Tag Archives: fines

Reducing barriers to access: Fine-free libraries

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If you’ve ever accidentally kept a stack of books for an extra week, or needed an additional few days to watch a borrowed DVD, you’ve felt the pinch of the resulting library fines. While fines might be as little as a dime a day for a book, they seem to accrue exponentially. Not only are fines an annoyance, but they can be a legitimate barrier to service. Every day at circulation desks across the state, public library users are denied borrowing privileges, sometimes years after accruing fines, because of balances owed for overdue or long-lost items.

There are many reasons patrons acquire fines. For some, it’s simple forgetfulness. For others, it’s a larger issue stemming from life circumstances like a lack of transportation, work schedules or changes in housing. For example, when moving between families, foster children may forget to return borrowed books from their previous library. Or when packing up and leaving a precarious living situation, people may need to leave their library materials behind.

What if there was a way for library users to start over from scratch? Or what if there was more leniency for people who needed to keep books an extra week or so? Luckily, over the past years, there has been a nationwide push toward eliminating library fines, and the push isn’t only coming from library users, but the librarians themselves.

In Indiana, over 20 public library systems have opted to go fine free. This includes but is not limited to: Kendallville Public Library, Evansville Vanderburgh County Public Library, West Lafayette Public Library, Monroe County Public Library, Vigo County Public Library, Owen County Public Library, Morgan County Public Library, Anderson Public Library and more. Many more library boards are considering the move, especially after the Chicago Public Library boldly made the move in October 2019. The Indianapolis Public Library recently stated that in an effort to provide equitable service they are suspending the accrual of all fines and fees until further notice. Each library’s policy varies, and some fees may still exist for extremely overdue, damaged, or lost items, so please check with your local library for more details.

But don’t libraries need the money? While the public might perceive library fines as a major source of income for the library, they’re not. In Indiana, about 87% of a library’s budget comes from local sources like property taxes.1 Of the nearly $400 million in total revenue Indiana libraries received in 2019, only $6 million – about 1.5% – was received from fines and fees. Additionally, many systems have practiced writing off “uncollectable” fines over the years. At times, the cost of recovering materials or lost items can cost more than the materials are worth in staff time and collection service fees. Losing materials has always been a cost of doing business.

Some opponents to the fine-free library movement believe that fines and due dates teach “responsibility,” and not having them will encourage patrons to ignore due dates and hoard library materials. What some libraries are finding is the opposite. When fines are eliminated, not only are older materials are being recovered, and most items are still coming back before they are considered lost.

As a patron, what should you do if you have a large amount of library fines, but your library hasn’t eliminated fines? Try reaching out to the director or circulation manager at your library. While each library’s policy varies, some libraries offer the ability to reduce or waive fines and lost book fees in some situations. Some libraries periodically offer “amnesty” weeks where the fines on any books returned are forgiven. Some even offer opportunities to pay down fines with canned good donations or by tracking time read to “read off fines.” Some libraries write fines off as uncollectable over time, so the fines you thought you owed may have already been eliminated years ago. Please don’t let the $17 in fines you racked up in 1993 deter you from checking out all that’s happening in today’s public libraries.

1. 2018 Indiana Public Library Annual Report

This post was written by Jen Clifton, Library Development Office, Indiana State Library.

Better pay those library fines if you want your full tax refund check!

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This blog article should be considered general information and should not be construed as legal advice. The article reflects Indiana law at the time the article was written, but may not include every detail or nuance and may not reflect the law in other jurisdictions. Additionally, laws frequently change. The reader should not act on the information contained in this article but rather should act on the advice of his/her own legal counsel or other appropriate professional.

We’re heading into tax time and many of us are looking forward to our tax refunds. However, did you know that if you have outstanding fines and fees at your public library, the library can have a portion of your refund intercepted and diverted to the library to pay off what you owe? The process is called Set off of Refunds in state law. SooR is a process where public libraries, among other entities who are owed money, can claim and receive that money out of a state tax refund owed to the person who owes money to the library. This is not something the library is required to do, but rather is just another debt collection option available to libraries and other entities. For example, Sally owes the library $150 for ten DVDs she checked out and never returned. The library went through its usual process of attempting to notify Sally and collect the money owed to the library. All the normal collection attempts employed by the library failed. The library then decided to attempt to collect the money from Sally’s next state tax refund through the SooR process.

