SB 524-1_ Filed 02/19/2009, 11:28 Merritt
Adopted 2/23/2009
SENATE MOTION
MADAM PRESIDENT:
I move
that Senate Bill 524 be amended to read as follows:
SOURCE: Page 1, line 1; (09)MO052401.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 1-1-3.5-5; (09)MO052401.1. -->
"SECTION 1. IC 1-1-3.5-5, AS AMENDED BY P.L.2-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 5. (a) The governor shall forward a copy of the
executive order issued under section 3 of this chapter to:
(1) the director of the Indiana state library
(established within
the department of Indiana heritage and cultural resources);
(2) the election division; and
(3) the Indiana Register.
(b) The director of the Indiana state library, or an employee of the
Indiana state library designated by the director to supervise a state data
center established under IC 4-23-7.1, shall notify each state agency
using population counts as a basis for the distribution of funds or
services of the effective date of the tabulation of population or
corrected population count.
(c) The agencies that the director of the Indiana state library must
notify under subsection (b) include the following:
(1) The auditor of state, for distribution of money from the
following:
(A) The cigarette tax fund in accordance with IC 6-7-1-30.1.
(B) Excise tax revenue allocated under IC 7.1-4-7-8.
(C) The local road and street account in accordance with
IC 8-14-2-4.
(2) The board of trustees of Ivy Tech Community College for the
board's division of Indiana into service regions under
IC 21-22-6-1.
(3) The lieutenant governor, for the distribution of money from
the rural development fund under IC 4-4-9.
(4) The division of disability and rehabilitative services, for
establishing priorities for community residential facilities under
IC 12-11-1.1 and IC 12-28-4-12.
(5) The department of state revenue, for distribution of money
from the motor vehicle highway account fund under IC 8-14-1-3.
(6) The Indiana economic development corporation, for the
evaluation of enterprise zone applications under IC 5-28-15.
(7) The alcohol and tobacco commission, for the issuance of
permits under IC 7.1.
(8) The Indiana state library, and historical board, for distribution
of money to eligible public library districts under IC 4-23-7.1-29.
(9) The state board of accounts, for calculating the state share of
salaries paid under IC 33-38-5, IC 33-39-6, and IC 33-41-2.
SOURCE: IC 2-6-1.5-3; (09)MO052401.2. -->
SECTION 2. IC 2-6-1.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The supervision
of the preparation and indexing of the journals of the house and senate
of each session of the general assembly shall be the duty of the clerk of
the house and the secretary of the senate, respectively.
(b) Copies of the journals of each house shall be distributed to all
state elected officials. Sufficient additional copies shall be furnished to
the Indiana state library (established under IC 4-34.1-2-2(6)) to
provide for the state-wide availability of the journals and to fill requests
from official agencies in other states.
SOURCE: IC 3-9-2-13; (09)MO052401.3. -->
SECTION 3. IC 3-9-2-13 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: 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) (1) IC 4-23-7-3.5 and IC 4-23-7.1-38 (Indiana state library).
(3) (2) IC 4-23-7-3.5 and 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 4-1-2-1; (09)MO052401.4. -->
SECTION 4. IC 4-1-2-1, AS AMENDED BY P.L.13-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. It is the intent of this chapter that state offices
be open and able to conduct public business at all times during an eight
and one-half (8 1/2) hour working day. Each employee shall work for
a full seven and one-half (7 1/2) hours each working day and provision
for a one (1) hour lunch period shall be provided each employee. Lunch
hours of employees shall be staggered to permit the conduct of business
at all times during a working day. Breaks shall be provided as set forth
in IC 5-10-6-2. It shall be lawful for state offices to close their doors for
business from the close of the working day each Friday or in the event
Friday is a legal holiday, then from the close of the working day on the
Thursday which immediately precedes such legal holiday, until the
commencement of the working day on the next following Monday, or
in the event Monday is a legal holiday, then until the commencement
of the working day on the Tuesday which immediately follows such
legal holiday; provided, however, that the state library may be kept
open until noon Saturdays in the discretion of the director of the
Indiana state library. and historical board.
SOURCE: IC 4-5-1-2; (09)MO052401.5. -->
SECTION 5. IC 4-5-1-2, AS AMENDED BY P.L.123-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. (a) The secretary of state shall keep and
preserve the following:
(1) The enrolled copy of the Constitution of the state.
(2) The manuscripts containing the enrolled acts and joint
resolutions of the general assembly.
(3) All the official bonds of state officers except the secretary of
state's bond.
(4) All written contracts to which the state is a party, unless
required to be deposited elsewhere.
(5) Any rule or other agency statement that is filed under
IC 4-22-2 before July 1, 2006.
(b) All documents described in subsection (a)(1), (a)(2), or (a)(5)
may be transferred for safekeeping by the secretary of state to the
commission on public records for safekeeping, and established within
the department of Indiana heritage and cultural resources by
IC 4-34.1-2-2(5). The commission shall receive and safely preserve
them the documents when transferred. The secretary of state and the
commission on public records shall establish an indexing system so
that the secretary of state, an agency, or the commission on public
records can comply with a request under IC 5-14-3 to inspect or copy
a transferred document described in subsection (a)(5), including the
full text of a matter incorporated by reference into a document
described in subsection (a)(5). The indexing system must at least
identify transferred documents by the following:
(1) Indiana Administrative Code citation.
(2) Indiana Register document control number or volume and
page number.
(3) Year of adoption.
(4) General subject matter.
(c) Regardless of whether a document described in subsection (a)(1)
or (a)(2) is transferred to the commission on public records under
subsection (b), when deemed expedient or necessary for the
preservation of the documents, the secretary of state may copy the
documents by any micrographic technique, and the micrographic
copies shall be stored in a place other than in the state capitol building
or the Indiana state library established within the department of
Indiana heritage and cultural resources by IC 4-34.1-2-2(6).
(d) The secretary of state may copy in micrographic form the
complete contents of each rule that is filed with the secretary of state's
office under IC 4-22-2 before July 1, 2006. Both the rule and the full
text of matters incorporated by reference into the rule may be copied.
(e) Micrographic copies prepared under subsection (d) must
conform with the following:
(1) The standards developed by the supreme court and the
oversight commission on public records under IC 5-15-5.1-8.
(2) The standards developed in an agreement between the
secretary of state, the publisher of the Indiana Register, the
governor, the attorney general, the Indiana state library, and
historical department, and the commission on public records.
(f) The secretary of state may micrographically copy documents
under subsection (d):
(1) in the micrographic laboratory operated by the commission on
public records under IC 5-15-5.1-8;
(2) with equipment and technology operated by the secretary of
state; or
(3) through a contract for services procured under IC 5-22.
(g) When a document is micrographically copied under this section,
the original documents shall never be destroyed even if microfilmed.
However, if the secretary of state has the capacity to make certifiable
copies from a micrographic media prepared under subsection (d), the
secretary of state may return to its originating agency the full text of
any matter that is incorporated by reference into a rule and
micrographically copied.
SOURCE: IC 4-15-2-3.8; (09)MO052401.6. -->
SECTION 6. IC 4-15-2-3.8, AS AMENDED BY P.L.1-2007,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: 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 and rehabilitative services,
division of aging, Fort Wayne State Developmental Center,
division of mental health and addiction, Larue D. Carter
Memorial Hospital, Evansville State Psychiatric Treatment Center
for Children, Evansville State Hospital, Logansport State
Hospital, Madison State Hospital, Richmond State Hospital, state
department of health, Indiana School for the Blind and Visually
Impaired, 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 homeland
security (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
resources, department of child services, 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 4-20.5-6-11; (09)MO052401.7. -->
SECTION 7. IC 4-20.5-6-11, AS ADDED BY P.L.29-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 11. (a) The department shall commission and
place within the state capitol a permanent display commemorating the
contributions of black citizens of Indiana to:
(1) the state;
(2) other governmental entities; and
(3) the private sector;
throughout the history of Indiana.
(b) The department shall consult with the Indiana historical bureau
established within the department of Indiana heritage and cultural
resources to:
(1) identify the individuals whose contributions are to be included
in the display; and
(2) assist in the design of the display.
(c) Not later than July 1, 2008, the department shall submit the plans
for the display to the legislative council for approval.
(d) After the legislative council has approved the plans for the
display, the department shall have the display constructed and placed
in the state capitol.
SOURCE: IC 4-20.5-6-12; (09)MO052401.8. -->
SECTION 8. IC 4-20.5-6-12, AS ADDED BY P.L.29-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 12. (a) The department shall commission and
place within the state capitol a bust of President Benjamin Harrison.
(b) The department shall consult with the Indiana historical bureau
established within the department of Indiana heritage and cultural
resources and the Indiana arts commission to assist in the design of the
bust.
(c) Not later than July 1, 2008, the department shall submit the plans
for the bust to the legislative council for approval.
(d) After the legislative council approves the plans for the bust, the
department shall have the bust made and placed in the state capitol.
SOURCE: IC 4-20.5-7-6; (09)MO052401.9. -->
SECTION 9. IC 4-20.5-7-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. The department shall
notify the following of the proposed transfer:
(1) Other state agencies.
(2) State educational institutions.
(3) The division of historic preservation and archeology of the
department of natural Indiana heritage and cultural resources
as required by IC 14-21-1-14.
SOURCE: IC 4-22-7-4; (09)MO052401.10. -->
SECTION 10. IC 4-22-7-4, AS AMENDED BY P.L.215-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. An agency shall maintain a copy of each rule
that has been filed with the secretary of state (including documents
filed with the secretary of state under IC 4-22-2-21) under a retention
schedule established by the commission on public records established
within the department of Indiana heritage and cultural resources
by IC 4-34.1-2-2(5).
SOURCE: IC 4-22-7-7; (09)MO052401.11. -->
SECTION 11. IC 4-22-7-7, AS AMENDED BY P.L.123-2006,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 7. (a) This section applies to the following agency
statements:
(1) Executive orders issued by the governor.
(2) Notices that a rule has been disapproved or objected to by the
attorney general under IC 4-22-2-32 or IC 4-22-2-38, or
disapproved or objected to by the governor under IC 4-22-2-34 or
IC 4-22-2-38.
(3) Official opinions of the attorney general (excluding advisory
letters).
(4) Official explanatory opinions of the state board of accounts
based on an official opinion of the attorney general.
(5) Any other statement:
(A) that:
(i) interprets, supplements, or implements a statute or rule;
(ii) has not been adopted in compliance with IC 4-22-2;
(iii) is not intended by its issuing agency to have the effect
of law; and
(iv) may be used in conducting the agency's external affairs;
or
(B) that specifies a policy that an agency relies upon to:
(i) enforce a statute or rule;
(ii) conduct an audit or investigation to determine
compliance with a statute or rule; or
(iii) impose a sanction for violation of a statute or rule.
This subdivision includes information bulletins, revenue rulings
(including, subject to IC 6-8.1-3-3.5, a letter of findings), and
other guidelines of an agency.
(6) A statement of the governor concerning extension of an
approval period under IC 4-22-2-34.
(b) Whenever an agency adopts a statement described by subsection
(a), the agency shall distribute electronic copies of the statement to the
publisher for publication and indexing in the Indiana Register (in the
format specified by the publisher under IC 4-22-2) and the copies
required by IC 4-23-7.1-26 to the Indiana state library. and historical
department. However, if a statement under subsection (a)(5)(B) is in
the form of a manual, book, pamphlet, or reference publication, the
publisher is required to publish only the title of the manual, book, or
reference publication.
(c) Every agency that adopts a statement described under subsection
(a) also shall maintain a current list of all agency statements described
in subsection (a) that it may use in its external affairs. The agency shall
update the listing at least every thirty (30) days. The agency shall
include on the list the name of the agency and the following
information for each statement:
(1) Title.
(2) Identification number.
(3) Date originally adopted.
(4) Date of last revision.
(5) Reference to all other statements described in subsection (a)
that are repealed or amended by the statement.
(6) Brief description of the subject matter of the statement.
(d) At least quarterly, every agency that maintains a list under
subsection (c) shall distribute two (2) copies to the Indiana state library
and historical department and the administrative rules oversight
committee.
