§ 36-12-5-6 — Expansion proposal; filing; notice; petition or remonstrance; procedure; duties of circuit court clerk; acceptance or rejection of expansion; resolution for expanded district

Indiana § 36-12-5-6

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 12: LIBRARIES
• Ch. 5: Expansion of Class 1 Public Libraries

Text

(a) The library board of a public library may
file with the legislative body of a county an expansion proposal and a
notice of intent to file a petition for acceptance of the expansion
proposal. The proposal must include the information described in
section 5 of this chapter. Not later than ten (10) days after the filing, the
county auditor 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 a township or part
of a 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 a remonstrance under subsection (b) must be filed
with the clerk of the circuit court in the county where the townships are
located. A petition for acceptance of the expansion proposal must be
signed by at least twenty percent (20%) of the registered voters of the
townships or parts of townships 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 subsection (c):
(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 names of the
townships or parts of townships 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
names of the townships or parts of townships 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. 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
townships or parts of townships are 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 from a petition or remonstrance the name of an
individual who personally, in the clerk's office, makes a written
and signed request for the clerk to strike the individual's name.
(C) Certify the number of signatures on the petition and
remonstrance, if any, that:
(i) are not duplicates; and
(ii) represent individuals who are registered voters on the day
the individuals signed the petition or remonstrance.
(D) Establish a record of 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 county legislative
body.
The clerk of the circuit court may strike an individual's name from a
petition or a remonstrance only 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 county 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 county 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 county
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 county 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: 20-14-5.1-3.]

Legislative History

As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.30; P.L.13-2013, SEC.157; P.L.42-2018, SEC.39.