Sec. 5.1. (a) The state library shall develop and implement a statewide library card program to enable individuals who hold a valid statewide library card to present the statewide library card to borrow:

(1) library books; or

(2) other items available for public borrowing from public libraries as established by rules adopted by the board under subsection (c);

from any public library in Indiana. The statewide library card program is in addition to any reciprocal borrowing agreement entered into between public libraries under IC 36-12-3-7 or IC 36-1-7.

(b) The statewide library card program developed under this section must provide for at least the following:

(1) To be an eligible cardholder of a statewide library card or to renew a statewide library card, the individual must:

(A) be a resident of Indiana;

(B) ask to receive or renew the statewide library card; and

(C) hold a valid resident or nonresident local library card issued to the individual by a public library under IC 36-12-2-25.

(2) The individual's public library shall pay a fee to be established by rules adopted by the board under subsection (c) based on not less than forty percent (40%) of the current average operating fund expenditure per borrower by all eligible public libraries as reported annually by the state library in the state library's annual "Statistics of Indiana Libraries". The individual's public library may assess the individual a fee to cover all or part of the costs attributable to the fee required from the public library and the amount charged to all individuals by a public library under this subdivision may not exceed the amount the public library is required to pay under this subdivision.

(3) Each statewide library card expires one (1) year after issuance to an eligible cardholder.

(4) Statewide library cards are renewable for additional one (1) year periods to eligible cardholders who comply with subdivision (1).

(5) Statewide library cards shall be available to eligible cardholders at all public libraries.

(6) Each eligible cardholder using a statewide library card is responsible for the return of any borrowed item directly to the public library from which the cardholder borrowed the item.

(7) All public libraries shall participate in the statewide library card program and shall permit an individual who holds a valid statewide library card to borrow items available for borrowing as established by rules adopted by the board under subsection (c).

(8) A nonresident of a public library taxing district who requests a statewide library card shall pay a fee for that card that includes, but is not limited to, the sum of the following:

(A) The statewide library card fee that a public library is required to pay under subdivision (2).

(B) The library taxing district's operating fund expenditure per capita in the most recent year for which that information is available in the state library's annual "Statistics of Indiana Libraries".

This subdivision does not limit a library district's fee making ability or a library district's ability to enter township contractual arrangements.

(c) The board shall adopt rules under IC 4-22-2 to implement this section, including rules governing the following:

(1) The amount and manner in which the public libraries shall remit the fee under subsection (b)(2) to the state library for the state library's use in conducting the statewide library card program.

(2) The manner of distribution and payment to each eligible public library district of the funds generated by the statewide library card program based upon the loans made by each eligible public library. To be eligible for a payment, the public library district must also comply with the standards and rules established under section 11 of this chapter.

(3) The manner in which fines, penalties, or other damage assessments may be charged to eligible cardholders for items:

(A) borrowed but not returned;

(B) returned to the inappropriate public library;

(C) returned after the items were otherwise due; or

(D) damaged.

(4) The dissemination of the statewide library cards to the public libraries.

(5) Record keeping procedures for the statewide library card program.

(6) Any other pertinent matter.

As added by P.L.26-1992, SEC.1. Amended by P.L.37-1993, SEC.1; P.L.19-1996, SEC.2; P.L.1-2005, SEC.65.