MADAM PRESIDENT:
The Senate Committee on Rules and Legislative Procedure, to which was referred Senate Bill No. 64,
has had the same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Delete everything after the enacting clause and insert the
following:
SECTION 1. IC 1-1-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 1. The governor shall
issue an annual proclamation setting apart the twenty-fifth day of
February for the recognition of George Rogers Clark and designating
that day as "George Rogers Clark Day". On this commemorative day,
the Indiana Historical Bureau, state museum, the schools of Indiana
and the citizens of Indiana are exhorted to celebrate the memory of
George Rogers Clark by holding suitable exercises in fitting and
patriotic observance of his great contributions to the cause of American
Independence which include conquering and securing the Northwest
Territory and establishing and promoting the first permanent American
settlement in the Northwest Territory.
SOURCE: IC 1-1-14-1; (04)IN0465.1.2. -->
SECTION 2. IC 1-1-14-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 1. The governor shall
issue a proclamation each year designating July 13 as "Northwest
Ordinance Day" and exhorting the Indiana Historical Bureau, state
museum, the educational, historic, and patriotic organizations of
Indiana, and the citizens of Indiana to celebrate the anniversary of the
adoption of the Northwest Ordinance by holding suitable exercises in
fitting and patriotic observance of this great document and its
contributions to freedom and democracy.
SOURCE: IC 3-9-2-13; (04)IN0465.1.3. -->
SECTION 3. IC 3-9-2-13, AS AMENDED BY P.L.176-1999,
SECTION 41, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2004]: Sec. 13. An individual may not solicit
or receive a contribution in violation of the following statutes:
(1) IC 4-23-7-3.5 (Indiana Library and Historical Department).
(2) IC 4-23-7.1-38 (Indiana State Library).
(3) IC 4-23-7.2-17 (Indiana Historical Bureau).
(4) (3) IC 8-23-2-3 (Indiana Department of Transportation).
(5) (4) IC 14-9-7-1 and IC 14-10-3-10 (Department of Natural
Resources).
SOURCE: IC 4-15-2-3.8; (04)IN0465.1.4. -->
SECTION 4. IC 4-15-2-3.8, AS AMENDED BY P.L.2-2003,
SECTION 15, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2004]: Sec. 3.8. "State service" means public
service by:
(1) employees and officers, including the incumbent directors, of
the county offices of family and children; and
(2) employees and officers, except members of boards and
commissions or individuals hired for or appointed to, after June
30, 1982, positions as appointing authorities, deputies, assistants
reporting to appointing authorities, or supervisors of major units
within state agencies, irrespective of the title carried by those
positions, of the division of disability, aging, and rehabilitative
services, Fort Wayne State Developmental Center, Muscatatuck
State Developmental Center, division of mental health and
addiction, Larue D. Carter Memorial Hospital, Evansville State
Psychiatric Treatment Center for Children, Central State
Hospital, Evansville State Hospital, Logansport State Hospital,
Madison State Hospital, Richmond State Hospital, state
department of health, Indiana School for the Blind, Indiana
School for the Deaf, Indiana Veterans' Home, Indiana Soldiers'
and Sailors' Children's Home, Silvercrest Children's
Development Center, department of correction, Westville
Correctional Facility, Plainfield Juvenile Correctional Facility,
Putnamville Correctional Facility, Indianapolis Juvenile
Correctional Facility, Indiana State Prison, Indiana Women's
Prison, Pendleton Correctional Facility, Reception and
Diagnostic Center, Rockville Correctional Facility, Youth
Rehabilitation Facility, Plainfield Correctional Facility,
department of fire and building services, state emergency
management agency (excluding a county emergency
management organization and any other local emergency
management organization created under IC 10-14-3), civil rights
commission, criminal justice planning agency, department of
workforce development, Indiana historical bureau, Indiana state
library, division of family and children, Indiana state board of
animal health, Federal Surplus Property Warehouse, Indiana
education employment relations board, department of labor,
Indiana protection and advocacy services commission,
commission on public records, Indiana horse racing commission,
and state personnel department.
SOURCE: IC 4-23-7-0.5; (04)IN0465.1.5. -->
SECTION 5. IC 4-23-7-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 0.5. (a) The definitions of this
section apply throughout the chapter.
(b) "Board" refers to the Indiana library board established by
section 2 of this chapter.
(c) "Commissioner" refers to the commissioner of the
department.
(d) "Department" refers to the Indiana library and historical
department established by section 1 of this chapter.
(e) "State library" refers to the Indiana state library
established by section 3 of this chapter.
SOURCE: IC 4-23-7-1; (04)IN0465.1.6. -->
SECTION 6. IC 4-23-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) There is hereby
created and established a department of the state government which
shall be known as the Indiana library and historical department.
(b) The office of the commissioner of the department is established.
(c) The governor shall appoint the commissioner, who serves
at the pleasure of the governor. The commissioner is the executive
and chief administrative officer of the department.
(d) The commissioner must have both of the following:
(1) A graduate degree in library science or management,
archives management, museum studies, history, historic
preservation, archeology, or a closely related field.
(2) At least ten (10) years of professional experience in one (1)
or more of the following disciplines:
(A) Library management.
(B) Information and forms management or archives
management.
(C) Managing a museum or historic site.
(D) Historic preservation or archeology.
(e) The commissioner is entitled to compensation in an amount
to be fixed by the Indiana department of administration with the
approval of the governor.
(f) The commissioner may do the following:
(1) Appoint and remove the director of each division of the
department.
(2) Delegate authority to appropriate department staff.
(3) Appoint advisory councils to consult and advise on the
work of the department and its divisions.
(g) The commissioner shall supervise the work of the
department and of each of the divisions of the department.
(h) Employees of each division, except the director, shall be
selected by the director of the division with the approval of the
commissioner and may be removed by the director for cause at any
time with the approval of the commissioner.
(i) The budget agency shall fix the compensation of the director
of each division. The director shall fix the compensation of the
employees of the division with the approval of the commissioner
and the budget agency.
(j) All department employees are covered under IC 4-15-2.
SOURCE: IC 4-23-7-2; (04)IN0465.1.7. -->
SECTION 7. IC 4-23-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. The management
and control of the Indiana state library and historical department is
hereby vested in a board which shall be known as the Indiana library
and historical board, and which shall consist consists of five (5) eight
(8) members. who shall be appointed by the governor, as hereinafter
provided. In the first instance, one (1) of such members shall be
appointed for a term of one (1) year, one (1) member for a term of two
(2) years, one (1) member for a term of three (3) years, and two (2)
members for a term of four (4) years. Thereafter all The commissioner
of the department shall serve as an ex officio member of the board.
The other seven (7) members shall be appointed for terms of four (4)
years. No person shall be appointed as a member of the Indiana library
and historical board unless he the individual is a citizen of high
standing and probity and has a known and active interest in library or
historical archival work. One (1) member of the library and historical
board shall be appointed on recommendation of the state board of
education, one (1) member shall be appointed on recommendation of
the Indiana library, trustee association, one (1) member shall be
appointed on recommendation of the Indiana library association, one
(1) member shall be appointed on recommendation of the Indiana
historical society, and one (1) member the other members shall be
selected and appointed by the governor. Except for the commissioner,
the members of the board shall serve without compensation, but shall
be entitled to receive their actual expenses necessarily incurred in
attending the meetings and transacting the business of the board, and in
participating in such other activities as may be in the interest of the
department. state library. Any vacancy which may occur in the
membership of the board for any cause shall be filled by appointment
by the governor for the unexpired term, either on recommendation of
the board, association or society hereinbefore authorized to make
recommendations, or by selection by the governor, as hereinbefore
provided. The board may prepare plans subject to the approval of the
governor commissioner and advise with the proper officials in the
construction of alterations and additions to the building and provide
necessary equipment and furnishings within the appropriations of funds
for these purposes. The board may receive and administer any state or
federal aid which may become available for the improvement and
development of library and historical services in Indiana.
