary Proceedings; Ultimate Authority

Sec. 21. (a) IC 4-21.5 applies to proceedings to discipline a practitioner under this chapter.
(b) The board is the ultimate authority under IC 4-21.5.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-21.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-22. Confidentiality of Complaint; Disclosure of Information

Sec. 22. (a) A complaint and information pertaining to the complaint are confidential until the attorney general files notice with the board of intent to prosecute the practitioner.
(b) Unless required to do so under law or in furtherance of an investigation, an individual employed by the office of the attorney general, the board, or the director may not disclose or further the disclosure of information concerning a complaint.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-22.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-23. Disciplinary Actions; Conditions

Sec. 23. A practitioner may be disciplined under section 26 of this chapter if after a hearing the board finds any of the following:
(1) The practitioner has:
(A) employed or knowingly cooperated in fraud or material deception in order to obtain a certificate issued under this chapter;
(B) engaged in fraud or material deception in the course of professional services or activities; or
(C) advertised services in a false or misleading manner.
(2) The practitioner has been convicted of a crime that has a direct bearing on the practitioner's ability to practice competently.
(3) The practitioner has knowingly violated a rule adopted by the board.
(4) The practitioner has continued to practice although the practitioner has become unfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory or practice;
(C) physical or mental disability; or
(D) addiction or severe dependency upon alcohol or other drugs that endangers the public by impairing a practitioner's ability to practice safely.
(5) The practitioner has engaged in a course of lewd or immoral conduct in connection with the practitioner's practice.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-23.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-24. Physical and Mental Examination

Sec. 24. The board may order a practitioner to submit to a reasonable physical or mental examination if the practitioner's physical or mental capacity to practice safely is at issue in a disciplinary proceeding.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-24.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-25. Failure to Comply With Order to Submit to Physical or Mental Examination; Suspension

Sec. 25. Failure of a practitioner to comply with a board order to submit to a physical or mental examination renders the practitioner liable to the summary suspension procedures under section 27 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-25.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-26. Sanctions

Sec. 26. The board may impose any of the following sanctions, singly or in combination, if the board finds a practitioner has committed an offense under section 23 of this chapter:
(1) Permanently revoke the practitioner's certificate.
(2) Suspend the practitioner's certificate.
(3) Censure the practitioner.
(4) Issue a letter of reprimand.
(5) Place the practitioner on probation status and require the practitioner to:
(A) report regularly to the board upon the matters that are the basis of the probation;
(B) limit practice to those areas prescribed by the board; or
(C) continue or renew professional education under a practitioner approved by the board until a satisfactory degree of skill has been attained in those areas that are the basis of the probation.
The board may withdraw the probation if the board finds that the deficiency that required disciplinary action has been remedied.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-26.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-27. Suspension of Certificate; Renewal

Sec. 27. The board may summarily suspend a practitioner's certificate for ninety (90) days in advance of final adjudication or during the appeals process if the board finds that the practitioner represents a clear and immediate danger to the public health and safety if the practitioner is allowed to continue to practice. The summary suspension may be renewed upon a hearing before the board, and each renewal may be for ninety (90) days or less.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-27.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-28. Reinstatement of Certificate

Sec. 28. The board may reinstate a certificate that has been suspended under this chapter if after a hearing the board is satisfied that the applicant is able to practice with reasonable skill and safety. As a condition of reinstatement, the board may impose disciplinary or corrective measures authorized under this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-28.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 11. Library Certification Board › 36-12-11-29. Consistency in Application of Sanctions; Reliance on Precedent

Sec. 29. The board shall seek to achieve consistency in the application of sanctions authorized in this chapter, and significant departures from prior decisions involving similar conduct shall be explained in the board's findings or orders.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-29.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 12. Library Capital Projects Fund › 36-12-12-0.2. Application of Prior Statute

Sec. 0.2. The addition of IC 20-14-13 (before its repeal, now codified in this chapter) by P.L.343-1989(ss) applies to property taxes first due and payable after December 31, 1989.
As added by P.L.220-2011, SEC.688.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 12. Library Capital Projects Fund › 36-12-12-1. "Emergency"

Sec. 1. As used in this chapter, "emergency" means:
(1) when used with respect to repair or replacement, a fire, flood, windstorm, mechanical failure of any part of a structure, or other unforeseeable circumstance; and
(2) when used with respect to site acquisition, the unforeseeable availability of real property for purchase.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-13-1.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 12. Library Capital Projects Fund › 36-12-12-2. Capital Projects Fund

Sec. 2. (a) A library district may establish a capital projects fund.
(b) With respect to a facility used or to be used by the library district, the fund may be used to pay for the following:
(1) Planned construction, repair, replacement, or remodeling.
(2) Site acquisition.
(3) Site development.
(4) Repair, replacement, or site acquisition that is necessitated by an emergency.
(c) Money in the fund may be used to pay for the purchase, lease, or repair of equipment to be used by the library district.
(d) The fund may be used to pay for the purchase, lease, upgrading, maintenance, or repair of computer hardware or software.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-13-4.]
As added by P.L.1-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 12. Libraries › Chapter 12. Library Capital Projects Fund › 36-12-12-3. Plan of Revenues and Expenditures; Hearing; Notice

Sec. 3. (a) Before a library board may collect property taxes for a capital projects fund in a particular year, the library board must, after January 1 and before May 15 of the immediately preceding year, hold a public hearing on a proposed plan, pass a resolution to adopt a plan, and submit the plan for approval or rejection by the fiscal body designated in section 4 of this chapter.
(b) The department of local government finance shall prescribe the format of the plan. A plan must apply to at least the three (3) years immediately following the year the plan is adopted. A plan must estimate for each year to which the plan applies the nature and amount of proposed expenditures from the capital projects fund. A plan must estimate:
(1) the source of all revenue to be dedicated to the proposed expenditures in the upcoming budget year; and
(2) the amount of property taxes to be collected in that year and retained in the fund for expenditures proposed for a later year.
(c) If a hearing is scheduled under subsection (a), the governing body shall publish the proposed plan and a notice of the hearing in accordance with IC 5-3-1-2(b).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-13-5.]
As added by P.L.1-2005, SEC.49.