SOURCE: IC 4-23-7-1; (09)MO052401.12. -->
SECTION 12. IC 4-23-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. There is hereby
created and (a) As used in this chapter, "advisory board" refers to
the library and historical advisory board established by subsection
(c).
(b) As used in this chapter, "commissioner" refers to the
commissioner of the department of Indiana heritage and cultural
resources established by IC 4-34.1-2-1.
(c) The library and historical advisory board is established. a
department of the state government which shall be known as the
Indiana Library and Historical Department.
SOURCE: IC 4-23-7-2; (09)MO052401.13. -->
SECTION 13. IC 4-23-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2.
(a) The
management
and control of the Indiana library and historical department is hereby
vested in a advisory board
which shall be known as the Indiana library
and historical board, and which shall consist consists of five (5)
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 members shall be
appointed for terms of four (4) years.
No A person
shall may not be
appointed as a member of the
Indiana library and historical advisory
board unless
he the person is a citizen of high standing and probity and
has a known and active interest in library or historical 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
shall be selected and appointed by the governor.
(b) The members of the advisory board shall serve without
compensation, but shall be are 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. 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, a recommendation or by
selection by the governor. as hereinbefore provided. The advisory
board may prepare recommend 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. Subject to the approval of the commissioner, the
advisory 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; (09)MO052401.14. -->
SECTION 14. IC 4-23-7-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2.1. (a) The Indiana
library and historical advisory 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 commissioner 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. commissioner.
SOURCE: IC 4-23-7-3; (09)MO052401.15. -->
SECTION 15. IC 4-23-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. The following are
established within the Indiana library and historical department
consists of two (2) divisions heritage and cultural resources
department:
(1) The Indiana state library established by IC 4-34.1-2-2(6). and
(2) The Indiana historical bureau established by
IC 4-34.1-2-2(4).
SOURCE: IC 4-23-7-3.2; (09)MO052401.16. -->
SECTION 16. IC 4-23-7-3.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3.2.
In perfecting the
internal organization of the department, The
board may so apportion
the duties of the department and of the several divisions thereof that
like services in the various divisions may be performed by the same
employee or employees for the entire department. commissioner is
responsible for the organizational structure of the Indiana state
library and the Indiana historical bureau.
SOURCE: IC 4-23-7-3.5; (09)MO052401.17. -->
SECTION 17. IC 4-23-7-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3.5. No A member of
the library and historical advisory board, nor any the commissioner,
the director, or other an employee of the department shall Indiana
state library or the Indiana historical bureau may not 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.
SOURCE: IC 4-23-7-5; (09)MO052401.18. -->
SECTION 18. IC 4-23-7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. Subject to the
provisions of this chapter, the library and historical advisory board
shall formulate recommend rules and regulations for the care,
management, and expansion of the library and historical department
Indiana state library and the Indiana historical bureau so that the
department and its several divisions Indiana state library and the
Indiana historical bureau may at all times be operated according to
the most approved standards of library and historical service.
SOURCE: IC 4-23-7-5.2; (09)MO052401.19. -->
SECTION 19. IC 4-23-7-5.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5.2. The Indiana library
and historical board commissioner may accept gifts, bequests, and
devises of personal and real property for the maintenance, use, or
benefit of the Indiana state library and Indiana historical department
bureau under such terms and conditions and with such obligations,
liabilities, and burdens as in the judgment of the board and the
governor commissioner is in the best interest of the Indiana state
library and Indiana historical department; bureau. However, no an
obligation, liability, or burden shall may not be assumed that is in
excess of appropriations made by law for the payment of such
obligations, liabilities, and burdens.
SOURCE: IC 4-23-7-5.3; (09)MO052401.20. -->
SECTION 20. IC 4-23-7-5.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5.3. (a) The Indiana
library and historical board may on the recommendation of the director
of the state library, commissioner may sell, lease, exchange, or
otherwise dispose of library materials under:
(1) IC 4-13-2-12; or
(2) IC 4-13-2-12.5.
(b) The Indiana library and historical board commissioner may, on
the recommendation of the director of the state library and in
accordance with policies and procedures adopted by the board,
director, sell, donate, or exchange library materials to or with other
public or nonprofit libraries or historical societies.
(c) The Indiana library and historical board commissioner may on
the recommendation of the director of the state library, adopt policies
and procedures for evaluating a proposal to:
(1) accept gifts of;
(2) sell;
(3) exchange; or
(4) otherwise dispose of;
library materials described in IC 4-23-7.1-3.
SOURCE: IC 4-23-7-5.4; (09)MO052401.21. -->
SECTION 21. IC 4-23-7-5.4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5.4. (a) The library and
historical department fund is established as a dedicated fund to be
administered by the Indiana library and historical board. department
of Indiana heritage and cultural resources. The monies in the fund
may be expended by the board department exclusively for the
maintenance, use, or benefit of the Indiana state library and Indiana
historical department. bureau.
(b) The proceeds from the sale of items as directed by law or by the
Indiana library and historical board, commissioner, 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 fund.
(c) All monies accruing in the 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 4-23-7-30; (09)MO052401.22. -->
SECTION 22. IC 4-23-7-30, AS AMENDED BY P.L.2-2007,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 30. (a) The Indiana library and historical advisory
board shall establish the council on library automation to:
(1) conduct ongoing planning activities for library automation in
Indiana; and
(2) advance the automation goals of Indiana's libraries through the
cooperation of the appropriate library agencies and organizations.
(b) The council on library automation consists of thirteen (13)
members as follows:
(1) One (1) member from the Indiana library and historical board.
(2) Two (2) members from area library services authorities.
(3) Two (2) members from the Indiana cooperative library
services authority.
(4) Two (2) members from the department of education.
(5) Two (2) members from the state educational institution library
automation committee.
(6) Two (2) members from the Indiana state library.
(7) Two (2) members from public libraries.
(c) With regard to the members described in subsection (b)(1)
through (b)(6), each respective entity or agency described in subsection
(b)(1) through (b)(6) shall forward its nominees for appointment on the
council to the Indiana library and historical board commissioner for
confirmation.
(d) The Indiana library and historical advisory board shall establish
a process to select the members appointed under subsection (b)(7).
(e) Except as provided in subsection (f), The terms of office for
council members is three (3) years.
(f) The Indiana library and historical board shall establish the
procedures for the council, including staggering the terms for initial
members of the council.
(g) (f) The council on library automation 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 on library automation shall provide an annual
report to the Indiana library and historical advisory 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 advisory board
funding strategies that support the goals and initiatives contained in the
statewide plan.
SOURCE: IC 4-23-7.1-1; (09)MO052401.23. -->
SECTION 23. IC 4-23-7.1-1, AS AMENDED BY P.L.1-2005,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1.
As used in The following definitions apply
throughout 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
advisory
board established by
IC 4-23-7-2. IC 4-23-7-1.
(4) "Department" means the Indiana library and historical
department established by IC 4-23-7-1.
(5) (4) "Director" means director of the Indiana state library.
(6) (5) "Historical bureau" means the Indiana historical bureau
established
by IC 4-23-7-3. within the department of Indiana
heritage and cultural resources by IC 4-34.1-2-2(4).
(7) (6) "Public library" has the meaning set forth in IC 36-12-1-5.
(8) (7) "State library" means the Indiana state library established
by IC 4-23-7-3. within the department of Indiana heritage and
cultural resources by IC 4-34.1-2-2(6).
(9) (8) "Statewide library card program" refers to the program
established by section 5.1 of this chapter.
SOURCE: IC 4-23-7.1-4; (09)MO052401.24. -->
SECTION 24. IC 4-23-7.1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. With the advice of
the board, the state library shall initiate or participate in plans or
programs for historical or library development in Indiana that are
considered appropriate. by the Indiana library and historical board.
SOURCE: IC 4-23-7.1-5.1; (09)MO052401.25. -->
SECTION 25. IC 4-23-7.1-5.1, AS AMENDED BY P.L.1-2005,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: 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 director 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.
SOURCE: IC 4-23-7.1-5.2; (09)MO052401.26. -->
SECTION 26. IC 4-23-7.1-5.2, AS AMENDED BY P.L.1-2005,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 5.2. (a) As used in this section, "fund" refers to the
statewide library card fund established by subsection (b).
(b) The statewide library card fund is established as a dedicated
fund to be administered by the state library. Money in the fund shall be
disbursed by the director of the state library exclusively for:
(1) the costs of administering the statewide library card program;
or
(2) distribution to eligible public libraries for services related to
loans of books or other library items under the statewide library
card program.
(c) A public library is eligible for a distribution of money from the
fund if the board director determines that the public library:
(1) meets the standards for public libraries established by rules of
the board director or the board director has granted the public
library a waiver from these standards; and
(2) charges a fee in the amount required under IC 36-12-2-25 for
issuing a local library card to a nonresident of the public library
district.
(d) After consultation with the board, the board director shall
adopt rules under IC 4-22-2 to establish a formula for the distribution
of money in the fund to eligible public libraries. The formula must base
the amount of money paid to an eligible public library upon the number
of net loans made by the eligible public library under the statewide
library card program.
(e) The fees collected under section 5.1 of this chapter shall be
deposited in the fund. Interest earned on money in the fund shall be
deposited in the fund.
(f) Money in the fund is appropriated continuously for the purposes
specified in this section and section 5.1 of this chapter.
(g) Money in the fund at the end of a state fiscal year does not revert
to the state general fund. If the fund is abolished, any money in the
fund reverts to the state general fund.
SOURCE: IC 4-23-7.1-11; (09)MO052401.27. -->
SECTION 27. IC 4-23-7.1-11, AS AMENDED BY P.L.130-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 11. (a) The board, director, with the advice of the
advisory council, shall establish operating standards and rules for
libraries eligible to receive funds, either federal or state, under the
provisions of any program for which the Indiana state library is the
administrator. The Indiana state library shall monitor libraries eligible
to receive funds or receiving funds to ascertain whether or not the
standards and rules are being met.
(b) The board, director, with the advice of the council on library
automation established under IC 4-23-7-30, shall establish library
automation standards for libraries. The Indiana state library shall
monitor compliance with the standards.
SOURCE: IC 4-23-7.1-15; (09)MO052401.28. -->
SECTION 28. IC 4-23-7.1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. The 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. director.
SOURCE: IC 4-23-7.1-16; (09)MO052401.29. -->
SECTION 29. IC 4-23-7.1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. The state library
shall retain copies of all reports, documents, bulletins, or other
publications as may be necessary for its use or the use of the historical
bureau, and the copies remaining shall be distributed and exchanged in
such manner as may be prescribed by the board. director.
SOURCE: IC 4-23-7.1-21; (09)MO052401.30. -->
SECTION 30. IC 4-23-7.1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 21. The board director
shall determine the days and hours the library and its subdivisions will
be open for public use. However, the provisions of the laws governing
the length of the working day, the hours of public business, and the
observance of legal holidays shall be observed.
SOURCE: IC 4-23-7.1-22; (09)MO052401.31. -->
SECTION 31. IC 4-23-7.1-22, AS AMENDED BY P.L.130-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 22. (a) The Indiana state library annually shall
collect data from all libraries in Indiana.
(b) Each public officer who:
(1) has in the officer's charge or custody;
(2) is capable of supplying; or
(3) is required to collect and compile;
information required by the library and historical department bureau
or by the state library shall supply the information promptly at the
request of the department bureau or the state library.
SOURCE: IC 4-23-7.1-23; (09)MO052401.32. -->
SECTION 32. IC 4-23-7.1-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 23. The enumeration
of the specific powers and duties in this chapter does not exclude the
state library from engaging in any other activity, not contrary to law,
that the Indiana library and historical board director may consider
appropriate in the development of library service to state government,
to the libraries and library profession of Indiana, and to the citizens of
the state.
SOURCE: IC 4-23-7.1-24; (09)MO052401.33. -->
SECTION 33. IC 4-23-7.1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 24. The board director
may promulgate rules, under IC 4-22-2, to carry out the provisions and
purpose of this chapter.
SOURCE: IC 4-23-7.1-32; (09)MO052401.34. -->
SECTION 34. IC 4-23-7.1-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 32. Any book or other
library material, unless restricted because of its value, physical
condition, historical importance, demand, requirement for research or
legal or contractual restriction, belonging to or in custody of the state
library may be borrowed for use outside of the library by any resident
of the state or any library in accordance with rules adopted by the
Indiana library and historical board. director.