SOURCE: IC 4-23-7-2.1; (04)IN0465.1.8. -->
SECTION 8. IC 4-23-7-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2.1. (a) The Indiana
library and historical board shall elect one (1) of its members as
president, another as secretary, and such other officers as it determines,
each of whom shall hold office for a term of one (1) year.
(b) The board may designate the director of the state library or the
director of the historical bureau as the executive secretary of the board
with duties as prescribed by the board.
SOURCE: IC 4-23-7-3; (04)IN0465.1.9. -->
SECTION 9. IC 4-23-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. The Indiana library
and historical department consists of two (2) the office of the
commissioner and the following divisions:
(1) The administration division.
(2) The Indiana state library. and
procedures for the council, including staggering the terms for initial
members of the council.
(g) The council may do the following:
(1) Encourage planning by individual libraries and groups of
libraries with regard to library automation.
(2) Annually update and distribute the statewide library
automation and resource sharing plan.
(3) Submit to the state library board its recommendations
concerning the adoption of library automation standards under
IC 4-23-7.1-11(b).
(4) Encourage library automation, resource sharing, and
document delivery programs that are consistent with state
technology strategies, educational programs, and economic
interests.
(5) Consult with appropriate agencies and organizations with an
interest in library automation and resource sharing in Indiana.
(h) The council shall provide an annual report to the Indiana
library and historical board on the council's activities and progress
made towards meeting the goals in the statewide library automation and
resource sharing plan. The council shall recommend to the Indiana
library and historical board funding strategies that support the goals and
initiatives contained in the statewide plan.
SOURCE: IC 4-23-7.1-1; (04)IN0465.1.17. -->
SECTION 17. IC 4-23-7.1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this
chapter:
(1) "Advisory council" refers to the Indiana state library advisory
council established by section 39 of this chapter.
(2) "Agency" means any state administration, agency, authority,
board, bureau, commission, committee, council, department,
division, institution, office, service, or other similar body of state
government.
(3) "Board" means the Indiana library and historical board
established by IC 4-23-7-2.
(4) "Commissioner" refers to the commissioner of the
department.
(5) "Department" means the Indiana library and historical
department established by IC 4-23-7-1.
(5) (6) "Director" means director of the Indiana state library.
(6) "Historical bureau" (7) "Division" means the Indiana
historical bureau division of state museums and historic sites
established by IC 4-23-7-3.
(7) (8) "Public library" has the meaning set forth in IC 20-14-1-2.
(8) (9) "State library" means the Indiana state library established
by IC 4-23-7-3.
(9) (10) "Statewide library card program" refers to the program
established by section 5.1 of this chapter.
SOURCE: IC 4-23-7.1-36; (04)IN0465.1.18. -->
SECTION 18. IC 4-23-7.1-36 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 36. The state library
shall be organized in such manner as determined by the director of the
state library with the approval of the board. The duties of the state
library established by law may be supplemented by the board according
to its discretion.
SOURCE: IC 4-23-7.1-37; (04)IN0465.1.19. -->
SECTION 19. IC 4-23-7.1-37 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 37. (a) The
commissioner, with the approval of the board, shall appoint a director
to be the chief administrative officer of the state library.
(b) To qualify for the position of director of the state library, a
person must:
(1) be a graduate of a college or university of recognized
standing;
(2) have had special training in the technique and organization of
library service;
(3) possess such other qualifications as the board, in its
discretion, may deem necessary.
(c) The director of the state library may be removed by the board
commissioner at any time for cause.
SOURCE: IC 4-23-7.1-38; (04)IN0465.1.20. -->
SECTION 20. IC 4-23-7.1-38 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 38. (a) All state library
employees, except the director, shall be selected by the director with the
approval of the board commissioner and may be removed by the
director for cause at any time with the approval of the board.
commissioner.
(b) In making selections for employment, recognition shall be
given to the fact that all certified librarians are under the Library
Certification Act IC 20-14-12 and that other staff personnel are under
IC 4-15-2.
(c) Any or all of the state library employees must have had such
academic preparation and special training for the work which they are
required to perform as may be prescribed in rules promulgated by the
board.
(d) The board may provide that appointments may be made only
after the applicant has successfully passed an examination given by the
board or some person designated by the board.
(e) No employee of the state library may directly or indirectly
solicit subscription or contribution for any political party or political
purpose, or be forced in any way to make such contribution, or be
required to participate in any form of political activity.
(f) The state budget agency shall fix the compensation of the
director of the state library. The director shall fix the compensation of
the employees of the state library with the approval of the board
commissioner and the state budget agency.
SOURCE: IC 4-23-7.2-1; (04)IN0465.1.21. -->
SECTION 21. IC 4-23-7.2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in The
definitions under IC 4-23-7.1-1 apply throughout this chapter.
(1) "Agency" means any state administration, agency, authority,
board, bureau, commission, committee, council, department, division,
institution, office, service, or other similar body of state government.
(2) "Board" means the Indiana library and historical board
established by IC 4-23-7-2.
(3) "Department" means the Indiana library and historical
department established by IC 4-23-7-1.
(4) "Director" means director of the Indiana historical bureau.
(5) "Historical bureau" means the Indiana historical bureau
established by IC 4-23-7-3.
(6) "Library" means the Indiana state library established by
IC 4-23-7-3.
SOURCE: IC 4-23-7.2-2; (04)IN0465.1.22. -->
SECTION 22. IC 4-23-7.2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 2. (a) It is The duty
of the historical bureau to state library may edit and publish
documentary and other material relating to the history of the state of
Indiana and to promote the study of Indiana history.
(b) As appropriate, the historical bureau state library shall work
with the Indiana historical society, the county historical societies, and
any other person, agency, or organization concerned with Indiana
history.
SOURCE: IC 4-23-7.2-3; (04)IN0465.1.23. -->
SECTION 23. IC 4-23-7.2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 3. The historical
bureau state library may compile and publish digests, reports and
bulletins of purely informational or statistical character on any question
which the board may deem to be of interest or value to the people of the
state. Any expenses which may be incurred in the publication of any
such digest, report or bulletin shall be defrayed out of the funds which
may be appropriated for the use of the department. or the historical
bureau.
SOURCE: IC 4-23-7.2-4; (04)IN0465.1.24. -->
SECTION 24. IC 4-23-7.2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 4. The historical
bureau state library may cooperate with any of the educational
institutions of the state or other institutions, organizations or individuals
for the purpose of meeting its responsibilities in any manner and to any
extent which may be approved by the board.
SOURCE: IC 4-23-7.2-5; (04)IN0465.1.25. -->
SECTION 25. IC 4-23-7.2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 5. All expenses
incurred in the preparation, compilation, printing, binding and
publication of the volumes of source and other historical material issued
by the historical bureau state library shall be defrayed out of funds at
the disposal of the bureau state library which may be appropriated by
law for that purpose, and shall be printed by the commission on public
records, department, and under the terms of any contract which the
state may have executed and entered into for public printing, and under
the direction and supervision of the historical bureau. state library.
SOURCE: IC 4-23-7.2-6; (04)IN0465.1.26. -->
SECTION 26. IC 4-23-7.2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 6. One (1) copy of
each publication issued by the historical bureau state library shall be
furnished to each public library in the state, and the board may furnish
copies free of charge to such other persons, institutions or departments
as in its judgment may be entitled thereto. The copies so remaining
shall be sold by the bureau state library at a price which shall be fixed
by the board.
