Indiana § 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

§ 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

Sec. 6. (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.]

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.