SOURCE: IC 4-23-7.1-33; (09)MO052401.35. -->
SECTION 35. IC 4-23-7.1-33 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 33. Rules for all loans
including, at its discretion, the imposition of fines on borrowers for
violation of the rules, shall be established by the board. director. All
funds accruing from such fines shall be deposited in the state library
publications fund.
SOURCE: IC 4-23-7.1-36; (09)MO052401.36. -->
SECTION 36. IC 4-23-7.1-36 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 36. The state library
shall be organized in such manner as determined by the director, with
the approval of after consultation with the board. The duties of the
state library established by law may be supplemented by the board
director according to its the director's discretion.
SOURCE: IC 4-23-7.1-37; (09)MO052401.37. -->
SECTION 37. IC 4-23-7.1-37 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 37. (a) The board shall
appoint a director to be the chief administrative officer of the state
library.
(b) To qualify for the position of director, 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 may be removed by the board at any time for cause.
SOURCE: IC 4-23-7.1-38; (09)MO052401.38. -->
SECTION 38. IC 4-23-7.1-38 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 38. (a) All state library
employees, except the director, shall be selected by the director with
the approval of the board and may be removed by the director for cause
at any time with the approval of the board.
(b) (a) In making selections for employment, recognition shall be
given to the fact that all certified librarians are under the Library
Certification Act. and that other staff personnel are under IC 4-15-2.
(c) (b) 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. The director shall fix the compensation of the employees of
the state library with the approval of the board and the state budget
agency.
SOURCE: IC 4-23-7.1-39; (09)MO052401.39. -->
SECTION 39. IC 4-23-7.1-39 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 39. (a) The Indiana
state library advisory council is established for the purpose of advising
the board and the state librarian concerning:
(1) general policies of the Indiana state library;
(2) plans or programs for library development and interlibrary
cooperation;
(3) library research;
(4) professional development for librarians;
(5) standards and rules for library services;
(6) administration and distribution of state and federal funds; and
(7) other matters as requested by the board and the state librarian.
(b) The advisory council consists of no fewer than at least fifteen
(15) members.
(c) The membership of the council must be broadly representative
and comply with the requirements established by the federal
Department of Education under 34 C.F.R. CFR 770.
(d) The board shall appoint the members of the council with
nominations for appointment from library organizations and the state
librarian.
(e) Members of the advisory council shall serve two (2) year terms.
(f) A member of the advisory council is not entitled to:
(1) the minimum salary per diem provided by IC 4-10-11-2.1(b);
or
(2) reimbursement from state funds for traveling expenses and
other expenses actually incurred in connection with the member's
duties.
SOURCE: IC 4-23-7.2-1; (09)MO052401.40. -->
SECTION 40. IC 4-23-7.2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. As used in 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 advisory board
established by IC 4-23-7-2. IC 4-23-7-1.
(3) "Department" means the Indiana library and historical
department established by IC 4-23-7-1.
(4) (3) "Director" means the director of the Indiana historical
bureau.
(5) (4) "Historical bureau" means the Indiana historical bureau
established by IC 4-23-7-3. within the department of Indiana
heritage and cultural resources by IC 4-34.1-2-2(4).
(6) (5) "Library" means the Indiana state library established by
IC 4-23-7-3. within the department of Indiana heritage and cultural
resources by IC 4-34.1-2-2(6).
SOURCE: IC 4-23-7.2-3; (09)MO052401.41. -->
SECTION 41. IC 4-23-7.2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. The historical bureau
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 of Indiana heritage and
cultural resources or the historical bureau.
SOURCE: IC 4-23-7.2-4; (09)MO052401.42. -->
SECTION 42. IC 4-23-7.2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. The historical bureau
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. director.
SOURCE: IC 4-23-7.2-5; (09)MO052401.43. -->
SECTION 43. IC 4-23-7.2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: 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 shall be defrayed out of funds at the
disposal of the bureau which may be appropriated by law for that
purpose, and shall be printed by the commission on public records
established within the department of Indiana heritage and cultural
resources by IC 4-34.1-2-2(5), 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.
SOURCE: IC 4-23-7.2-6; (09)MO052401.44. -->
SECTION 44. IC 4-23-7.2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. One (1) copy of each
publication issued by the historical bureau 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 at a price which shall be fixed by the board.
director.
SOURCE: IC 4-23-7.2-8; (09)MO052401.45. -->
SECTION 45. IC 4-23-7.2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) The governors'
portraits collection is placed in the custody of the Indiana historical
bureau. 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.
(b) The director 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.
(c) After the inauguration of each governor, the director, 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 and the governor.
(d) The historical bureau 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 may use appropriated funds or
any other funds provided for these purposes.
(e) The director, in discharging the duties under this section, shall
use the appropriate cultural and technical resources of the state,
including the department of natural Indiana heritage and cultural
resources and the Indiana department of administration.
SOURCE: IC 4-23-7.2-11; (09)MO052401.46. -->
SECTION 46. IC 4-23-7.2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. (a) The historical
bureau shall establish the Indiana historical marker program for
marking historical sites in Indiana. As a part of this program, the
historical bureau 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. All historical markers in the state
format shall be provided by the historical bureau 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 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 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, director, 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 as to its
historical accuracy. This provision is in addition to any other
requirement of law.
SOURCE: IC 4-23-7.2-14; (09)MO052401.47. -->
SECTION 47. IC 4-23-7.2-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 14. The board director
may promulgate adopt rules under IC 4-22-2 to carry out the
provisions and purpose of this chapter.
SOURCE: IC 4-23-7.2-15; (09)MO052401.48. -->
SECTION 48. IC 4-23-7.2-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. The historical
bureau shall be organized in such manner as determined by the director
with the approval advice of the board. The duties of the historical
bureau established by law may be supplemented by the board
according to its discretion.
SOURCE: IC 4-23-7.2-16; (09)MO052401.49. -->
SECTION 49. IC 4-23-7.2-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) The board shall
appoint a director to be the chief administrative officer of the historical
bureau.
(b) To qualify for the position of director, a person must:
(1) be a graduate of a college or university of recognized
standing;
(2) have had special training in the nature, relative value, and use
of historical source material;
(3) have had special training in the editing of historical
publications; and
(4) possess such other qualifications as the board, in its discretion,
may deem necessary.
(c) The director may be removed by the board at any time for cause.
SOURCE: IC 4-23-7.2-17; (09)MO052401.50. -->
SECTION 50. IC 4-23-7.2-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 17. (a) All historical
bureau employees, except the director, shall be selected by the director
with the approval of the board and may be removed by the director for
cause at any time with the approval of the board.
(b) Any or all of the Historical bureau 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.
(c) 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.
(d) The state budget agency shall fix the compensation of the
director. The director shall fix the compensation of the employees of
the historical bureau, with the approval of the board and the state
budget agency.
(e) No employee of the historical bureau 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) All historical bureau employees are under IC 4-15-2.
SOURCE: IC 4-23-7.2-18; (09)MO052401.51. -->
SECTION 51. IC 4-23-7.2-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 18. The board director
may appoint an advisory committee of not to exceed nine (9) members,
who shall consult and advise with the director of the historical bureau
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 advisory committee so
appointed shall serve without compensation.
SOURCE: IC 4-23-8-1; (09)MO052401.52. -->
SECTION 52. IC 4-23-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. Express power and
authority is hereby given to the Indiana
state library and
the Indiana
historical
board bureau to accept gifts, bequests, and devises of
personal and real property for the maintenance, use or benefit of the
Indiana state library and the Indiana historical department. bureau,
respectively.
SOURCE: IC 4-23-8-2; (09)MO052401.53. -->
SECTION 53. IC 4-23-8-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. Said The Indiana
state library and the Indiana historical board bureau 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 board the bureau and with the approval of the governor
commissioner of the department of Indiana heritage and cultural
resources, it shall be is determined that it is for the best interest of said
department the Indiana state library or the Indiana historical
bureau to do so. Provided, However, That no an obligation, liability,
or burden shall may not 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; (09)MO052401.54. -->
SECTION 54. IC 4-23-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. Any law to the
contrary notwithstanding, any gift, bequest, or devise received by said
the Indiana state library and or Indiana historical board, shall bureau
is not be required to be covered into the general fund, but shall be
administered by said board the Indiana state library or the Indiana
historical bureau according to the terms of said gift, bequest, or
devise.
SOURCE: IC 4-23-9-1; (09)MO052401.55. -->
SECTION 55. IC 4-23-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. The annual reports
of the meetings of the Indiana Academy of Science, beginning with the
report for the year 1894, including all papers of scientific or economic
value presented at such meetings, after they shall have been edited and
prepared for publication, shall be published by the commission on
public records established within the department of Indiana
heritage and cultural resources by IC 4-34.1-2-2(5).
SOURCE: IC 4-23-9-2; (09)MO052401.56. -->
SECTION 56. IC 4-23-9-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. The reports shall be
edited and prepared for publication without expense to the state, by a
corps of editors to be selected and appointed by the Indiana Academy
of Science, who shall not, by reason of such services, have any claim
against the state for compensation. The form, style of binding, paper,
typography and manner and extent of illustration of the reports shall be
determined by the editors, subject to the approval of the commission on
public records established within the department of Indiana
heritage and cultural resources by IC 4-34.1-2-2(5). Not less than
fifteen hundred (1,500) nor more than three thousand (3,000) copies of
each of said reports shall be published, the size of the edition to be
determined by the concurrent action of the editors and the commission
on public records.
SOURCE: IC 4-34-3-2; (09)MO052401.57. -->
SECTION 57. IC 4-34-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) Money in the
fund shall be allocated annually to libraries, including the INSPIRE
project.
(b) The Indiana state library and historical board established by
IC 4-23-7-2 IC 4-34.1-2-2(6) and the budget agency may jointly make
rules necessary or appropriate to the administration of this chapter.
(c) Each library in Indiana is entitled in each calendar year to apply
to the Indiana state library and historical board for a grant for a
technology project. From time to time, but not more often than
semiannually, the Indiana state library and historical board shall make
recommendations to the budget agency as to grants from the Indiana
technology fund. After review by the budget committee established by
IC 4-12-1-3 and approval by the governor, the budget agency may allot
money to the Indiana state library and historical board for the grants.".
SOURCE: Page 1, line 12; (09)MO052401.1. -->
Page 1, between lines 12 and 13, begin a new paragraph and insert:
"
Sec. 4. "Fund" for purposes of IC 4-34.1-2-5, refers to the
Indiana heritage and cultural resources fund.".
Page 1, line 13, delete "Sec. 4." and insert "
Sec. 5.".
Page 1, line 13, delete "and present" and insert "
, present, and
future".
Page 2, line 2, after "Indiana;" delete "and".
Page 2, line 3, delete "cultures." and insert "
culture; and".
Page 2, between lines 3 and 4, begin a new line block indented and
insert:
"
(5) cultural resources, including art, music, cuisine,
literature, and humanities.".
Page 2, line 16, delete "department consists of the office of the" and
insert "
following are established within the department:
(1) The office of the commissioner (IC 4-34.1-3).
(2) The division of historical preservation and archeology (IC
14-21).
(3) The division of state museums and historic sites (IC 14-20).
(4) The Indiana historical bureau (IC 4-23-7).
(5) The commission on public records (IC 5-15-5.1).
(6) The Indiana state library (IC 4-23-7).
(7) The Wabash River heritage corridor commission (IC
14-13-6).
(8) The state house tour office.
(9) The historic bridge marketing program.".
Page 2, delete line 17.
Page 2, line 31, delete "department of".
Page 3, between lines 5 and 6, begin a new paragraph and insert:
"
Sec. 6. The governor shall, with the recommendation of the
commissioner, appoint the director of each division, bureau, or
other agency established within the department.
Sec. 7. Except for the salary and compensation of the
commissioner, the salaries and compensation of the directors
appointed under section 6 of this chapter shall be fixed by the
commissioner and approved by the budget agency as provided in
IC 4-12-1-13.
Sec. 8. Each director appointed under section 6 of this chapter
shall:
(1) with the approval of the commissioner and in the manner
provided by IC 4-15-2, appoint the employees that are hired
within the director's division; and
(2) fix the employees' compensation, subject to the approval
of the budget agency under IC 4-12-1-13.