SOURCE: IC 4-23-7.2-7; (04)IN0465.1.27. -->
SECTION 27. IC 4-23-7.2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 7. (a) The historical
bureau state library publications and educational fund is established
as a dedicated fund to be administered by the historical bureau. state
library. The monies in the fund may be expended by the director of the
historical bureau state library exclusively for the publication of
historical documents and other material to promote the study of Indiana
history, and to inform the people of Indiana concerning the history of
their state.
(b) The proceeds from the sale of items as directed by law or by
the director of the historical bureau, state library, from gifts of money
or the proceeds from the sale of gifts donated to the fund, and from
investment earnings from any portion of the fund, shall be deposited in
the historical bureau state library publications and educational fund.
(c) All monies accruing to the historical bureau state library
publications and educational fund are hereby appropriated
continuously for the purposes specified in this section.
(d) No portion of the fund shall revert to the general fund of the
state at the end of a fiscal year; however, if the fund is abolished, its
contents shall revert to the general fund of the state.
SOURCE: IC 4-23-7.2-8; (04)IN0465.1.28. -->
SECTION 28. IC 4-23-7.2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 8. (a) The governors'
portraits collection is placed in the custody of the Indiana historical
bureau. state museum. The collection shall be permanently displayed
in public areas of the state house under the supervision of the historical
bureau, which is charged with its care and maintenance. or state
museum.
(b) The director commissioner shall inspect each painting in the
collection annually in the company of one (1) or more experts in the
field of art conservation selected by the director of the division.
(c) After the inauguration of each governor, the director,
commissioner, with the concurrence of the governor, shall select and
commission an artist to paint the governor's portrait. The portrait must
be hung in the permanent collection immediately following the
completion and acceptance of the portrait by the director commissioner
and the governor.
(d) The historical bureau state museum shall include in its budget
requests the amount it deems necessary to provide for the proper care,
maintenance, and display of the governors' portraits collection, and the
amount necessary to commission the painting of an oil portrait of each
governor for the collection. The historical bureau state museum may
use appropriated funds or any other funds provided for these purposes.
(e) The director, commissioner, in discharging the duties under
this section, shall use the appropriate cultural and technical resources
of the state. including the department of natural resources and the
Indiana department of administration.
SOURCE: IC 4-23-7.2-9; (04)IN0465.1.29. -->
SECTION 29. IC 4-23-7.2-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 9. (a) The governors'
portraits fund is established as a dedicated fund to be administered by
the historical bureau. division. The monies in the fund may be
expended by the director of the historical bureau division exclusively
for the preservation and exhibition of the state-owned portraits of
former governors of Indiana.
(b) The proceeds from the sale of items as directed by law or by
the director of the historical bureau, division, from gifts of money or
the proceeds from the sale of gifts donated to the fund, and from
investment earnings from any portion of the fund, shall be deposited in
the governors' portraits fund.
(c) All monies accruing to the governors' portraits fund are hereby
appropriated continuously for the purposes specified in this section.
(d) No portion of the fund shall revert to the general fund of the
state at the end of a fiscal year; however, if the fund is abolished, its
contents shall revert to the general fund of the state.
SOURCE: IC 4-23-7.2-10; (04)IN0465.1.30. -->
SECTION 30. IC 4-23-7.2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 10. The historical
bureau state museum shall have custody of all unsold commemorative
medallions and other items that were acquired for sale to the public by
the Indiana historical commission, the Indiana sesquicentennial
commission, or the Indiana American revolution bicentennial
commission when that commission is abolished. These medallions and
other commemorative items shall be offered for sale to the public at a
price determined by the director of the historical bureau. division. The
proceeds from the sale of such items shall be deposited in the
governors' portraits fund.
SOURCE: IC 4-23-7.2-11; (04)IN0465.1.31. -->
SECTION 31. IC 4-23-7.2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 11. (a) The historical
bureau division shall establish the Indiana historical marker program
for marking historical sites in Indiana. As a part of this program, the
historical bureau division shall fix a state format for historical markers.
No person may erect an historical marker in the state format without the
approval of the historical bureau. division. All historical markers in the
state format shall be provided by the historical bureau division using
appropriated funds, local matching funds, donations, grants, or any
other funds provided for that purpose according to the guidelines and
rules of the historical marker program.
(b) The board director of the division may appoint a historical
marker advisory committee to serve without compensation. The
committee may advise the board and the director concerning the
following:
(1) Guidelines and rules for the historical marker program.
(2) Appropriate sites to be marked.
(3) Other matters concerning the historical marker program as
requested by the board or the director.
(c) Historical markers approved under this section become the
property of the state. Maintenance of state historical markers is part of
the historical marker program. The historical bureau division may
cooperate with individuals, local and state agencies, and private
institutions and organizations for the maintenance of the historical
markers. Funds made available to the historical marker program, as
approved by the board, division, may be used for necessary
maintenance.
(d) No historical marker may be erected on a highway of the state
highway system without the approval of the historical bureau division
as to its historical accuracy. This provision is in addition to any other
requirement of law.
SOURCE: IC 4-23-7.2-12; (04)IN0465.1.32. -->
SECTION 32. IC 4-23-7.2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 12. The historical
bureau state museum shall celebrate the memory of George Rogers
Clark in a manner fitting each occasion of George Rogers Clark Day,
every twenty-fifth day of February, established by IC 1-1-13-1.
SOURCE: IC 4-23-7.2-13; (04)IN0465.1.33. -->
SECTION 33. IC 4-23-7.2-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 13. Each state,
county, township, city, town, judicial, or other public officer having in
his charge or custody or is capable of supplying, or required to collect
and compile the information which may be required by the historical
bureau department shall supply such information promptly at the
request of the historical bureau, department, whether the request is
oral, or by letter or circular, or by the filling out of blank forms
provided for that purpose by the historical bureau. department.
SOURCE: IC 4-23-7.2-18; (04)IN0465.1.34. -->
SECTION 34. IC 4-23-7.2-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 18. The board
director of the state library may appoint an advisory committee of not
to exceed nine (9) members, who shall consult and advise with the
director of the historical bureau state library concerning the
publication of historical material, the promotion of the interest of the
historical societies of Indiana, and in the conduct of the historical work
of the state generally. The committee so appointed shall serve without
compensation.
SOURCE: IC 4-23-7.2-19; (04)IN0465.1.35. -->
SECTION 35. IC 4-23-7.2-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 19. The proceeds from
the sale of all publications of the select committee on the centennial
history of the Indiana general assembly, alone or in cooperation with
the Indiana historical bureau, state library, shall be deposited in the
historical bureau state library publications and educational fund.
SOURCE: IC 4-23-8-0.5; (04)IN0465.1.36. -->
SECTION 36. IC 4-23-8-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 0.5. The definitions under
IC 4-23-7.1-1 apply throughout this chapter.
SOURCE: IC 4-23-8-1; (04)IN0465.1.37. -->
SECTION 37. IC 4-23-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. Express power and
authority is hereby given to the Indiana library and historical board to
accept gifts, bequests and devises of personal and real property for the
maintenance, use, or benefit of the Indiana library and historical
department.
SOURCE: IC 4-23-8-2; (04)IN0465.1.38. -->
SECTION 38. IC 4-23-8-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. Said Indiana library
and historical The board may accept such gifts, bequests, and devises
as provided in section 1 hereof, of this chapter, with such terms and
conditions and with such obligations, liabilities, and burdens as are
imposed thereon when in the judgment of said the board and with the
approval of the governor commissioner it shall be determined that it is
for the best interest of said the department to do so. Provided,
However, That no obligation, liability, or burden shall be assumed on
account thereof in excess of appropriations made by law and applicable
to the payment of such obligations, liabilities, and burdens.
