Section 36-12-2-5 - Establishment of library; authorization; petition or remonstrance; procedure; affidavit; duties of clerk of circuit court(a) The legislative body of a municipality, township, county, or part of a county, any of which is not already taxed for public library purposes, that has: (1) a population of at least ten thousand (10,000); or(2) an assessed valuation that is at least as high as the median of the most recent certified assessed valuation of the ten (10) library taxing districts closest in population to ten thousand (10,000); may establish a public library for the residents of the municipality, township, county, or part of the county.
(b) The establishment of a public library may occur either by:(1) the legislative body passing a written resolution; or(2) the petition and remonstrance process; as provided in this chapter. A petition filed with the legislative body must be signed by at least twenty percent (20%) of the registered voters of the municipality, township, county, or part of a county, as determined by the last preceding general election.
(c) Not later than ten (10) days after a petition is filed under subsection (b), the legislative body shall: (1) give notice of the filing of the petition in two (2) newspapers of general circulation in the county, one (1) of which is published in the municipality where the library is to be located, if a newspaper is published in the municipality; and(2) file the original petition with the circuit court clerk.(d) Not later than ten (10) days after the publication of the petition under subsection (c), a registered voter in the municipality, township, county, or part of a county where the public library is proposed to be established may file with the respective municipality, township, or county a remonstrance that: (1) is signed by registered voters in the municipality, township, county, or part of the county where the public library is proposed to be established; and(2) states that the registered voters who have signed the remonstrance are opposed to the establishment of the public library.(e) The following apply to a petition that is filed under subsection (b) or a remonstrance that is filed under subsection (d): (1) The petition or remonstrance must show the following:(A) The date on which each individual signed the petition or remonstrance.(B) The residence of each individual on the date the individual signed the petition or remonstrance.(C) On each page of a petition on which signatures are affixed, language substantially similar to the following: "PETITION IN SUPPORT OF A PUBLIC LIBRARY IN (insert municipality, township, county, or part of a county where the public library is proposed to be established).".(D) On each page of a remonstrance on which signatures are affixed, language substantially similar to the following: "REMONSTRANCE AGAINST A PUBLIC LIBRARY IN (insert municipality, township, county, or part of a county where the public library is proposed to be established).".(2) The petition or remonstrance must include an affidavit of the individual circulating the petition or remonstrance stating that each signature on the petition or remonstrance: (A) was affixed in the individual's presence; and(B) is the true signature of the individual who signed the petition or remonstrance.(3) Several copies of the petition or remonstrance may be executed. The total of the copies constitute a petition or remonstrance. A copy must include an affidavit as described in subdivision (2). A signer may file a petition or remonstrance, or a copy of a petition or remonstrance. All copies constituting a petition or remonstrance must be filed on the same day.(4) Not later than fifteen (15) days after a petition or remonstrance is filed, the clerk of the circuit court in the county where the municipality, township, county, or part of a county where the public library that is proposed to be established is located shall do the following:(A) If a name appears more than one (1) time on a petition or on a remonstrance, the clerk shall strike any duplicates of the name until the name appears only one (1) time on a petition or a remonstrance, or both, if the individual signed both a petition and a remonstrance.(B) Strike the name from either the petition or the remonstrance of an individual who:(i) signed both the petition and the remonstrance; and(ii) personally, in the clerk's office, submits a voluntary written and signed request for the clerk to strike the individual's name from the petition or the remonstrance.(C) Certify the number of signatures on the petition or remonstrance that: (i) are not duplicates; and(ii) represent individuals who are registered voters in the municipality, township, county, or part of a county where the public library is proposed to be established, on the day the individuals signed the petition or remonstrance.(D) Establish a record of the clerk's certification in the clerk's office and file: (i) the original petition;(ii) the original remonstrance, if any; and(iii) a copy of the clerk's certification; with the legislative body of the municipality, township, or county.
The clerk of the circuit court may only strike an individual's name from a petition or remonstrance as set forth in clauses (A) and (B).
(f) Not later than forty (40) days after a petition or remonstrance is certified by the clerk of the circuit court under subsection (e), the legislative body shall compare the petition and remonstrance, if any. If:(1) a remonstrance has not been filed; or(2) a greater number of voters have signed the petition than have signed the remonstrance against the establishment of the public library; the legislative body shall establish the public library by written resolution. The library district boundaries must be coextensive with the boundaries of the unit or part of a county, whichever is applicable.
(g) The establishment of the public library is effective as of the date the written resolution is passed. The legislative body shall file a copy of the resolution not later than five (5) days after the resolution is passed: (1) with the county recorder in the county where the administrative office of the public library is located; and(2) with the Indiana state library.(h) The legislative body shall give notice to the officials who have the power to appoint members of the library board for the new public library under section 9 of this chapter. The officials shall appoint the library board for the new public library under section 9 of this chapter as soon as possible after the officials are notified.(i) When the number of registered voters who have signed a remonstrance against the establishment of the public library is equal to or greater than the number who have signed the petition in favor of the establishment of the public library, the legislative body shall dismiss the petition. Another petition to establish a public library may not be initiated until one (1) year after the date the legislative body dismissed the latest unsuccessful petition.Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2-3.
Amended by P.L. 42-2018,SEC. 30, eff. 7/1/2018.As added by P.L. 1-2005, SEC.49.