An employee may be removed by the director for cause at any time
with the approval of the commissioner.
Sec. 9. (a) The commissioner shall:
(1) enter into an agreement with another state agency to
provide; or
(2) appoint;
administrative law judges for the department.
(b) A person who is not an administrative law judge under
subsection (a) may not act as an administrative law judge under
this article.
(c) An administrative law judge is subject to IC 4-15-2.
(d) The commissioner may create a division of hearings to assist
in performing the functions of this section.
Sec. 10. (a) As used in this section, "heritage and cultural
agency" refers to a division, bureau, or other agency established
within the department under IC 4-34.1-2-2. The term includes any
board or commission that is within a heritage and cultural agency.
(b) The rules adopted before July 1, 2009, concerning a heritage
and cultural agency shall be treated, after June 30, 2009, as rules
of the department.
(c) On July 1, 2009, all powers, duties, property, assets, and
liabilities of a heritage and cultural agency are transferred to the
department of Indiana heritage and cultural resources established
by this article as the successor agency.
(d) On July 1, 2009, all powers, duties, assets, and liabilities that
are attributable to a heritage and cultural agency are transferred
to the department.
(e) After June 30, 2009, any reference to:
(1) a heritage and cultural agency in a statute or rule
concerning the heritage and cultural agency shall be treated
as a reference to the department of Indiana heritage and
cultural resources;
(2) a heritage and cultural agency in a statute or rule shall be
treated as a reference to the department of Indiana heritage
and cultural resources; and
(3) the director of a heritage and cultural agency in a statute
or rule shall be treated as a reference to the commissioner of
the department of Indiana heritage and cultural resources.
(f) The transfers made under this section from a heritage and
cultural agency to the department do not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtedness
issued, incurred, or made;
(6) any tax levies made or authorized;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of any contracts,
easements, or leases executed;
(10) the validity, continuation, expiration, scope, termination,
suspension, or revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority;
before July 1, 2009 Those rights, liabilities, penalties, violations,
proceedings, bonds, notes, loans, other forms of indebtedness, tax
levies, funds, patents, contracts, easements, leases, permits,
licenses, certificates of registration, grants of authority, and
limitations of authority continue and shall continue to be imposed
and enforced.".
Page 3, between lines 14 and 15, begin a new paragraph and insert:
" Sec. 4. The commissioner shall supervise the work of the
department.
Sec. 5. The commissioner may adopt rules under IC 4-22-2 that
are necessary to administer the department and the duties of the
commissioner.
SOURCE: IC 5-15-1-1; (09)MO052401.59. -->
SECTION 59. IC 5-15-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Any officer,
office, court, commission, board, institution, department, agent, or
employee of the state, county, or any political subdivision being
charged with the duty or authorized or required by law to record,
preserve, keep, maintain, or file any record, document, plat, paper or
instrument-in-writing, may, whenever any such officer, office, court,
commission, board, institution, department, agent, or employee of the
state, county, or any political subdivision shall deem it necessary, for
the purpose of recording or copying same, preserving and protecting
same, reducing space required for storage or filing of same, or any
similar purpose, have or cause to have any or all such records recorded,
copied, or reproduced by any photostatic, photographic, micrographic,
electronic, or other process which correctly and accurately copies or
reproduces, recreates, or forms a medium of copying or reproducing the
original record, document, plat, paper, or instrument-in-writing. Any
officer, office, court, commission, board, institution, department, agent,
or employee of the state may have or cause to have records recorded,
copied, or reproduced under this subsection by any optical imaging
process that correctly and accurately copies or reproduces, recreates,
or forms a medium of copying or reproducing the original record,
document, plat, paper, or instrument-in-writing.
(b) The original filing record may be destroyed if:
(1) the record has been copied or is capable of being reproduced
or recreated under subsection (a); and
(2) the commission on public records established within the
department of Indiana heritage and cultural resources by
IC 4-34.1-2-2(5), as to state records, or the commission of public
records of the respective county, as to records of counties and
other local units of government, has decided to destroy the
original record.
(c) Copies, recreations, or reproductions made under subsection (a):
(1) shall have the same force and effect at law as the original
record destroyed under subsection (b); and
(2) shall be received as evidence in any court where the original
record could have been so introduced;
if the recreations, copies, or reproductions are properly certified as to
authenticity and accuracy by a duly constituted official custodian of
such records.
(d) All micrographics processes done under this chapter shall
comply with the quality standards developed under IC 5-15-5.1-8.
(e) This section does not apply to the state court administration
division of the supreme court.
SOURCE: IC 5-15-5.1-1; (09)MO052401.60. -->
SECTION 60. IC 5-15-5.1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. As used in this
chapter:
"Commission" means the commission on public records
created by
this chapter. established within the department of Indiana heritage
and cultural resources by IC 4-34.1-2-2(5).
"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 for the preservation of those records and other government
papers that have been determined by the commission to have sufficient
permanent values to warrant their continued preservation by the state.
"Forms management" means the program maintained by the
commission 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 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
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.
SOURCE: IC 5-15-5.1-3; (09)MO052401.61. -->
SECTION 61. IC 5-15-5.1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. There is created The
commission on public records to established within the department
of Indiana heritage and cultural resources by IC 4-34.1-2-2(5) 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 shall offer its services
to the legislative and judicial branches of state government.
SOURCE: IC 5-15-5.1-4; (09)MO052401.62. -->
SECTION 62. IC 5-15-5.1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) Subject to the
approval of the governor, the commissioner of the department of
Indiana heritage and cultural resources shall appoint a director as
the executive head of the commission. The director must be versed in
the principles of information and forms management, archives, and the
affairs and organization of state government. The director shall serve
a term of four (4) years. However, the director may be removed for
cause by the governor. It is the intent of the general assembly that the
director be a person who is qualified by training and experience to
administer the affairs of the commission and that the director's tenure
of office is limited only by the director's ability and the proper
performance of the director's duties.
(b) The director, subject to the approval of the governor and the
budget agency, shall appoint such staff as necessary to implement this
chapter.
(c) The salary of the director is subject to the approval of the
governor and the budget agency. Salaries of the staff are subject to the
approval of the state personnel department and the budget agency. The
provisions of IC 4-15-2 apply to the staff of the commission.
SOURCE: IC 5-15-5.1-18; (09)MO052401.63. -->
SECTION 63. IC 5-15-5.1-18, AS AMENDED BY P.L.177-2005,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 18. (a) The oversight committee on public records
consists ex officio of:
(1) the governor or the governor's designee;
(2) the secretary of state or the secretary's designee;
(3) the state examiner of the state board of accounts or the state
examiner's designee;
(4) the director of the state library;
(5) the director of the historical bureau;
(6) the director of the commission on public records;
(7) the commissioner of the department of administration or the
commissioner's designee;
(8) the public access counselor; and
(9) the chief information officer of the office of technology
appointed under IC 4-13.1-2-3 or the chief information officer's
designee.
(b) The oversight committee also consists of two (2) lay members
appointed by the governor for a term of four (4) years. One (1) lay
member shall be a professional journalist or be a member of an
association related to journalism.
(c) The oversight committee shall elect one (1) of its members to be
chairman. The director of the commission on public records shall be
the secretary of the committee. The ex officio members of the oversight
committee shall serve without compensation and shall receive no
reimbursement for any expense which they may incur. Each lay
member is entitled to reimbursement for traveling and other expenses
as provided in the state travel policies and procedures, established by
the department of administration and approved by the budget agency
and each lay member is entitled to the minimum salary per diem as
provided in IC 4-10-11-2.1(b).
SOURCE: IC 5-15-5.1-19; (09)MO052401.64. -->
SECTION 64. IC 5-15-5.1-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 19. (a) It is the duty of
the oversight committee to:
(1) function as the policy making advisory body for the
commission; and
(2) determine recommend what records have no apparent official
value but should be preserved for research or other purposes.
(b) The oversight committee shall maintain a master list of all
record series that are classified as confidential by statute or rule.
(c) The oversight committee has final shall recommend approval
of all record retention schedules.
(d) The oversight committee has final approval of shall recommend
a fee schedule established by the commission under section 5(a)(16) of
this chapter.
SOURCE: IC 5-15-5.1-20; (09)MO052401.65. -->
SECTION 65. IC 5-15-5.1-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 20. (a) The oversight
committee shall:
(1) establish recommend standards for safeguarding personal
information systems that shall to be followed by agencies
maintaining such systems;
(2) approve recommend the content of all forms that involve
confidential records; and
(3) require recommend the use of archival quality paper for
records that the commission determines should be preserved
indefinitely.
(b) The oversight committee may adopt may recommend the
adoption of rules under IC 4-22-2 necessary for the performance of its
the commission's duties, consistent with this chapter and other
applicable Indiana laws.
SOURCE: IC 5-15-6-2; (09)MO052401.66. -->
SECTION 66. IC 5-15-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) It shall be the
duty of the county commission to determine the following:
(1) Which public records, if any, are no longer of official or
historical value.
(2) Which public records are of current official value and should
be retained in the office where they are required to be filed.
(3) Which public records are of official value but are consulted
and used so infrequently that they are no longer of appreciable
value to the officer with whom they are required to be filed.
(4) Which public records are of no apparent official value but
which do have historical value.
(b) The county commission may request the assistance of the
commission on public records established under IC 5-15-5.1 within the
department of Indiana heritage and cultural resources by
IC 4-34.1-2-2(5) in developing records management programs.
SOURCE: IC 5-22-22-1; (09)MO052401.67. -->
SECTION 67. IC 5-22-22-1, AS AMENDED BY P.L.188-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. (a) This chapter applies only to personal
property owned by a governmental body.
(b) This chapter does not apply to dispositions of property described
in any of the following:
(1) IC 5-22-21-1(b).
(2) IC 36-1-11-5.5.
(3) IC 36-1-11-5.7.
(c) This chapter does not apply to any of the following:
(1) The disposal of property under an urban homesteading
program under IC 36-7-17.
(2) The lease of school buildings under IC 20-47.
(3) The sale of land to a lessor in a lease-purchase contract under
IC 36-1-10.
(4) The disposal of property by a redevelopment commission
established under IC 36-7.
(5) The leasing of property by a board of aviation commissioners
established under IC 8-22-2 or an airport authority established
under IC 8-22-3.
(6) The disposal of a municipally owned utility under IC 8-1.5.
(7) The sale or lease of property by a unit (as defined in
IC 36-1-2-23) to an Indiana nonprofit corporation organized for
educational, literary, scientific, religious, or charitable purposes
that is exempt from federal income taxation under Section 501 of
the Internal Revenue Code or the sale or reletting of that property
by the nonprofit corporation.
(8) The disposal of surplus property by a hospital established and
operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8,
IC 16-23-1, or IC 16-24-1.
(9) The sale or lease of property acquired under IC 36-7-13 for
industrial development.
(10) The sale, lease, or disposal of property by a local hospital
authority under IC 5-1-4.
(11) The sale or other disposition of property by a county or
municipality to finance housing under IC 5-20-2.
(12) The disposition of property by a soil and water conservation
district under IC 14-32.
(13) The disposal of surplus property by the health and hospital
corporation established and operated under IC 16-22-8.
(14) The disposal of personal property by a library board under
IC 36-12-3-5(c).
(15) The sale or disposal of property by the historic preservation
commission under IC 36-7-11.1.
(16) The disposal of an interest in property by a housing authority
under IC 36-7-18.
(17) The disposal of property under IC 36-9-37-26.
(18) The disposal of property used for park purposes under
IC 36-10-7-8.
(19) The disposal of textbooks that will no longer be used by
school corporations under IC 20-26-12.
(20) The disposal of residential structures or improvements by a
municipal corporation without consideration to:
(A) a governmental body; or
(B) a nonprofit corporation that is organized to expand the
supply or sustain the existing supply of good quality,
affordable housing for residents of Indiana having low or
moderate incomes.
(21) The disposal of historic property without consideration to a
nonprofit corporation whose charter or articles of incorporation
allows the corporation to take action for the preservation of
historic property. As used in this subdivision, "historic property"
means property that is:
(A) listed on the National Register of Historic Places; or
(B) eligible for listing on the National Register of Historic
Places, as determined by the division of historic preservation
and archeology of established within the department of
natural Indiana heritage and cultural resources by
IC 4-34.1-2-2(2).