SOURCE: IC 4-23-8-3; (04)IN0465.1.39. -->
SECTION 39. IC 4-23-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. Any law to the
contrary notwithstanding, any gift, bequest or devise received by said
Indiana library and historical the board, shall not be required to be
covered into the general fund, but shall be administered by said the
board according to the terms of said the gift, bequest, or devise.
SOURCE: IC 5-15-5.1-1; (04)IN0465.1.40. -->
SECTION 40. IC 5-15-5.1-1, AS AMENDED BY P.L.1-1999,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 1. As used in this chapter:
"Commission" means the commission on public records created by
this chapter.
"Board" means the Indiana library board established by
IC 4-23-7-2.
"Director" means the director of the Indiana state library
appointed under IC 4-23-7.1-37.
"State library" means the Indiana state library established by
IC 4-23-7-3.
"Record" means all documentation of the informational,
communicative, or decisionmaking processes of state government, its
agencies and subdivisions made or received by any agency of state
government or its employees in connection with the transaction of
public business or government functions, which documentation is
created, received, retained, maintained, or filed by that agency or its
successors as evidence of its activities or because of the informational
value of the data in the documentation, and which is generated on:
(1) paper or paper substitutes;
(2) photographic or chemically based media;
(3) magnetic or machine readable media; or
(4) any other materials, regardless of form or characteristics.
"Nonrecord materials" means all identical copies of forms, records,
reference books, and exhibit materials which are made, or acquired, and
preserved solely for reference use, exhibition purposes, or publication
and which are not included within the definition of record.
"Personal records" means:
(1) all documentary materials of a private or nonpublic character
which do not relate to or have an effect upon the carrying out of
the constitutional, statutory, or other official or ceremonial duties
of a public official, including: diaries, journals, or other personal
notes serving as the functional equivalent of a diary or journal
which are not prepared or utilized for, or circulated or
communicated in the course of, transacting government business;
or
(2) materials relating to private political associations, and having
no relation to or effect upon the carrying out of constitutional,
statutory, or other official or ceremonial duties of a public
official and are not deemed public records.
"Form" means every piece of paper, transparent plate, or film
containing information, printed, generated, or reproduced by whatever
means, with blank spaces left for the entry of additional information to
be used in any transaction involving the state.
"Agency" means any state office, department, division, board,
bureau, commission, authority, or other separate unit of state
government established by the constitution, law, or by executive or
legislative order.
"Public official" means an individual holding a state office created
by the Constitution of Indiana, by act or resolution of the general
assembly, or by the governor; all officers of the executive and
administrative branch of state government; and all other officers, heads,
presidents, or chairmen of agencies of state government.
"Indiana state archives" means the program maintained by the
commission state library for the preservation of those records and
other government papers that have been determined by the commission
state library to have sufficient permanent values to warrant their
continued preservation by the state.
"Forms management" means the program maintained by the
commission state library to provide continuity of forms design
procedures from the form's origin up to its completion as a record by
determining the form's size, style and size of type; format; type of
construction; number of plies; quality, weight and type of paper and
carbon; and by determining the use of the form for data entry as well as
the distribution.
"Information management" means the program maintained by the
commission state library for the application of management techniques
to the purchase, creation, utilization, maintenance, retention,
preservation, and disposal of forms and records undertaken to improve
efficiency and reduce costs of recordkeeping; including management of
filing and microfilming equipment and supplies, filing and information
retrieval systems, files, correspondence, reports and forms management,
historical documentation, micrographic retention programming, and
critical records protection.
"Records center" means a program maintained by the commission
state library primarily for the storage, processing, retrieving, servicing,
and security of government records that must be retained for varying
periods of time but should not be maintained in an agency's office
equipment or space.
"Critical records" means records necessary to resume or continue
governmental operations, the reestablishing of the legal and financial
responsibilities of government in the state, or to protect and fulfill
governmental obligations to the citizens of the state.
"Retention schedule" means a set of instructions prescribing how
long, where, and in what form a record series shall be kept.
"Records series" means documents or records that are filed in a
unified arrangement, and having similar physical characteristics or
relating to a similar function or activity.
"Records coordinator" means a person designated by an agency to
serve as an information liaison person between the agency and the
commission. state library.
SOURCE: IC 5-15-5.1-2; (04)IN0465.1.41. -->
SECTION 41. IC 5-15-5.1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) This chapter
applies to records:
(1) open to the public and carrying no classification or
restriction;
(2) required to be kept confidential by federal law, rule, or
regulation;
(3) declared confidential by the general assembly; or
(4) declared confidential by a rule adopted under specific
authority for confidential records granted to an agency by the
general assembly.
(b) The provisions of this chapter do not apply to state-supported
colleges and universities, but the commission state library may offer
its services to them.
(c) The provisions of this chapter shall in no way restrict the
powers and duties of the state board of accounts as prescribed by
IC 5-11.
SOURCE: IC 5-15-5.1-3; (04)IN0465.1.42. -->
SECTION 42. IC 5-15-5.1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. There is created The
commission on public records to state library shall administer this
chapter for the administrative and executive branches of state
government. The commission shall adopt a seal which shall be the seal
of the state of Indiana. The commission state library shall offer its
services to the legislative and judicial branches of state government.
SOURCE: IC 5-15-5.1-5; (04)IN0465.1.43. -->
SECTION 43. IC 5-15-5.1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) Subject to
approval by the oversight committee on public records created by
section 18 of this chapter, board, the commission state library shall do
the following:
(1) Establish a forms management program for state government
and approve the design, typography, format, logo, data sequence,
form analysis, form number, and agency file specifications of
each form.
(2) Establish a central state form numbering system and a central
cross index filing system of all state forms, and standardize,
consolidate, and eliminate, wherever possible, forms used by
state government.
(3) Approve, provide, and in the manner prescribed by IC 5-22,
purchase photo-ready copy for all forms.
(4) Establish a statewide records management program,
prescribing the standards and procedures for record making and
record keeping; however, the investigative and criminal history
records of the state police department are exempted from this
requirement.
(5) Coordinate utilization of all micrographics equipment in state
government.
(6) Assist the Indiana department of administration in
coordinating utilization of all duplicating and printing equipment
in the executive and administrative branches.
(7) Advise the Indiana department of administration with respect
to the purchase of all records storage equipment.
(8) Establish and operate Assist the Indiana department of
administration in establishing and operating a distribution
center for the receipt, storage, and distribution of all material
printed for an agency.
(9) Establish and operate a statewide archival program to be
called the Indiana state archives for the permanent government
records of the state, provide consultant services for archival
programs, conduct surveys, and provide training for records
coordinators.
(10) Establish and operate a statewide record preservation
laboratory.
(11) Prepare, develop, and implement record retention schedules.
(12) Establish and operate a central records center to be called
the Indiana state records center, which shall accept all records
transferred to it, provide secure storage and reference service for
the same, and submit written notice to the applicable agency of
intended destruction of records in accordance with approved
retention schedules.
(13) Demand, from any person or organization or body who has
illegal possession of original state or local government records,
those records, which shall be delivered to the commission. state
library.
(14) Have the authority to examine all forms and records housed
or possessed by state agencies for the purpose of fulfilling the
provisions of this chapter.
(15) In coordination with the data processing state information
technology oversight commission created under IC 4-23-16,
establish standards to ensure the preservation of adequate and
permanent computerized and auxiliary automated information
records of the agencies of state government.