How does the process work?
First, the library must enter into an agreement with a Department of Revenue-approved clearinghouse. The approved clearinghouse for libraries is the Association of Indiana Counties. When the library has a debt it wants paid from a person’s tax refund, the library must direct the clearinghouse to file an application for the set off on behalf of the library. After receipt of the application, the DOR will determine whether or not the person who owes the debt, known as the the debtor, is due for a tax refund. The DOR will notify the library if the debtor is entitled to a tax refund.

Within 15 days of receiving notice that the debtor is entitled to a tax refund, the library or the clearinghouse must send written notice to the debtor and the DOR of the library’s intent to have the tax refund set off. The debtor is entitled to a hearing to contest the set off if the debtor mails written notice to the library of the debtor’s intent to contest the library’s right to the debt. The debtor must mail this written notice within 30 days after the date the library’s notice of intent to have the tax refund set off was mailed to the debtor.

The total amount of the set off of the debtor’s tax refund may include the actual amount owed to the library, a 15% collection fee payable to the DOR and a local collection assistance fee payable to the clearinghouse, the amount of which is set by the clearinghouse and is not to exceed $20.

After final determination of the validity of the debt, the library must certify to DOR the amount owed by the debtor to the library that is subject to set off. Upon receipt of certification of a debt, the DOR shall set off the appropriate amount and pay it to the library or the clearinghouse. The DOR notifies the debtor of the tax refund set off.

Is the library guaranteed to get the money owed to them through this process?
No, there are a number of variables that could affect whether or not the library can recoup money through the SooR process. It is possible the taxpayer is not due a refund, in which case, the library would not receive any money through this process. Additionally, among the 10 types of entities who can use the SooR process, political subdivisions, which include public libraries, are at the end of the priority list which means other entities will get money owed to them first and there may not be enough left for the library after other creditors have been paid. If the person has the fees owed discharged in bankruptcy, then the library could not recoup the fees.

Is there a time limit by which collection for a specific debt through the SooR process must take place?
The law does not state a time limit after which a debt is not eligible for collection using this process. Additionally, the law does not specify how long a debt must be owed to a political subdivision before the political subdivision can use this process to collect the debt.

Is there a minimum dollar threshold that must be owed to the library before the library can use this process to collect on a debt?
The law does not state a minimum dollar threshold that must be owed before the library can use this process to collect a debt.

How does this work on a joint tax return if only one person is responsible for the debt?
On a joint return, the entire refund is subject to set off unless there is a timely defense raised by a co-refundee who is not a debtor. If a timely defense is raised that the refund is based on a combined tax return of a debtor and a non-debtor, then the set off can only be effected against the debtor’s share of the refund.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library. For more information, email Sylvia.

Lost book makes its way back to state library after 40 years

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Recently, after a 40-year, 10-month and 27-day absence, a long-missing item was finally returned to the Indiana State Library. Arriving in a United States Postal Service (USPS) box, the package was postmarked from Arlington, Virginia. The book inside was well-worn and much-used. As you can see in the lower right corner it must have also moonlighted as a coaster at some point. With a due date of Aug. 23, 1976, we can only image what an overdue fine would be back then. Today, we charge 25 cents a day for overdue books, which would make the fine $3,735.25.

The book? William Bast’s 1956 James Dean biography, which was published a year after the native Indiana actor’s death in a California auto accident. Bast was also Dean’s roommate at UCLA.

For now, the book goes back on the shelf with a flag for our conservator to find at a later date for repair work. As for the overdue fine, if there was circulation pardon that I could bestow, this would earn it. However, it had been missing for so long there is no way to trace who had it. Let this serve as a reminder to us all that it is clearly never too late to return an overdue library book. Even though it was due six years before I was born, I’m glad to see it back.

This blog post was written by Stephanie E. Smith, circulation supervisor, Indiana State Library. For more information, email the circulation supervisor at stsmith3@library.in.gov