(22) The disposal of real property without consideration to:
(A) a governmental body; or
(B) a nonprofit corporation that exists for the primary purpose
of enhancing the environment;
when the property is to be used for compliance with a permit or
an order issued by a federal or state regulatory agency to mitigate
an adverse environmental impact.
(23) The disposal of property to a person under an agreement
between the person and a governmental body under IC 5-23.
SOURCE: IC 5-28-13-5; (09)MO052401.68. -->
SECTION 68. IC 5-28-13-5, AS ADDED BY P.L.4-2005,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 5. The center shall establish an information file on
all state agency permit requirements that affect business activities in
Indiana. The center shall:
(1) develop methods for maintaining, updating, and providing
ready access to the information file;
(2) use the information file to provide comprehensive information
concerning permit requirements affecting business activities; and
(3) use the information file to provide the commission on public
records established within the department of Indiana heritage
and cultural resources by IC 4-34.1-2-2(5) with information
that will enable the commission to consolidate, simplify, expedite,
or otherwise improve permit procedures.
SOURCE: IC 6-1.1-6.8-1; (09)MO052401.69. -->
SECTION 69. IC 6-1.1-6.8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. As used in this
chapter, "director" refers to the director of the division of historic
preservation and archeology of the department of natural Indiana
heritage and cultural resources.
SOURCE: IC 6-3.1-16-2; (09)MO052401.70. -->
SECTION 70. IC 6-3.1-16-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. As used in this
chapter, "division" means the division of historic preservation and
archaeology of established within the department of natural Indiana
heritage and cultural resources by IC 4-34.1-2-2(2).
SOURCE: IC 6-3.1-22-2; (09)MO052401.71. -->
SECTION 71. IC 6-3.1-22-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. As used in this
chapter, "division" means the division of historic preservation and
archeology of established within the department of natural Indiana
heritage and cultural resources by IC 4-34.1-2-2(2).
SOURCE: IC 10-18-1-10; (09)MO052401.72. -->
SECTION 72. IC 10-18-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. (a) 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 Indiana heritage and
cultural resources.
SOURCE: IC 13-14-1-11.5; (09)MO052401.73. -->
SECTION 73. IC 13-14-1-11.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11.5. (a) If the
department proposes to utilize a policy or statement that:
(1) interprets, supplements, or implements a statute or rule;
(2) has not been adopted in compliance with IC 4-22-2;
(3) is not intended by the department to have the effect of law;
and
(4) is not related solely to internal department organization;
the proposed policy or statement may not be put into effect until the
requirements of subsection (b) have been met.
(b) The department shall present the proposed policy or statement
under subsection (a) to the appropriate board. At least forty-five (45)
days before the presentation, the department shall make available to the
public, including posting on the department's web site:
(1) the proposed policy or statement;
(2) information on the availability for public inspection of all
materials relied upon by the department in the development of the
proposed policy or statement, including, if applicable:
(A) health criteria;
(B) analytical methods;
(C) treatment technology;
(D) economic impact data;
(E) environmental assessment data; and
(F) other background data;
(3) the date, time, and location of the presentation under this
subsection to the appropriate board; and
(4) information regarding the opportunity for a person to comment
to the department and the appropriate board on the proposed
policy or statement before or at the time of the presentation under
this subsection.
The department shall provide to the appropriate board at the time of the
presentation under this subsection a copy of all comments made by a
person under subdivision (4). The proposed policy or statement may
not be put into effect until thirty (30) days after the policy or statement
is presented to the appropriate board.
(c) If the department utilizes a policy or statement described in
subsection (a), the department shall distribute:
(1) two (2) copies of the policy or statement to the publisher of
the Indiana Register for publication in the Indiana Register; and
(2) the copies required under IC 4-23-7.1-26 to the Indiana
state
library.
and historical department.
(d) The department shall:
(1) maintain a current list of all department policies and
statements described in subsection (a) that the department may
use in the department's external affairs; and
(2) update the list at least one (1) time each month.
(e) The department shall include the following information on the
list described in subsection (d) for each policy or statement:
(1) The title of the policy or statement.
(2) The identification number of the policy or statement.
(3) The date the policy or statement was originally adopted.
(4) The date the policy or statement was last revised.
(5) A reference to all other policies or statements described in
subsection (a) that are repealed or amended by the policy or
statement.
(6) A brief description of the subject matter of the policy or
statement.
(f) At least one (1) time every three (3) months, the department shall
distribute two (2) copies of the list maintained and updated under
subsection (d) to the following:
(1) The publisher of the Indiana Register.
(2) The Indiana state library. and historical department.
SOURCE: IC 14-8-2-48.5; (09)MO052401.74. -->
SECTION 74. IC 14-8-2-48.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 48.5. "Commissioner", for
purposes of IC 14-13-6, IC 14-20, and IC 14-21, refers to the
commissioner of the department of Indiana heritage and cultural
resources established by IC 4-34.1-2-1.
SOURCE: IC 14-8-2-67; (09)MO052401.75. -->
SECTION 75. IC 14-8-2-67, AS AMENDED BY P.L.120-2008,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 67. (a) "Department", except for purposes of
IC 14-32, as provided in subsections (b) and (c), refers to the
department of natural resources.
(b) "Department", for purposes of IC 14-20-1, refers to the
department of Indiana heritage and cultural resources established
by IC 4-34.1-2-1.
(b) (c) "Department" for purposes of IC 14-32, refers to the Indiana
state department of agriculture established by IC 15-11-2-1.".
SOURCE: Page 3, line 20; (09)MO052401.3. -->
Page 3, line 20, strike "IC 14-20-1".
Page 3, line 20, delete "and IC 14-20-1.1," and insert " IC 14-20,".
Page 3, line 23, delete "." and insert " of the department of Indiana
heritage and cultural resources.".
Page 5, delete lines 23 through 42.
Page 6, delete lines 1 through 18, begin a new paragraph and insert:.
SOURCE: IC 14-9-4-1; (09)MO052401.78. -->
"SECTION 78. IC 14-9-4-1, AS AMENDED BY P.L.1-2006,
SECTION 209, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1. The following divisions are
established within the department:
(1) Accounting.
(2) Administrative support services.
(3) Budget.
(4) Engineering.
(5) Entomology and plant pathology.
(6) Fish and wildlife.
(7) Forestry.
(8) Historic preservation and archeology.
(9) (8) Human resources.
(10) (9) Internal audit.
(11) (10) Land acquisition.
(12) (11) Law enforcement.
(13) (12) Management information systems.
(14) (13) Nature preserves.
(15) (14) Oil and gas.
(16) (15) Outdoor recreation.
(17) (16) Public information and education.
(18) (17) Reclamation.
(19) (18) Reservoir management.
(20) (19) Safety and training.
(21) State museums and historic sites.
(22) (20) State parks.
(23) (21) Water.
SOURCE: IC 14-10-3-1; (09)MO052401.79. -->
SECTION 79. IC 14-10-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. This chapter applies
to the property managers of each of the following divisions of the
department:
(1) State parks.
(2) Forestry.
(3) Fish and wildlife.
(4) Reservoir management.
(5) State museums and historic sites.
SOURCE: IC 14-12-2-1; (09)MO052401.80. -->
SECTION 80. IC 14-12-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The purpose of
the Indiana heritage trust program and this chapter is to acquire real
property or interests in real property that:
(1) is an example of outstanding natural features and habitats;
(2) has historical and archeological significance; and
(3) provides areas for conservation, recreation, and the restoration
of native biological diversity.
(b) The Indiana heritage trust program shall acquire real property for
new and existing state parks, state forests, nature preserves, fish and
wildlife areas, wetlands, trails, historical and archeological sites, and
river corridors. The program shall ensure that Indiana's rich natural
heritage is preserved or enhanced for succeeding generations.
(c) It is not the purpose of the Indiana heritage trust program to
acquire property for resale to the federal government. However, the
sale of property acquired under this chapter to the federal government
is not prohibited.
SOURCE: IC 14-12-2-14; (09)MO052401.81. -->
SECTION 81. IC 14-12-2-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 14. (a) The Indiana
heritage trust project committee is established.
(b) The project committee consists of the following sixteen (16)
members:
(1) The director of the division of fish and wildlife.
(2) The director of the division of forestry.
(3) The director of the division of nature preserves.
(4) The director of the division of state parks.
(5) The director of the division of outdoor recreation.
(6) The director of the division of state museums and historic sites
of the department of Indiana heritage and cultural resources.
(7) Ten (10) individuals appointed by the governor. The governor
shall appoint individuals so that all the following are satisfied:
(A) The individuals must be residents of Indiana.
(B) The individuals must have a demonstrated interest or
experience in:
(i) conservation of natural resources; or
(ii) management of public property.
(C) Each Indiana congressional district must be represented by
at least one (1) individual who is a resident of that
congressional district.
(D) The individuals must represent the following:
(i) The environmentalist community.
(ii) The academic community.
(iii) Organized hunting and fishing groups.
(iv) The forest products community.
(v) The parks and recreation community.
SOURCE: IC 14-12-2-22; (09)MO052401.82. -->
SECTION 82. IC 14-12-2-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 22. Property acquired
by the state under this chapter may be managed by any of the
following:
(1) The department.
(2) A person with whom the department enters into a management
agreement under rules adopted under section 34 of this chapter.
(3) The department of Indiana heritage and cultural
resources.
(4) A person with whom the department of Indiana heritage
and cultural resources enters into a management agreement
under rules adopted under section 34 of this chapter.
SOURCE: IC 14-12-2-24; (09)MO052401.83. -->
SECTION 83. IC 14-12-2-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 24. The trust committee
shall, with the assistance of the project committee, the department of
Indiana heritage and cultural resources, and the department, adopt
and make available to the public a strategic plan to implement the
purposes of this chapter.
SOURCE: IC 14-13-6-6; (09)MO052401.84. -->
SECTION 84. IC 14-13-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. The Wabash River
heritage corridor commission is established by IC 4-34.1-2-2(7) within
the Indiana department of heritage and cultural resources.
SOURCE: IC 14-13-6-7; (09)MO052401.85. -->
SECTION 85. IC 14-13-6-7, AS AMENDED BY P.L.229-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 7. The members of the commission are the
following:
(1) The director commissioner or the director's commissioner's
designee.
(2) One (1) individual appointed by the county executive of each
county that:
(A) contains a part of the corridor; and
(B) chooses to support the activities of the commission by
resolution adopted by the county executive.
(3) The director of the Indiana department of transportation, or the
director's designee, who shall serve as a nonvoting member.
(4) The director of the division of historic preservation and
archaeology of the department of natural Indiana heritage and
cultural resources, or the director's designee, who shall serve as
a nonvoting member.
(5) The director of the department of environmental management,
or the director's designee, who shall serve as a nonvoting member.
(6) The director of the office of tourism development or the
director's designee, who shall serve as a nonvoting member.
(7) The president of the Indiana economic development
corporation or the president's designee, who shall serve as a
nonvoting member.
SOURCE: IC 14-13-6-12; (09)MO052401.86. -->
SECTION 86. IC 14-13-6-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. The director
commissioner may designate an individual to act on the director's
commissioner's behalf under this chapter.
SOURCE: IC 14-13-6-14; (09)MO052401.87. -->
SECTION 87. IC 14-13-6-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 14. The commission
shall select a president and vice president. The director commissioner
shall act as secretary of the commission.
SOURCE: IC 14-13-6-19; (09)MO052401.88. -->
SECTION 88. IC 14-13-6-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 19. (a) The Wabash
River heritage corridor commission fund is established for the purpose
of paying:
(1) reimbursement of the expenses of members under section 13
of this chapter;
(2) other administrative costs and expenses reasonably incurred
under this chapter, including expenses for publications and
postage; and
(3) costs incurred in fulfilling the directives of the Wabash River
heritage corridor commission master plan, including multi-county
projects and marketing and educational tools such as video tape
productions, signs, and promotional literature.
(b) The fund shall be administered by the director commissioner
under the direction of the commission.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) The sources of money for the fund are:
(1) appropriations made to the fund; and
(2) any other funds obtained by the commission under section 22
of this chapter.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) Money in the fund at the end of a fiscal year does not revert to
the state general fund.