(16) Notwithstanding IC 5-14-3-8, establish a schedule of fees
for services provided to patrons of the Indiana state archives. A
copying fee established under this subdivision may exceed the
copying fee set forth in IC 5-14-3-8(c).
(b) In implementing a forms management program, the
commission state library shall follow procedures and forms prescribed
by the federal government.
(c) Fees collected under subsection (a)(16) shall be deposited in the
state archives preservation and reproduction account established by
section 5.3 of this chapter.
SOURCE: IC 5-15-5.1-5.3; (04)IN0465.1.44. -->
SECTION 44. IC 5-15-5.1-5.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5.3. (a) The state
archives preservation and reproduction account (referred to in this
section as "the account") is established as an account within the state
general fund. The account shall be administered by the commission.
state library. The money in the account does not revert to any other
account within the state general fund at the end of a state fiscal year.
(b) The account consists of fees collected under section 5(a)(16)
of this chapter.
(c) Money in the account is annually appropriated to the
commission state library for use in the preservation and reproduction
of public records in the Indiana state archives.
SOURCE: IC 5-15-5.1-6; (04)IN0465.1.45. -->
SECTION 45. IC 5-15-5.1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. The commission
state library shall design, redesign, number, standardize, consolidate,
or eliminate when obsolete, all forms used by state government, apply
the definition of record to any governmental materials so questioned,
and determine the nature of nonrecord materials housed or maintained
by an agency. In performing these functions, the commission state
library shall consult with each affected agency and shall consider each
agency's statutory responsibilities, its relationships with federal or other
governmental agencies, and the requirements of state law.
SOURCE: IC 5-15-5.1-7; (04)IN0465.1.46. -->
SECTION 46. IC 5-15-5.1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. The commission
state library shall make the archives of the state available for public
use under supervised control at reasonable hours. However, the
commission state library shall weigh the need for preservation from
deterioration or mutilation of original records in establishing access use
to such items. The commission state library shall furnish copies of
archival materials upon request, unless confidential by law or restricted
by promulgated rule, and payment of such fees as may be required.
SOURCE: IC 5-15-5.1-8; (04)IN0465.1.47. -->
SECTION 47. IC 5-15-5.1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. The commission
state library shall operate a central micrographics laboratory. The
oversight committee board in coordination with the supreme court shall
promulgate regulations rules concerning quality standards for
microfilming documents that shall allow documents meeting those
standards to be admissible in court. Such microfilming standards shall
be followed by all agencies of the administrative and executive
branches of state government.
SOURCE: IC 5-15-5.1-9; (04)IN0465.1.48. -->
SECTION 48. IC 5-15-5.1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. Copies of records
transferred from the office of their origin to the custody of the
commission, state library, when certified by the director or his the
director's designee, under seal of the commission, state library, shall
have the same force and effect as if certified by the original custodian.
SOURCE: IC 5-15-5.1-10; (04)IN0465.1.49. -->
SECTION 49. IC 5-15-5.1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. Each agency shall:
(1) Make and preserve records containing adequate and proper
documentation of the organization, functions, policies, decisions,
procedures, and essential transactions of the agency to protect the
legal and financial rights of the government and of persons
directly affected by the agency's activities.
(2) Cooperate fully with the commission state library in
implementing the provisions of this chapter.
(3) Establish and maintain an active and continuing program for
the economical and efficient management of information and
assist the commission state library in the conduct of information
management surveys.
(4) Implement information management procedures and
regulations issued by the commission. state library.
(5) Submit to the oversight committee, state library, a
recommended retention schedule for each form and record series
in its custody. However, retention schedules for forms and record
series common to more than one (1) agency may be established
by the oversight committee. state library. Records may not be
scheduled for retention any longer than is necessary to perform
required functions. Records requiring retention for several years
must be transferred to the records center.
(6) Establish necessary safeguards against the removal,
alteration, or loss of records; safeguards shall include notification
to all officials and employees of the agency that records in the
custody of the agency may not be alienated or destroyed except
in accordance with the provisions of this chapter.
(7) Designate an agency information coordinator, who shall
assist the commission state library in the content requirements
of the form design process and in the development of the
agency's records retention schedules.
(8) Report to the commission state library before December 31
of each year those records which have been created or
discontinued in the past year.
SOURCE: IC 5-15-5.1-11; (04)IN0465.1.50. -->
SECTION 50. IC 5-15-5.1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. Title to any record
transferred to the Indiana state archives as authorized by this chapter
shall be vested in the commission. state library. However, title to any
record deposited in the Indiana state records center shall remain with
the agency transferring that record.
SOURCE: IC 5-15-5.1-12; (04)IN0465.1.51. -->
SECTION 51. IC 5-15-5.1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. The commission
state library shall establish and maintain a critical records program for
the state of Indiana. It shall determine what records are essential to the
continuity of state government operations and shall survey agency
records to identify those records. The commission state library shall
plan and implement a program for protection of critical records through
dispersal, duplication, or secure vault storage of those records.
SOURCE: IC 5-15-5.1-13; (04)IN0465.1.52. -->
SECTION 52. IC 5-15-5.1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 13. Records designated
as confidential by law shall be so treated by the commission state
library in the maintenance, storage, transfer, or other disposition of
those records. Confidential records scheduled for destruction shall be
destroyed in such a manner that they cannot be read, interpreted, or
reconstructed.
SOURCE: IC 5-15-5.1-14; (04)IN0465.1.53. -->
SECTION 53. IC 5-15-5.1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. A public official or
agency may not mutilate, destroy, sell, loan, or otherwise dispose of
any government record, except under a record retention schedule or
with the written consent of the commission. state library.
SOURCE: IC 5-15-5.1-15; (04)IN0465.1.54. -->
SECTION 54. IC 5-15-5.1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 15. (a) A public official
who has the custody of any records, excluding personal records, shall
at the expiration of his the public official's term of office or
appointment, deliver to his the public official's successor, or to the
commission state library if there is no successor, all materials defined
as records by this chapter.
(b) Upon the termination of a state agency whose functions have
not been transferred to another agency, the records of the state agency
shall be deposited with the commission. state library. The commission
state library shall determine which records are of sufficient legal,
historical, administrative, research, or fiscal value to warrant their
continued preservation. Records that are determined to be of
insufficient value to warrant continued preservation shall be disposed
of or destroyed.
SOURCE: IC 5-15-5.1-16; (04)IN0465.1.55. -->
SECTION 55. IC 5-15-5.1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 16. (a) The commission
state library may enter into agreements with the legislative branch of
government for transfer of the permanent records of that body not
having current administrative value to the Indiana state archives.
(b) The commission state library may enter into agreements with
the Indiana supreme court and court of appeals and their clerk for
transfer of the permanent records of those bodies not having current
administrative value to the state archives.
SOURCE: IC 5-15-5.1-17; (04)IN0465.1.56. -->
SECTION 56. IC 5-15-5.1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 17. (a) A state, county,
or other official may turn over to the commission, state library, in
accordance with the rules of the commission board for permanent
preservation, any official books, records, documents, original papers,
newspaper files, or printed books or materials not in current use in his
the official's office.
(b) Subject to subsection (c), the commission state library may
make a copy, by photography or in any other way, of any official book,
record, document, original paper, newspaper, or printed book or
material in any county, city, or other public office for preservation in
the state archives. County, city, and other officials shall permit such
copies to be made of the books, records, documents, and papers in their
respective offices.
