§ 36-12-7-7 — Board of 1899 township library; appointment of members; powers and duties; tax levy; free use

(a) The library board of a library established as
an 1899 township library consists of the school township trustee in the
township where the library is located and two (2) residents of the
township who are appointed by the board of commissioners of the
county where the library is located. Appointments are for a term of four
(4) years. Members of the library board serve without compensation.
(b) The library board:
(1) shall control the purchase of books and the management of the
library;
(2) shall possess and retain custody of any books remaining in the
old township library in the township where the library is located;
(3) may receive donations, bequests, and legacies on behalf of the
library; and
(4) may receive copies of all documents of the state available for
distribution from the director of the state library.
(c) The 1899 township library is the property of the township. The
township trustee is responsible for the safe preservation of the township
library.
(d) Two (2) or more adjacent townships may unite to maintain a
township library. The library is controlled by either:
(1) a combined library board, which consists of each of the
uniting township boards appointed under subsection (a); or
(2) the one (1) township library board appointed under subsection
(a) of the uniting townships that receives funding for the
operation of the uniting township library.
(e) The legislative body of any township that contains a library
established as an 1899 township library may levy a tax annually of not
more than three and thirty-three hundredths cents ($0.0333) on each
one hundred dollars ($100) of taxable property assessed for taxation in
the township. If the legislative body does not levy the tax, a petition
signed by at least the number of registered voters required under IC 3-8-6-3 to place a candidate on the ballot may be filed with the circuit
court clerk, who:
(1) shall determine if an adequate number of voters have signed
the petition; and
(2) if an adequate number of voters have signed the petition, shall
certify the public question to the county election board under IC 3-10-9-3. The county election board shall then cause to be printed
on the ballot for the township the following question in the form
prescribed by IC 3-10-9-4: "Shall a township library tax be
levied?".
If a majority of the votes cast on the question in subdivision (2) are in
the affirmative, the township trustee shall annually levy a tax of not less
than one and sixty-seven hundredths cents ($0.0167) and not more than
three and thirty-three hundredths cents ($0.0333) on each one hundred
dollars ($100) of taxable property in the township for the establishment
and support of a township library. The township tax shall be levied,
assessed, collected, and paid according to the procedure outlined in IC 6-1.1.
(f) The tax levy under subsection (e) shall be discontinued when the
question of discontinuing the levy has been submitted to a vote
according to the procedure provided in subsection (e) and the majority
of the votes cast on the question is in the negative.
(g) If a public library that is open for the use of all the residents of
the township is located in the township, the proceeds of the tax
collected under subsection (e) shall be paid to that public library.
(h) In a township outside a city that contains a library:
(1) established by private donations of the value of at least ten
thousand dollars ($10,000), including the real estate and buildings
used for the library; and
(2) used for the benefit of all the inhabitants of the township;
the township trustee of the township shall annually levy and collect not
more than two cents ($0.02) on each one hundred dollars ($100) upon
the taxable property within the limits of the township. The money shall
be paid to the trustees of the library, to be applied by the trustees for
the purchase of books and the payment of the maintenance costs for the
library. When it becomes necessary to purchase additional ground for
the extension or protection of library buildings already established by
private donation, the trustee, with the consent of the county legislative
body, may annually levy and collect not more than one and sixty-seven
hundredths cents ($0.0167) on each one hundred dollars ($100) of
taxable property of the township for not more than three (3) years
successively, to be expended by the trustees for the purchase of
property and the construction and enlargement of library buildings.
(i) The 1899 township library is free to all the residents of the
township.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-14-7-5.1.]

Legislative History

As added by P.L.1-2005, SEC.49. Amended by P.L.233-2015, SEC.348.