SOURCE: IC 14-13-6-21; (09)MO052401.89. -->
SECTION 89. IC 14-13-6-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 21. Upon request from
the commission, the director commissioner shall provide the
commission with reasonable administrative support services to aid in
carrying out the purposes of this chapter.
SOURCE: IC 14-13-6-22; (09)MO052401.90. -->
SECTION 90. IC 14-13-6-22, AS AMENDED BY P.L.27-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 22. (a) The commission is authorized to do the
following:
(1) Hold public hearings.
(2) Request the presence and participation at a commission
meeting of representatives of any governmental or private entity
that has an interest in natural resources, tourism, historic
preservation, archaeology, or environmental issues.
(3) Enter into contracts, within the limit of available funds, with
individuals, organizations, and institutions for services that
further the purposes of this chapter.
(4) Enter into contracts, within the limit of available funds, with
local and regional nonprofit corporations and associations for
cooperative endeavors that further the purposes of this chapter.
(5) Enter with governmental and private entities into cooperative
agreements that further the purposes of this chapter.
(6) Receive appropriations of federal funds.
(7) Accept gifts, contributions, and bequests of funds from any
source.
(8) Apply for, receive, and disburse funds available from the state
or federal government in furtherance of the purposes of this
chapter, and enter into any agreements that may be required as a
condition of obtaining the funds.
(9) Enter into any agreement and perform any act that is necessary
to carrying out the duties of the commission and the purposes of
this chapter.
(b) The following conditions apply to the handling and
disbursement of any funds that the commission receives under
subsection (a)(8):
(1) The department of Indiana heritage and cultural resources
shall provide accounting services pertaining to the funds.
(2) The commission may appoint an individual to act as treasurer
of the commission for purposes of the handling and disbursement
of the funds.
(3) All expenditures must be reviewed by the commission at a
meeting of the commission.
(4) A claim against the funds may not be paid without the
signature of the director or the director's designee.
SOURCE: IC 14-20-1-1.5; (09)MO052401.91. -->
SECTION 91. IC 14-20-1-1.5, AS AMENDED BY P.L.66-2008,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1.5. (a) The state museum development fund is
established for the purpose of promoting interest in and use of the
Indiana state museum.
(b) The state museum development fund shall be administered by
the department of Indiana heritage and cultural resources or an
entity designated by the department of Indiana heritage and cultural
resources. The state museum development fund consists of revenue
generated by exhibit fees, concessions, donations, grants, and other
miscellaneous revenue. Money in the state museum development fund
at the end of a state fiscal year does not revert to the state general fund.
(c) The balance of the state museum development fund is
continuously appropriated and may be used at the request of the
department with the approval of the budget agency after review by the
budget committee.
SOURCE: IC 14-20-1-1.7; (09)MO052401.92. -->
SECTION 92. IC 14-20-1-1.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1.7. As used in this chapter,
"commissioner" refers to the commissioner of the department.
SOURCE: IC 14-20-1-1.8; (09)MO052401.93. -->
SECTION 93. IC 14-20-1-1.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1.8. As used in this chapter,
"department" refers to the department of Indiana heritage and
cultural resources established by IC 4-34.1-2-1.
SOURCE: IC 14-20-1-2; (09)MO052401.94. -->
SECTION 94. IC 14-20-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. As used in this
chapter, "division" refers to the division of state museums and historic
sites established by IC 4-34.1-2-2(3).".
SOURCE: Page 7, line 19; (09)MO052401.7. -->
Page 7, between lines 19 and 20, begin a new paragraph and insert:
SOURCE: IC 14-20-1-14; (09)MO052401.96. -->
"SECTION 96. IC 14-20-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 14. (a) This section
applies to the negotiation and execution of a lease of historical property
on which the department desires certain facilities to be provided.
However, this section does not apply to a lease of historic property to:
(1) a political subdivision; or
(2) a state agency.
(b) The department shall prepare and publicize through appropriate
media a statement of intent that does the following:
(1) Describes the facilities that the department desires to be
provided on the historic property.
(2) Sets forth a procedure for the submission of proposals by
persons proposing to lease the historic property and provide the
facilities.
(c) A statement of intent prepared under subsection (b) must appear
in at least three (3) legal advertisements at ten (10) day intervals in at
least five (5) daily newspapers of wide and general circulation in
Indiana.
(d) During the sixty (60) days following the publication of the final
legal advertisement under subsection (c), proposals may be submitted
to the department in response to the statement of intent. The
department shall do the following:
(1) Select from the proposals submitted the one (1) proposal that
the department considers most appropriate for the fulfillment of
the statement of intent.
(2) Submit the proposal to the trustees and the commission for
approval.
(e) If the proposal is approved in writing by the trustees and the
commission, commissioner, 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; (09)MO052401.97. -->
SECTION 97. IC 14-20-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. The director
commissioner may with the approval of the commission, adopt rules
under IC 4-22-2 to administer this chapter.
SOURCE: IC 14-20-1-16; (09)MO052401.98. -->
SECTION 98. IC 14-20-1-16, AS AMENDED BY P.L.66-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 16. (a) The board of trustees for the division of
state museums and historic sites of the department of Indiana
heritage and cultural resources 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 Foundation,
Inc., nominated by the foundation.
(B) Two (2) members must be recognized supporters of
historic sites.
(C) Not more than seven (7) members may be members of the
same political party.
(D) Not more than two (2) members may be from the same
county.
(E) 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: Page 7, line 33; (09)MO052401.7. -->
Page 7, line 33, strike "director." and insert " commissioner.".
Page 8, delete lines 30 through 42.
Page 9, delete lines 1 through 7, begin a new paragraph and insert:
SOURCE: IC 14-20-1-23; (09)MO052401.100. -->
"SECTION 100. IC 14-20-1-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: 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 commissioner 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: Page 9, line 17; (09)MO052401.9. -->
Page 9, line 17, delete "sites." and insert " sites established within
the department of Indiana heritage and cultural resources by
IC 4-34.1-2-2(3).".
Page 9, line 25, delete "(a)".
Page 9, line 25, delete "IC 14-10-2-1(5)(E)" and insert " IC
14-20-1-9".
Page 9, delete lines 28 through 31, begin a new paragraph and
insert:
SOURCE: IC 14-20-2-1; (09)MO052401.101. -->
"SECTION 101. IC 14-20-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. The governor,
auditor of state, and
director commissioner may, on behalf of and in
the name of the state, transfer and convey to the Tippecanoe County
park and recreational board, Tippecanoe County, Indiana, all rights,
title, and interest of the state, including maintenance and operating
equipment, in the Tippecanoe Battle Ground Memorial at Battle
Ground, Indiana. The grantee shall act as the agent of the general
assembly in the performance of the general assembly's constitutional
duty to preserve the Tippecanoe Battle Ground.
SOURCE: IC 14-20-2-2; (09)MO052401.102. -->
SECTION 102. IC 14-20-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. The transfer under
section 1 of this chapter is conditioned on the following:
(1) That when the recipient is in full possession, the recipient
shall forevermore maintain, develop, and use the Tippecanoe
Battle Ground Memorial, by whatever name, as a general park
and recreation area dedicated to the preservation of the
Tippecanoe Battle Ground.
(2) That the recipient of the property does not have the right to
sell, lease, or in any way transfer the control of the property, in
whole or in part, to a person, a firm, a party, or an agency of
government, except for use as a general park and recreation area
dedicated to the preservation of the Tippecanoe Battle Ground.
(3) That a subsequent owner, lessee, or controller of the property
does not have the right to use or cause the property to be used for
a purpose other than a general park and recreation area dedicated
to the preservation of the Tippecanoe Battle Ground.
(4) That should the property, in whole or in part, ever be used for
other than the stated purpose, the director commissioner may,
with approval of the governor, cause the property, in whole, to
revert to the status of ownership before February 16, 1972.
SOURCE: IC 14-20-4-3; (09)MO052401.103. -->
SECTION 103. IC 14-20-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The commission
is composed of nine (9) members as follows:
(1) The lieutenant governor or the lieutenant governor's designee.
(2) The director commissioner or the director's commissioner's
designee.
(3) One (1) individual who must be an elected officer of the New
Harmony town legislative body.
(4) One (1) individual who must be a representative of the
University of Southern Indiana.
(5) One (1) individual who must be a representative of the Robert
Lee Blaffer Trust nominated by the trustees of the Robert Lee
Blaffer Trust.
(6) Four (4) other individuals, at least two (2) of whom must be
residents of Posey County.
(b) The governor shall appoint the members of the commission
under subsection (a)(3) through (a)(6).
SOURCE: IC 14-20-5-1; (09)MO052401.104. -->
SECTION 104. IC 14-20-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. The
commission
commissioner shall receive and accept, for and on behalf of the state,
the Whitewater canal system, including the feeder dam and reservoir
at Laurel, Indiana, the canal, locks, aqueduct, and all other
miscellaneous structures belonging to the Whitewater Canal
Association, situated in Franklin County, Indiana, between Laurel,
Indiana, and Brookville, Indiana.
SOURCE: IC 14-20-9-1; (09)MO052401.105. -->
SECTION 105. IC 14-20-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. This chapter does not
apply if:
(1) the Wilbur Wright memorial is transferred to the Wilbur
Wright Birthplace Preservation Society after June 30, 1995; or
(2) the commission commissioner declares the memorial to be
surplus to the needs of the commission commissioner and the
department.
SOURCE: IC 14-20-15-4; (09)MO052401.106. -->
SECTION 106. IC 14-20-15-4, AS AMENDED BY P.L.229-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. The commission consists of the following
members:
(1) Six (6) members of the house of representatives, to be
appointed by the speaker of the house of representatives. Not
more than three (3) members appointed under this subdivision
may be members of the same political party.
(2) Six (6) members of the senate, to be appointed by the
president pro tempore of the senate. Not more than three (3)
members appointed under this subdivision may be members of the
same political party.
(3) The governor or the governor's designee.
(4) The director commissioner of the department of natural
Indiana heritage and cultural resources or the director's
commissioner designee.
(5) One (1) employee of the office of tourism development with
expertise in the tourism or film industry, to be designated by the
director of the office of tourism development.
(6) One (1) member of the Indiana historical society, to be
appointed by the governor.
(7) Three (3) Indiana citizens, to be appointed by the governor.
Not more than two (2) members appointed under this subdivision
may be members of the same political party.
SOURCE: IC 14-21-1-11; (09)MO052401.107. -->
SECTION 107. IC 14-21-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. (a) The division of
historic preservation and archeology is established within the
department of Indiana heritage and cultural resources by
IC 4-34.1-2-2(2).
(b) The division of historic preservation and archeology shall
administer and develop the programs and policies established by this
chapter.
SOURCE: IC 14-21-1-13; (09)MO052401.108. -->
SECTION 108. IC 14-21-1-13, AS AMENDED BY P.L.2-2007,
SECTION 169, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: 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 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 of the department of Indiana
heritage and cultural resources.
(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 a postsecondary educational
institution.
(4) Inspect and supervise an archeological field investigation
authorized by this chapter.
SOURCE: IC 14-21-1-14; (09)MO052401.109. -->
SECTION 109. IC 14-21-1-14, AS AMENDED BY P.L.2-2007,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 14. (a) This section does not apply
to real property that is owned by a state educational institution.
(b) The Indiana department of administration shall notify the
division of a proposed transfer of real property owned by the state at
the earliest planning stage and no later than ninety (90) days before the
date of the proposed transfer.
(c) The division shall inspect the property and notify the Indiana
department of administration of the location of each historic site or
historic structure on the property.
(d) Real property owned by the state may not be sold or transferred
until the division has stated in writing that the property does not, to the
best of the division's knowledge, contain a historic site or historic
structure.
(e) If the Indiana department of administration receives notice of a
historic site or historic structure on the property, the Indiana
department of administration shall reserve control of the appropriate
historic property by means of a covenant or an easement contained in
the transferring instrument.
(f) The division of state museums and historic sites of the
department of Indiana heritage and cultural resources shall
administer property reserved under subsection (e).