(c) The commission state library shall copy the official copy of
the rules (including incorporated matters filed under IC 4-22-2-21)
retained by the secretary of state under IC 4-5-1-2. Any duplicate
original copy possessed by another agency is not a critical record and
may not be copied. If the secretary of state prepares micrographic
copies of these documents under IC 4-5-1-2 and the copies are in a
form that meets the specifications of the commission, state library, the
commission state library shall arrange with the secretary of state to
obtain the number of copies needed by the commission, state library,
rather than copying the documents as part of a separate program.
SOURCE: IC 5-15-5.1-19; (04)IN0465.1.57. -->
SECTION 57. IC 5-15-5.1-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 19. (a) It is The duty
of the oversight committee to: board shall:
(1) function as the policy making body for the commission; state
library; and
(2) determine what records have no apparent official value but
should be preserved for research or other purposes.
(b) The oversight committee board shall maintain a master list of
all record series that are classified as confidential by statute or rule.
(c) The oversight committee board has final approval of all record
retention schedules.
(d) The oversight committee board has final approval of a fee
schedule established by the commission under section 5(a)(16) of this
chapter.
SOURCE: IC 5-15-5.1-20; (04)IN0465.1.58. -->
SECTION 58. IC 5-15-5.1-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 20. (a) The oversight
committee board shall:
(1) establish standards for safeguarding personal information
systems that shall be followed by agencies maintaining such
systems;
(2) approve the content of all forms that involve confidential
records; and
(3) require use of archival quality paper for records that the
commission board determines should be preserved indefinitely.
(b) The oversight committee board may adopt rules under
IC 4-22-2 necessary for the performance of its duties, consistent with
this chapter and other applicable Indiana laws.
SOURCE: IC 6-3.1-16-2; (04)IN0465.1.59. -->
SECTION 59. IC 6-3.1-16-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. As used in this
chapter, "division" means the division of historic preservation and
archaeology of the Indiana library and historical department. of
natural resources.
SOURCE: IC 10-18-1-1; (04)IN0465.1.60. -->
SECTION 60. IC 10-18-1-1, AS ADDED BY P.L.2-2003,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 1. (a) As used in this chapter, "commission" refers
to the Indiana war memorials commission established by section 2 of
this chapter.
(b) "Department" means the Indiana library and historical
department established by IC 4-23-7-1.
SOURCE: IC 10-18-1-2; (04)IN0465.1.61. -->
SECTION 61. IC 10-18-1-2, AS ADDED BY P.L.2-2003,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 2. (a) The Indiana war memorials commission is
established.
(b) The commission consists of ten (10) eleven (11) members. The
commissioner of the department shall serve as an ex officio
member of the commission. In addition, each Indiana congressional
district must be represented by at least one (1) member who is:
(1) a resident of that congressional district;
(2) a veteran of service in the armed forces of the United States
of America in time of war;
(3) a citizen of Indiana at the time of the service; and
(4) appointed:
(A) in the manner;
(B) for the terms;
(C) to have the powers; and
(D) to perform the duties;
as provided in this chapter.
(c) The commission:
with the approval of the commission shall employ an individual who
is responsible for the care and preservation of all personal property
owned by the commission that has historic significance.
(b) The individual employed by the commission under subsection
(a) must meet the qualifications set by the division of state museums
and historic sites of the department. of natural resources.
SOURCE: IC 10-18-1-21; (04)IN0465.1.65. -->
SECTION 65. IC 10-18-1-21, AS ADDED BY P.L.2-2003,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 21. (a) The commission
(1) has general control of the State Soldiers' and Sailors'
Monument Circle. and
(2) The commissioner of the department, with the approval
of the commission, may employ a superintendent.
(b) The superintendent may, with the advice and consent approval
of the commission, commissioner of the department, appoint
engineers, elevator operators, electricians, and watchmen as are actually
required, all of whom are subject to removal at any time by the
commission for any reason satisfactory to the commission.
superintendent.
(c) The superintendent:
(1) has direct charge and supervision of the monument and
Monument Circle, subject to the orders of the commission; and
(2) may require watchmen to act as elevator operators and
elevator operators to act as watchmen.
(d) The superintendent and the engineers, watchmen, and elevator
operators have police powers with all powers of a constable.
SOURCE: IC 10-18-1-26; (04)IN0465.1.66. -->
SECTION 66. IC 10-18-1-26, AS ADDED BY P.L.2-2003,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 26. (a) The commission may do the following:
(1) Make or sell the following:
(A) Pictures, models, books, and other representations of the
monuments and grounds.
(B) Souvenirs.
(2) Establish and maintain souvenir shops on property that the
commission manages.
(3) Hire and pay salaries for full-time or part-time employees for
the souvenir shops.
(4) Contract with a nonprofit organization or corporation for the
continuous management of the souvenir shops.
(5) Report annually to the governor commissioner of the
department on the activities, revenues, expenditures, and profits
of the souvenir shops.
(b) Notwithstanding section 27 of this chapter, the following apply
to the profits from souvenir shop sales:
(1) The souvenir shop fund is established. The souvenir shop
fund shall be administered by the commission.
(2) Profits from the sales at souvenir shops established under
subsection (a) shall be deposited in the souvenir shop fund.
(3) The treasurer of state shall invest the money in the souvenir
shop fund not currently needed to meet the obligations of the
fund in the same manner as other public funds may be invested.
commission, the department may negotiate a lease agreement with the
party that submitted the proposal. After a lease agreement is entered
into and set forth in writing, the department shall submit the lease
agreement to the attorney general for review. A lease agreement that is:
(1) negotiated;
(2) executed by the authorized agents of the state and the lessee;
and
(3) approved by the attorney general;
under this section is a binding contract between the state and the lessee.
SOURCE: IC 14-20-1-15; (04)IN0465.1.77. -->
SECTION 77. IC 14-20-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 15. The director
commissioner may, with the approval of the commission, trustees
adopt rules under IC 4-22-2 to administer this chapter.
SOURCE: IC 14-20-1-16; (04)IN0465.1.78. -->
SECTION 78. IC 14-20-1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 16. (a) The board of
trustees for the division of state museums and historic sites is
established.
(b) The trustees consist of thirteen (13) members as follows:
(1) The director commissioner, of the department, who shall
serve as chairman.
(2) Twelve (12) members appointed by the governor as follows:
(A) One (1) member of the Indiana State Museum Society
nominated by the Society.
(B) One (1) member of the Indiana State Museum
Volunteers nominated by the volunteers.
(C) Two (2) members must be recognized supporters of
historic sites.
(D) Not more than seven (7) members may be members of
the same political party.
(E) Not more than two (2) members may be from the same
county.
(F) Each congressional district in Indiana must be
represented by at least one (1) member.
(c) The terms of the appointed members shall be staggered.
SOURCE: IC 14-20-1-22; (04)IN0465.1.79. -->
SECTION 79. IC 14-20-1-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 22. The trustees shall
do the following:
(1) Nominate, when the position of division director is vacant, a
person to be appointed by the director commissioner to that
position. If the director commissioner rejects a nominee's
appointment, the trustees shall nominate another person.
(2) Recommend, when appropriate, the dismissal of a division
director.
(3) Make recommendations concerning the salary ranges of the
administrative, professional, and technical staff of the division.
(4) Review the budget needs and requests of the division and
make recommendations concerning the needs and requests to the
governor through the director. commissioner.
(5) Recommend that the department accept or reject, hold, or
dispose of grants of property to be administered by the division
for the purpose of preservation, research, or interpretation of
significant areas, events, or grants to citizens of Indiana for the
purpose of preserving, studying, and interpreting archeological
and natural phenomena, cultural trends, and accomplishments.
(6) Review, guide, and assist in the development of statewide
outreach programs.
