(a)The library board of a public library may
file with the township trustee and legislative body an expansion
proposal and a notice of intent to file a petition for acceptance of the
expansion proposal. The expansion proposal must include the
information described in section 2 of this chapter. Not later than ten
(10)days after the filing, the township trustee shall publish notice of
the expansion proposal in the manner provided in IC 5-3-1.
(b)Beginning the first day after the notice is published, and during
the period that ends sixty (60) days after the date of the publication of
the notice, an individual who is a registered voter of the township or
part of the township into which the public library seeks to expand may
sign one (1) or both of the following:
(1)A petition in support of
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(a) The library board of a public library may
file with the township trustee and legislative body an expansion
proposal and a notice of intent to file a petition for acceptance of the
expansion proposal. The expansion proposal must include the
information described in section 2 of this chapter. Not later than ten
(10) days after the filing, the township trustee shall publish notice of
the expansion proposal in the manner provided in IC 5-3-1.
(b) Beginning the first day after the notice is published, and during
the period that ends sixty (60) days after the date of the publication of
the notice, an individual who is a registered voter of the township or
part of the township into which the public library seeks to expand may
sign one (1) or both of the following:
(1) A petition in support of the expansion proposal.
(2) A remonstrance in opposition to the expansion proposal.
(c) A petition or remonstrance under subsection (b) must be filed
with the clerk of the circuit court in the county where the township is
located. A petition for acceptance of the expansion proposal must be
signed by at least twenty percent (20%) of the registered voters of the
township or part of the township into which the public library seeks to
expand, as determined by the most recent general election.
(d) The following apply to a petition or remonstrance that is filed
under this section:
(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 EXPANSION OF THE (insert name of library
district), WHICH SEEKS TO INCLUDE (insert name of the
township or part of the township into which the library seeks to
expand) IN ITS SERVICE DISTRICT.".
(D) On each page of a remonstrance on which signatures are
affixed, language substantially similar to the following:
"REMONSTRANCE AGAINST THE (insert name of library
district) EXPANSION, WHICH SEEKS TO INCLUDE (insert
name of the township or part of the township into which the
library seeks to expand) IN ITS SERVICE DISTRICT.".
(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 described in
subdivision (2). A signer may file the petition or remonstrance, or
a copy of the 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 in which the
township 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 must 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 and on any
remonstrance that:
(i) are not duplicates; and
(ii) represent individuals who are registered voters in the
township or the part of the township on the day the
individuals signed the petition or remonstrance.
(D) Establish a record of the certification in the clerk's office
and file the original petition, the original remonstrance, if any,
and a copy of the clerk's certification with the township
legislative body.
The clerk of the circuit court may only strike an individual's name
from a petition or a remonstrance as set forth in clauses (A) and
(B).
(e) Not later than forty (40) days after the certification of a petition
or remonstrance under subsection (d)(4), the township legislative body
shall compare the petition and remonstrance, if any. If a remonstrance
has not been filed or a greater number of voters have signed the
petition than have signed the remonstrance, the township legislative
body shall agree to the expansion by written resolution.
(f) Not later than ten (10) days after the written resolution
establishing an expanded library district is adopted, the township
legislative body shall submit a copy of the resolution for filing:
(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.
The expansion is effective as of the date the written resolution is filed.
(g) If the number of registered voters who have signed a
remonstrance against the establishment of an expanded library district
is equal to or greater than the number who have signed the petition in
support of the expansion, the township legislative body shall dismiss
the petition. Another petition to establish the expanded library district
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: 20-14-5-3.]