SOURCE: IC 14-21-1-18.5; (09)MO052401.110. -->
SECTION 110. IC 14-21-1-18.5, AS AMENDED BY P.L.2-2007,
SECTION 173, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 18.5. When submitting its biennial
budget request, a state educational institution must:
(1) submit to the division of historic preservation and archeology
of the department of
natural Indiana heritage and cultural
resources a copy of any ten (10) year capital plan of the state
educational institution that is required by the budget agency or the
commission for higher education; and
(2) identify the projects included in the capital plan that may
involve the alteration or demolition of historic sites or structures.
SOURCE: IC 14-30-4-16; (09)MO052401.111. -->
SECTION 111. IC 14-30-4-16, AS AMENDED BY P.L.146-2008,
SECTION 427, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 16. (a) The commission shall
prepare an annual budget for the commission's operation and other
expenditures under IC 6-1.1-17. The annual budget is subject to review
and modification by the county board of tax adjustment of any
participating county.
(b) The commission is not eligible for funding through the Wabash
River heritage corridor commission established by IC 14-13-6-6.
IC 4-34.1-2-2(7).
SOURCE: IC 14-34-3-3; (09)MO052401.112. -->
SECTION 112. IC 14-34-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. An application for
a surface coal mining and reclamation permit must include the
following:
(1) The names and addresses of the following:
(A) The permit applicant.
(B) Every legal owner of record of the property (surface and
mineral) to be mined.
(C) The holders of record of any leasehold interest in the
property.
(D) Any purchaser of record of the property under a real estate
contract.
(E) The operator if the operator is a person different from the
applicant.
(F) If a person in clauses (A) through (E) is a business entity
other than a single proprietor, the names and addresses of the
principals, officers, and resident agent.
(2) The names and addresses of the owners of record of all
surface and subsurface areas adjacent to any part of the permit
area.
(3) A statement of each current or previous surface coal mining
permit in the United States held by the applicant, including each
pending application, the permit identification, and the state that
issued that permit or holds the pending application.
(4) If the applicant is a partnership, a corporation, an association,
or other business entity, the following where applicable:
(A) The names and addresses of every officer, partner, or
director or person performing a function similar to a director
of the applicant.
(B) The name and address of each person owning, of record,
at least ten percent (10%) of any class of voting stock of the
applicant.
(C) A list of all names under which the applicant, partner, or
principal shareholder previously operated a surface coal
mining operation within the United States within:
(i) the five (5) years preceding the date of submission of the
application; or
(ii) any additional period that the director establishes.
(5) A statement of whether the applicant or a subsidiary, an
affiliate, or a person controlled by or under common control with
the applicant has:
(A) ever held a federal or state coal mining permit that in:
(i) the five (5) years preceding the date of submission of the
application; or
(ii) any additional period that the director establishes;
was suspended or revoked or is in the process of revocation;
or
(B) had a mining bond or similar security deposited in lieu of
bond forfeited;
and if so, a brief explanation of the facts involved and
identification of the state in which this action occurred.
(6) A copy of the applicant's advertisement to be published under
IC 14-34-4-1. The advertisement must include the following:
(A) The names of the property owners involved.
(B) A description of the exact location and boundaries of the
proposed site sufficient so that the proposed surface coal
mining operation is readily locatable by local residents.
(C) The location where the application is available for public
inspection.
(7) A description of the following:
(A) The type and method of surface coal mining operation that
exists or is proposed.
(B) The engineering techniques proposed or used.
(C) The equipment used or proposed to be used.
(8) The anticipated or actual starting and termination dates of
each phase of the surface coal mining operation and the number
of acres of land to be affected.
(9) An accurate map or plan, to an appropriate scale, clearly
showing the following:
(A) The land to be affected as of the date of the application.
(B) The area of land within the permit area upon which the
applicant has the legal right to enter and commence surface
coal mining operations, including the following:
(i) A statement of those documents upon which the applicant
bases the applicant's legal right to enter and commence
surface coal mining operations on the area affected.
(ii) Whether that right is the subject of pending court
litigation.
(10) The name of the watershed and location of the surface stream
or tributary into which surface and pit drainage will be
discharged.
(11) A determination of the probable hydrologic consequences of
surface coal mining and reclamation operations, both on and off
the mine site, with respect to the following:
(A) The hydrologic regime.
(B) The quantity and quality of water in surface and ground
water systems, including the dissolved and suspended solids
under seasonal flow conditions.
(C) The collection of sufficient data for the mine site and
surrounding areas so that an assessment can be made of the
probable cumulative impacts of all anticipated mining in the
area upon the hydrology of the area and particularly upon
water availability.
However, this determination is not required until the time that
hydrologic information on the general area before mining is made
available from an appropriate federal or state agency. The permit
may not be approved until the information is available and is
incorporated into the application.
(12) When requested by the director, the climatological factors
that are peculiar to the locality of the land to be affected,
including the following:
(A) The average seasonal precipitation.
(B) The average direction and velocity of prevailing winds.
(C) The seasonal temperature ranges.
(13) Accurate maps to an appropriate scale clearly showing the
land affected on the date of application and the same information
that is set forth on topographical maps of the United States
Geological Survey of a scale of 1:24,000 or 1:25,000 or larger,
including all manmade features and archeological and historical
sites known by the division of historic preservation and
archeology
established under IC 4-34.1-2-2(2). The map or plan
must show the following:
(A) All boundaries of the land to be affected.
(B) The boundary lines and names of present owners of record
of all surface areas abutting the permit area.
(C) The location of all buildings within one thousand (1,000)
feet of the permit area.
(14) Cross section maps or plans of the land to be affected,
including the actual area to be mined, prepared by or under the
direction of and certified by an engineer licensed under IC 25-31
or a geologist licensed under IC 25-17.6 with assistance from
experts in related fields such as land surveying and landscape
architecture. The maps or plans must show pertinent elevation
and location of test borings or core samplings and depict the
following:
(A) The nature and depth of the various strata of overburden
as required by the commission in the commission's rules.
(B) The location and quality of subsurface water if
encountered.
(C) The nature and thickness of each coal or rider seam above
the coal seam to be mined.
(D) The nature of the stratum immediately beneath the coal
seam to be mined.
(E) All mineral crop lines and the strike and dip of the coal to
be mined within the area of land to be affected.
(F) Existing or previous surface coal mining limits.
(G) The location and extent of known workings of each
underground coal mine, including mine openings to the
surface.
(H) The location of aquifers as required by the commission in
the commission's rules.
(I) The estimated elevation of the water table.
(J) The location of spoil, waste, or refuse areas and topsoil
preservation areas.
(K) The location of all impoundments for waste or erosion
control.
(L) Each settling or water treatment facility.
(M) Constructed or natural drainageways and the location of
each discharge to a surface body of water on the area of land
to be affected or adjacent to the land to be affected.
(N) Profiles at appropriate cross sections of the anticipated
final surface configuration that will be achieved under the
operator's proposed reclamation plan.
(15) A statement of the result of test borings or core samplings
from the permit area, including the following:
(A) Logs of the drill holes.
(B) The thickness of the coal seam found and an analysis of
the chemical properties of that coal.
(C) The sulfur content of each coal seam.
(D) Chemical analysis of potentially acid or toxic forming
sections of the overburden.
(E) A chemical analysis down to and including the deeper of
the following:
(i) The stratum lying immediately underneath the lowest
coal seam to be mined.
(ii) An aquifer below the lowest coal seam to be mined that
may be adversely impacted by mining.
The director may waive the requirement as to the specific
application of this clause if the director determines in writing
the requirements are unnecessary.
(16) For the land in the permit application that a reconnaissance
inspection suggests may be prime farmland and to confirm the
exact location of the prime farmland, a soil survey in accordance
with the standards established by the United States Secretary of
Agriculture.
(17) A reclamation plan that meets the requirements of section 12
of this chapter.
(18) Proof that the applicant is self-insured or has a public
liability insurance policy issued by an insurance company
authorized to do business in Indiana in force for the surface coal
mining and reclamation operations for which the permit is sought.
The policy must provide for personal injury and property damage
protection in an amount adequate to compensate each person
injured as a result of the surface coal mining and reclamation
operation. If a permit is granted, the permittee shall maintain the
policy in full force and effect for the duration of the permit or a
renewal.
(19) A blasting plan that outlines the procedures the operator will
use to comply with IC 14-34-12.
(20) A listing of all notices of violations, and their final
resolution, of:
(A) IC 13-4.1 (before its repeal);
(B) this article; and
(C) a:
(i) federal statute or regulation; or
(ii) state statute or rule enacted or adopted in response to a
federal statute or regulation;
pertaining to air or water environmental protection;
incurred by the applicant or a subsidiary, an affiliate, or a person
controlled by or under common control with the applicant in
connection with any surface coal mining operation during the
three (3) year period before the date of application.
SOURCE: IC 14-34-4-10; (09)MO052401.113. -->
SECTION 113. IC 14-34-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: 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 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 under IC 14-21-1 from
the division of historic preservation and archeology of the
department of Indiana heritage and cultural resources, 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 23-14-57-1; (09)MO052401.114. -->
SECTION 114. IC 23-14-57-1, AS AMENDED BY P.L.113-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. (a) As used in this section, "removal" or
"removed" refers to the disinterment, disentombment, or disinurnment
of the remains of a deceased human.
(b) Except as provided in subsection (e) and sections 4 and 5 of this
chapter, the remains, either cremated or uncremated, of a deceased
human shall not be removed from a cemetery without:
(1) a written order:
(A) that is issued by the state department of health; and
(B) that authorizes the removal of the deceased's remains;
(2) the written consent of:
(A) the owner of the cemetery; or
(B) the owner's representative; and
(3) the written consent of a person or persons referred to in one
(1) of the following clauses, which are listed according to priority:
(A) The individual who was the spouse of the deceased at the
time of the deceased's death.
(B) The surviving adult child of the deceased. If there is more
than one (1) surviving adult child of the deceased, the
requirement for written consent under this subdivision is
satisfied if:
(i) any one (1) of the surviving adult children provides
written consent to the removal of the deceased's remains;
(ii) the consent provided under item (i) confirms that all
other surviving adult children of the deceased have been
notified of the proposed removal of the deceased's remains;
and
(iii) the state department of health does not receive a written
objection to the proposed removal from any of the
deceased's surviving adult children.
(C) The surviving parent of the deceased. If the deceased is
survived by both parents, the requirement for written consent
under this subdivision is satisfied if:
(i) either surviving parent provides written consent to the
removal of the deceased's remains; and
(ii) the state department of health does not receive a written
objection to the proposed removal from the other surviving
parent.
(D) The individual in the next degree of kinship to the
deceased under IC 29-1-2-1. If more than one (1) individual of
the same degree of kinship is surviving, the requirement for
written consent under this subdivision is satisfied if:
(i) any individual of that degree of kinship provides written
consent to the removal of the deceased's remains; and
(ii) the state department of health does not receive a written
objection to the proposed removal from any other surviving
individual in the same degree of kinship.
(c) Before issuing a written authorization under subsection (b), the
state department of health shall do the following:
(1) Obtain written evidence that a licensed funeral director has
agreed to:
(A) be present at the removal and at the reinterment,
reentombment, or reinurnment of the remains; and
(B) cause the completed order of the state department of health
to be recorded in the office of the county recorder of the
county where the removal occurs.
(2) Obtain a copy of:
(A) the written consent required under subsection (b)(3); or
(B) a court order obtained by a person under subsection (d).
(d) If the written consent of an individual authorized under
subsection (b)(3) to give consent is not available, a person who has
made a request under this section to the state department of health may
petition a court to determine whether to waive the consent requirement
of subsection (b)(3). In determining whether to waive the requirement,
the court shall consider the viewpoint of any issue (as defined in
IC 29-1-1-3) of the deceased. In a proceeding under this subsection, the
court may not order the disinterment, disentombment, or disinurnment
of the remains of a deceased human.
(e) This subsection applies only if the human remains are on
property owned or leased by a coal company. The remains, either
cremated or uncremated, of a deceased human may be removed from
a cemetery by a coal company if the coal company obtains a court order
authorizing the disinterment, disentombment, or disinurnment. Before
issuing a court order under this subsection, a court must conduct a
hearing and be satisfied as to the following:
(1) That the property is owned or leased by the coal company.