(7) Review, guide, and assist in the development of
professionalism of the staff and operations.
(8) Review, recommend, and devise methods to enable the
division to do the following:
(1) Increase the division's physical plant.
(2) Expand the educational areas.
(3) Meet storage needs.
(9) Develop a plan of growth to meet physical, program, and
financial needs for both the immediate and long range future,
monitor the plan at regular intervals, and ensure that the
institution stays within the developed plan.
(10) Recommend policies, procedures, and practices that the
commission, commissioner, the director, and the secretary shall
consider.
(11) Give advice or make recommendations to the governor and
the general assembly when requested or on the initiative of the
trustees.
(12) Review the conduct of the work of the division. To
implement this duty, the trustees have access at any reasonable
time to copies of all records pertaining to the work of the
division.
(13) Adopt bylaws consistent with this chapter for the division's
internal control and management and file a copy of the bylaws
with the director.
(14) Hold meetings at the times and places in Indiana that are
prescribed by the bylaws, but at least quarterly.
(15) Keep minutes of the transactions of each regular and special
meeting and file the minutes with the director. The minutes are
public records.
(16) Promote the welfare of the division.
(17) Make recommendations concerning the administration of the
fund established by section 24 of this chapter.
SOURCE: IC 14-20-1-23; (04)IN0465.1.80. -->
SECTION 80. IC 14-20-1-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 23. (a) The commission
commissioner may, on recommendation of the trustees, accept or
refuse to accept an offered gift of historic property that would be
administered by the department.
(b) The commission commissioner may, on recommendation of
the trustees, sell, lease, or exchange historic property administered by
the department under IC 4-20.5-7 or IC 5-22-22.
(c) The commission commissioner may, on recommendation of
the trustees and in accordance with rules adopted by the commission
commissioner under IC 4-22-2, sell, donate, or exchange artifacts in
the museum's collection to or with other public or nonprofit museums
or historical societies. However, the commission may donate an artifact
in the museum's collection to a public or nonprofit museum or historical
society under this subsection only if the museum or historical society
is located in Indiana.
(d) The commission commissioner may, on recommendation of
the trustees, adopt rules under IC 4-22-2 to establish a procedure for
evaluating the merits of proposals to:
(1) accept gifts of;
(2) sell; or
(3) exchange;
artifacts or historic property.
SOURCE: IC 14-20-4-10; (04)IN0465.1.81. -->
SECTION 81. IC 14-20-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. The commission
shall do the following:
(1) Recommend legislation to do the following:
(A) Protect the area from the environmental degradation.
(B) Assure development of the historic, scenic, aesthetically
pleasing, cultural, educational, and recreational nature of the
community.
(2) Conduct a survey of New Harmony memorabilia that is in
existence and establish a plan for restoring the memorabilia to
the community.
(3) Conduct other activities that are necessary for promotion and
enhancement of the area of New Harmony.
(4) Cooperate with the department, the department of natural
resources, and Indiana department of transportation on
recommending access and egress from New Harmony.
SOURCE: IC 14-20-6-3; (04)IN0465.1.82. -->
SECTION 82. IC 14-20-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. The real property
shall be administered, maintained, managed, and controlled by the
department in the same manner as the state parks are managed and
controlled by the department of natural resources and shall be
known as The James F.D. Lanier Home.
SOURCE: IC 14-20-12-3; (04)IN0465.1.83. -->
SECTION 83. IC 14-20-12-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. Thousands of
Hoosiers all over the nation have contributed toward the moving and
restoration of this historic house and because the house has already
proven to be an outstanding tourist attraction and in keeping with our
great American heritage, it is the intent of this chapter that the
department of commerce, the Indiana library and historical
department, the department of natural resources, and other
appropriate state boards and agencies give widespread publicity to this
memorial by brochure, pamphlet, or other means.
SOURCE: IC 14-21-1-12; (04)IN0465.1.84. -->
SECTION 84. IC 14-21-1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. The division shall
do the following:
(1) Develop a program of historical, architectural, and
archeological research and development, including continuing
surveys, excavations, scientific recording, interpretation, and
publication of the state's historical, architectural, and
archeological resources.
(2) Prepare a preservation plan for the state that establishes
planning guidelines to encourage the continuous maintenance
and integrity of historic sites and historic structures. However,
the plan is not effective until the plan has been:
(A) presented to the council for review and comment; and
(B) approved by the review board after public hearing.
(3) Undertake the action necessary to qualify the state for
participation in sources of federal aid to further the purposes
stated in subdivisions (1) and (2).
(4) Provide information on historic sites and structures within
Indiana to federal, state, and local governmental agencies, private
individuals, and organizations.
(5) Advise and coordinate the activities of local historical
associations, historic district preservation commissions, historic
commissions, and other interested groups or persons.
(6) Provide technical and financial assistance to local historical
associations, historic district preservation commissions, historic
commissions, and other interested groups or persons.
(7) Review environmental impact statements as required by
federal and state law for actions significantly affecting historic
properties.
SOURCE: IC 14-21-1-13; (04)IN0465.1.85. -->
SECTION 85. IC 14-21-1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 13. The division may
do the following:
(1) Recommend the purchase, lease, or gift of historic property
of archeological importance and make recommendations to the
director, council and commission the commissioner regarding
policies affecting the operation and administration of these sites
and structures by the section of historic sites of the division of
state museums and historic sites.
(2) Prepare and review planning and research studies relating to
archeology.
(3) Conduct a program of education in archeology, either within
the division or in conjunction with an institution of higher
education.
(4) Inspect and supervise an archeological field investigation
authorized by this chapter.
SOURCE: IC 14-21-1-13.5; (04)IN0465.1.86. -->
SECTION 86. IC 14-21-1-13.5, AS AMENDED BY
P.L.177-2001, SECTION 2, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 13.5. (a) The division may conduct
a program to survey and register in a registry of Indiana cemeteries and
burial grounds that the division establishes and maintains all cemeteries
and burial grounds in each county in Indiana. The division may conduct
the program alone or by entering into an agreement with one (1) or
more of the following entities:
(1) The Indiana Historical Society established under IC 23-6-3.
(2) A historical society as defined in IC 20-5-17.5-1(a).
(3) The Historic Landmarks Foundation of Indiana.
(4) A professional archeologist or historian associated with a
college or university.
(5) A township trustee.
(6) Any other entity that the division selects.
(b) In conducting a program under subsection (a), the division may
receive gifts and grants under terms, obligations, and liabilities that the
director commissioner considers appropriate. The director
commissioner shall use a gift or grant received under this subsection:
(1) to carry out subsection (a); and
(2) according to the terms of the gift or grant.
(c) At the request of the director, commissioner, the auditor of
state shall establish a trust fund for purposes of holding money received
under subsection (b).
(d) The director commissioner shall administer a trust fund
established by subsection (c). The expenses of administering the trust
fund shall be paid from money in the trust fund.
(e) The treasurer of state shall invest the money in the trust fund
established by subsection (c) that is not currently needed to meet the
obligations of the trust fund in the same manner as other public trust
funds may be invested. The treasurer of state shall deposit in the trust
fund the interest that accrues from the investment of the trust fund.
(f) Money in the trust fund at the end of a state fiscal year does not
revert to the state general fund.
(g) Nothing in this section may be construed to authorize violation
of the confidentiality of information requirements of 16 U.S.C. 470(w)
and 16 U.S.C. 470(h)(h).
(h) The division may record in each county recorder's office the
location of each cemetery and burial ground located in that county.
SOURCE: IC 14-21-1-17; (04)IN0465.1.87. -->
SECTION 87. IC 14-21-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 17. (a) Any person may
nominate a site or structure for addition to or removal from the register.
