1. (a) A Class 2 library may convert to Class 1 status if the Class 2 library board passes the following resolution of conversion:

   "__________ Public Library, by action of its library board, resolves to convert to a Class 1 library district subject to IC 36-12-2 .".

2. (b) The resolution of conversion:

   1. (1) must describe the territory included in the library district; and
   2. (2) is irrevocable.

3. (c) The resolution of conversion must be signed by a majority of library board members. Not later than five (5) days after approving the resolution of conversion, the library board shall file a copy of the resolution of conversion:

   1. (1) in the office of the county recorder in the county where the administrative office of the public library is located; and
   2. (2) with the Indiana state library.
4. (d) The library board shall give notice of the resolution of conversion to all officials who have appointive powers under IC 36-12-2 .

5. (e) The officials under subsection (d) shall appoint a library board for the public library. Members of the old library board shall continue to serve as library board members until:

   1. (1) a majority of the new library board has been appointed; and
   2. (2) the new appointees have taken an oath of office to serve on the library board.

6. (f) Upon the:

   1. (1) filing of the resolution of conversion;
   2. (2) appointments under IC 36-12-2 ; and

   3. (3) oath of office of the new library board under IC 36-12-2-19 ;

      any current tax levies continue under authority granted to the Class 2 library until the next succeeding calendar year, at which time the tax provisions for Class 1 libraries under IC 36-12-3-12 apply.

7. (g) The obligation of a political subdivision to levy and collect taxes for library purposes remains effective after the conversion.

   [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-5.]

As added by P.L.1-2005, SEC.49.