Upon approval of the nomination by the division, all affected persons
shall be notified.
(b) If an objection to the action is not filed with the division within
thirty (30) days after the notification date, the nomination is
automatically approved.
(c) If an objection is received within thirty (30) days, a designated
member of the review board shall hold a hearing and make a
determination. The review board shall make the final decision regarding
a nomination subject to administrative review by the commission under
IC 4-21.5.
SOURCE: IC 14-21-1-19; (04)IN0465.1.88. -->
SECTION 88. IC 14-21-1-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 19. The director
commissioner is designated as the state historic preservation officer.
SOURCE: IC 14-21-1-20; (04)IN0465.1.89. -->
SECTION 89. IC 14-21-1-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 20. (a) The historic
preservation review board is established.
(b) The review board consists of nine (9) members as follows:
(1) The director. commissioner.
(2) At least five (5) individuals meeting minimum professional
requirements established by the United States Department of the
Interior in 36 CFR, Part 61, as in effect on January 1, 1984.
(3) Professionals in the following disciplines:
(A) History.
(B) Prehistoric or historic archeology.
(C) Architecture or historical architecture.
under IC 23-14-57.
(b) A person who recklessly, knowingly, or intentionally violates
this section commits a Class A misdemeanor.
SOURCE: IC 14-21-1-31; (04)IN0465.1.94. -->
SECTION 94. IC 14-21-1-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 31. (a) The commission
review board shall adopt rules under IC 4-22-2 to implement this
chapter.
(b) When adopting rules under this chapter the commission review
board shall consider the following:
(1) The rights and interests of landowners.
(2) The sensitivity of human beings for treating human remains
with respect and dignity.
(3) The value of history and archeology as a guide to human
activity.
(4) The importance of amateur archeologists in making historical,
cultural, and archeological discoveries.
(5) Applicable laws, standards, and guidelines for the conduct of
archeology and codes of ethics for participation in archeology.
SOURCE: IC 14-34-4-10; (04)IN0465.1.95. -->
SECTION 95. IC 14-34-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) The director
may not approve a permit application unless, in addition to the findings
required by section 7 of this chapter, the director states in writing that
the director has considered consulted with the commissioner of the
Indiana library and historical department concerning the effects of
the proposed mining operation on a place listed on or eligible for listing
on the National Register of Historic Places or the Indiana state register
of historic sites and structures.
(b) If the director considers it appropriate in accordance with rules
adopted by the commission under this section, the director may impose
conditions on a permit for the protection of properties or sites listed on
or eligible for listing on the National Register of Historic Places or the
Indiana state register of historic sites and structures requiring that:
(1) mining operations not occur in the areas occupied by the
properties or sites; or
(2) measures be implemented to mitigate the effects of the
operation upon those properties or sites before mining.
(c) The commission shall adopt rules under IC 4-22-2 to
implement this section consistent with the following general principles:
(1) The commission's rules may not prohibit the use of
information from any source and shall recognize the
responsibilities of the state historic preservation officer under
IC 14-21-1-12 and IC 14-21-1-15.
(2) The commission's rules must provide for participation by
professional and amateur archeologists, anthropologists,
historians, or related experts in any:
(A) field investigations;
(B) studies; or
(C) records searches;
required by the director under this section.
(3) The commission's rules must strive to ensure that field
investigations and studies are required only where a substantial
likelihood exists that important and significant archeological or
historic sites are present.
(4) In considering the effect of proposed surface coal mining and
reclamation operations on a property or site eligible for listing on
the National Register of Historic Places, the director shall
consider the following:
(A) Based on information available from the division of
historic preservation and archeology of the Indiana library
and historical department, the relative importance of the
property or site compared to other properties or sites in
Indiana listed on or eligible for listing on the National
Register of Historic Places.
(B) The cost of an investigation of the permit area or site as
estimated by the applicant. A decision that an investigation
is not required may not be based on cost alone.
(5) This section does not authorize rules that impair the
ownership of artifacts or other material found on private land.
(d) The director may do the following:
(1) Investigate the possibility of obtaining available federal or
private:
(A) grants;
(B) subsidies; or
(C) aid;
to defer the cost to private individuals of measures required by
the director under this section.
(2) Apply for any:
(A) grants;
(B) aid; or
(C) subsidies;
that the director determines are available.
(e) In making the finding required by this section, the director shall
take into account the general principles set forth in subsection (c).
SOURCE: IC 20-11-3-5.5; (04)IN0465.1.96. -->
SECTION 96. IC 20-11-3-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5.5. (a) As used in this
section, "concerned state agency" includes the following state agencies
that are inherently concerned with the mission of the coalition as stated
in section 1 of this chapter:
(1) The state Indiana library and historical society. department.
(2) The department of workforce development.
(3) The department of correction.
(4) The office of the secretary of family and social services.
(5) The department of commerce.
(6) The department of education.
(b) The commissioner, director, or secretary of a concerned state
agency shall:
(1) appoint an ex officio member to serve on the coalition; and
(2) provide appropriate support to the coalition.
SOURCE: IC 20-14-12-1.1; (04)IN0465.1.97. -->
SECTION 97. IC 20-14-12-1.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.1. As used in this
chapter, "board" refers to the Indiana library and historical board
established under IC 4-23-7-2.
2005, as rules of the division of historic preservation and
archeology of the Indiana library and historical department.
(c) On July 1, 2005, all powers, duties, assets, appropriations,
fund balances, and liabilities of the department of natural
resources that are attributable to the division of historic
preservation and archeology are transferred to the division of
historic preservation and archeology of the Indiana library and
historical department.
(d) After June 30, 2005, a reference to the department of
natural resources in a statute or rule concerning the division of
historic preservation and archeology shall be treated as a reference
to the division of historic preservation and archeology of the
Indiana library and historical department.
(e) After June 30, 2005, a reference to the director of the
department of natural resources in a statute or rule concerning the
division of historic preservation and archeology shall be treated as
a reference to the director of the division of historic preservation
and archeology of the Indiana library and historical department.
SOURCE: ; (04)IN0465.1.106. -->
SECTION 106. [EFFECTIVE JULY 1, 2005] (a) The Indiana
state library of the Indiana library and historical department is a
continuation of the commission on public records (IC 5-15-5.1, as
amended by this act).
(b) The rules adopted by the commission on public records
shall be treated, after June 30, 2005, as rules of the Indiana library
board established by IC 4-23-7-2, as amended by this act.
(c) On July 1, 2005, all powers, duties, assets, appropriations,
fund balances, and liabilities of the commission on public records
are transferred to the Indiana state library of the Indiana library
and historical department.
(d) After June 30, 2005, a reference to the commission on
public records in a statute or rule shall be treated as a reference to
the Indiana state library of the Indiana library and historical
department.
(e) After June 30, 2005, a reference to the oversight committee
on public records in a statute or rule shall be treated as a reference
to the Indiana library board established by IC 4-23-7-2, as
amended by this act.
SOURCE: ; (04)IN0465.1.107. -->
SECTION 107. [EFFECTIVE JULY 1, 2004] (a) The legislative
services agency shall prepare legislation for introduction in the
2005 regular session of the general assembly to organize and
correct statutes affected by the transfer of responsibilities to the
Indiana library and historical department by this act.
(b) This SECTION expires June 30, 2005.
SOURCE: ; (04)IN0465.1.108. -->
SECTION 108. An emergency is declared for this act.
(Reference is to SB 64 as introduced.)
and when so amended that said bill be reassigned to the Senate Committee on Governmental Affairs and
Interstate Cooperation.