(2) That the coal company has obtained the written consent of an
individual authorized to give consent under subsection (b)(3). If
the consent of an individual authorized to give consent under
subsection (b)(3) is not available, the court may waive the
requirement after considering the viewpoint of any issue (as
defined in IC 29-1-1-3) of the deceased.
(3) That the department of
natural Indiana heritage and cultural
resources, division of historic preservation and archeology
(IC
14-21-1), has received at least five (5) days written notice of the
time, date, and place of any hearing under this subsection. The
notice must describe the proposed place from which the remains
will be removed.
(4) That a licensed funeral director has agreed to:
(A) be present at the removal and at the reinterment,
reentombment, or reinurnment of the remains; and
(B) cause the completed order of the state department of health
to be recorded in the office of the county recorder of the
county where the removal occurs.
(5) That the coal company has caused a notice of the proposed
removal to be published at least five (5) days before the hearing
in a newspaper of general circulation in the county where the
removal will occur.
(6) That the coal company will notify the department of natural
Indiana heritage and cultural resources, division of historic
preservation and archeology (IC 14-21-1), after the hearing of the
proposed time and date when the remains will be removed.
(f) A:
(1) licensed funeral director; or
(2) cemetery owner;
is not liable in an action brought by any person because of the removal
of a deceased's remains under a written consent described in subsection
(b)(3) or (e)(2) unless the licensed funeral director or the cemetery
owner had actual notice before or at the time of the removal that a
representation made in the consent described in subsection (b)(3) or
(e)(2) was untrue.
(g) The state department of health may adopt rules under IC 4-22-2
to implement this section.
SOURCE: IC 23-14-57-4; (09)MO052401.115. -->
SECTION 115. IC 23-14-57-4, AS AMENDED BY P.L.26-2008,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. This chapter does not apply to the following:
(1) The disinterment, disentombment, or disurnment of remains
upon the written order of the coroner of the county in which the
cemetery is situated.
(2) The removal of human remains under a plan approved by the
division of historic preservation and archeology of the
department of Indiana heritage and cultural resources under
IC 14-21-1.
SOURCE: IC 23-14-67-3.5; (09)MO052401.116. -->
SECTION 116. IC 23-14-67-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3.5. (a) Before March
1 of each year, a county cemetery commission shall file an annual
report with the Indiana historical bureau established by IC 4-23-7-3.
IC 4-34.1-2-2(4).
(b) An annual report filed under this section must include
information on the following:
(1) The budget of the county cemetery commission for the
preceding calendar year.
(2) Expenditures made by the county cemetery commission
during the preceding calendar year.
(3) Activities of the county cemetery commission during the
preceding calendar year.
(4) Plans of the county cemetery commission for the calendar year
during which the report is filed.
(c) The Indiana historical bureau shall make reports filed under this
section available for public inspection under IC 5-14-3.
SOURCE: IC 27-1-20-21; (09)MO052401.117. -->
SECTION 117. IC 27-1-20-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 21. Every company
doing business in this state shall file with the department on or before
March 1 in each year a financial statement for the year ending
December 31 immediately preceding in a format in accordance with
IC 27-1-3-13. For good and sufficient cause shown, the commissioner
may grant to any individual company a reasonable extension of time
not to exceed ninety (90) days within which such statement may be
filed. Such statement shall be verified by the oaths of the president or
a vice president and the secretary or an assistant secretary of the
company. The statement of an alien company shall segregate and state
separately its condition and transaction in the United States and such
segregated and separated statement shall be verified by the oath of its
resident manager or principal representative in the United States. The
commissioner of insurance may, with the approval of the commission
on public records established within the department of Indiana
heritage and cultural resources by IC 4-34.1-2-2(5), authorize the
destruction of such annual statements which have been on file for two
(2) years or more and microfilm copies of which have been made and
filed.
SOURCE: IC 34-41-1-5; (09)MO052401.118. -->
SECTION 118. IC 34-41-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) The:
(1) register of the sales of the Michigan road lands located in the
Indiana state archives maintained by the commission on public
records established within the department of Indiana heritage
and cultural resources by IC 4-34.1-2-2(5); and
(2) certified copies of any entry in the register under the seal of
Indiana;
are admissible in evidence in all courts and places.
(b) The register, or a certified copy of the entry of the sale of a tract
of land described in the register, by any person named in the register as
the purchaser of the land, is prima facie evidence that:
(1) the person designated in the register was the purchaser of the
land; and
(2) the title to the land has been conveyed by the state to the
purchaser in fee simple.
SOURCE: IC 36-1-7-5; (09)MO052401.119. -->
SECTION 119. IC 36-1-7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) Except as
provided in subsection (b) and regardless of the requirements of section
4 of this chapter, if an agreement under section 3 of this chapter
concerns the provision of services or facilities that a state officer or
state agency has power to control, the agreement must be submitted to
that officer or agency for approval before it takes effect.
(b) If a reciprocal borrowing agreement under section 3 of this
chapter concerns the provision of library services or facilities between
public libraries that are of the same nature as the services provided
under the statewide library card program under IC 4-23-7.1-5.1, the
reciprocal borrowing agreement is not required to be submitted to the
Indiana
state library
and historical board for approval before the
reciprocal borrowing agreement takes effect, but a copy of the
reciprocal borrowing agreement shall be submitted to the Indiana state
library.
(c) Approval or disapproval is governed by the same provisions
prescribed by section 4(b) of this chapter for the attorney general.
SOURCE: IC 36-1-11-1; (09)MO052401.120. -->
SECTION 120. IC 36-1-11-1, AS AMENDED BY P.L.2-2006,
SECTION 188, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Except as provided in
subsection (b), this chapter applies to the disposal of property by:
(1) political subdivisions; and
(2) their agencies.
(b) This chapter does not apply to the following:
(1) The disposal of property under an urban homesteading
program under IC 36-7-17.
(2) The lease of school buildings under IC 20-47.
(3) The sale of land to a lessor in a lease-purchase contract under
IC 36-1-10.
(4) The disposal of property by a redevelopment commission
established under IC 36-7.
(5) The leasing of property by a board of aviation commissioners
established under IC 8-22-2 or an airport authority established
under IC 8-22-3.
(6) The disposal of a municipally owned utility under IC 8-1.5.
(7) The sale or lease of property by a unit to an Indiana nonprofit
corporation organized for educational, literary, scientific,
religious, or charitable purposes that is exempt from federal
income taxation under Section 501 of the Internal Revenue Code
or the sale or reletting of that property by the nonprofit
corporation.
(8) The disposal of surplus property by a hospital established and
operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8,
IC 16-23-1, or IC 16-24-1.
(9) The sale or lease of property acquired under IC 36-7-13 for
industrial development.
(10) The sale, lease, or disposal of property by a local hospital
authority under IC 5-1-4.
(11) The sale or other disposition of property by a county or
municipality to finance housing under IC 5-20-2.
(12) The disposition of property by a soil and water conservation
district under IC 14-32.
(13) The disposal of surplus property by the health and hospital
corporation established and operated under IC 16-22-8.
(14) The disposal of personal property by a library board under
IC 36-12-3-5(c).
(15) The sale or disposal of property by the historic preservation
commission under IC 36-7-11.1.
(16) The disposal of an interest in property by a housing authority
under IC 36-7-18.
(17) The disposal of property under IC 36-9-37-26.
(18) The disposal of property used for park purposes under
IC 36-10-7-8.
(19) The disposal of textbooks that will no longer be used by
school corporations under IC 20-26-12.
(20) The disposal of residential structures or improvements by a
municipal corporation without consideration to:
(A) a governmental entity; or
(B) a nonprofit corporation that is organized to expand the
supply or sustain the existing supply of good quality,
affordable housing for residents of Indiana having low or
moderate incomes.
(21) The disposal of historic property without consideration to a
nonprofit corporation whose charter or articles of incorporation
allows the corporation to take action for the preservation of
historic property. As used in this subdivision, "historic property"
means property that is:
(A) listed on the National Register of Historic Places; or
(B) eligible for listing on the National Register of Historic
Places, as determined by the division of historic preservation
and archeology of the department of natural Indiana heritage
and cultural resources (IC 4-34.1-2).
(22) The disposal of real property without consideration to:
(A) a governmental agency; or
(B) a nonprofit corporation that exists for the primary purpose
of enhancing the environment;
when the property is to be used for compliance with a permit or
an order issued by a federal or state regulatory agency to mitigate
an adverse environmental impact.
(23) The disposal of property to a person under an agreement
between the person and a political subdivision or an agency of a
political subdivision under IC 5-23.
(24) The disposal of residential real property pursuant to a federal
aviation regulation (14 CFR 150) Airport Noise Compatibility
Planning Program as approved by the Federal Aviation
Administration.
SOURCE: IC 36-7-11.2-11; (09)MO052401.121. -->
SECTION 121. IC 36-7-11.2-11, AS AMENDED BY P.L.219-2007,
SECTION 121, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 11. As used in this chapter, "notice"
means written notice:
(1) served personally upon the person, official, or office entitled
to the notice; or
(2) served upon the person, official, or office by placing the notice
in the United States mail, first class postage prepaid, properly
addressed to the person, official, or office. Notice is considered
served if mailed in the manner prescribed by this subdivision
properly addressed to the following:
(A) The governor, both to the address of the governor's official
residence and to the governor's executive office in
Indianapolis.
(B) The Indiana department of transportation, to the
commissioner.
(C) The department of natural Indiana heritage and cultural
resources (IC 4-34.1-2), both to the director commissioner of
the department and to the director of the department's division
of historic preservation and archeology.
(D) The department of metropolitan development.
(E) An occupant, to:
(i) the person by name; or
(ii) if the name is unknown, the "Occupant" at the address of
the Meridian Street or bordering property occupied by the
person.
(F) An owner, to the person by the name shown to be the name
of the owner, and at the person's address, as the address
appears in the records in the bound volumes of the most recent
real estate tax assessment records as the records appear in:
(i) the offices of the township assessors; or
(ii) the office of the county assessor;
in Marion County.
(G) A neighborhood association or the society, to the
organization at the latest address as shown in the records of the
commission.
SOURCE: IC 36-7-11.3-6; (09)MO052401.122. -->
SECTION 122. IC 36-7-11.3-6, AS AMENDED BY P.L.146-2008,
SECTION 720, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 6. As used in this chapter, "notice"
means written notice:
(1) served personally upon the person, official, or office entitled
to the notice; or
(2) served upon the person, official, or office by placing the notice
in the United States mail, first class postage prepaid, properly
addressed to the person, official, or office. Notice is considered
served if mailed in the manner prescribed by this subdivision
properly addressed to the following:
(A) The governor, both to the address of the governor's official
residence and to the governor's executive office in
Indianapolis.
(B) The Indiana department of transportation, to the
commissioner.
(C) The department of natural Indiana heritage and cultural
resources (IC 4-34.1-2), both to the director commissioner of
the department and to the director of the department's division
of historic preservation and archeology.
(D) The municipal plan commission.
(E) An occupant, to:
(i) the person by name; or
(ii) if the name is unknown, the "Occupant" at the address of
the primary or secondary property occupied by the person.
(F) An owner, to the person by the name shown to be the name
of the owner, and at the person's address, as appears in the
records in the bound volumes of the most recent real estate tax
assessment records as the records appear in:
(i) the offices of the township assessors (if any); or
(ii) the office of the county assessor.
(G) The society, to the organization at the latest address as
shown in the records of the commission.
SOURCE: IC 36-12-1-2; (09)MO052401.123. -->
SECTION 123. IC 36-12-1-2, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. "Indiana state library" and historical board"
refers to the Indiana state library and historical board established by
IC 4-23-7-2. IC 4-34.1-2-2(6).
SOURCE: IC 36-12-3-16; (09)MO052401.124. -->
SECTION 124. IC 36-12-3-16, AS AMENDED BY P.L.130-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 16. (a) The library board may adopt a resolution
allowing money to be disbursed under this section for lawful library
purposes, including advertising and promoting the programs and
services of the library.
(b) With the prior written approval of the library board and if the
library board has adopted a resolution under subsection (a), claim
payments may be made in advance of library board allowance for any
of the following types of expenses:
(1) Property or services purchased or leased from the federal
government or the federal government's agencies and the state,
the state's agencies, or the state's political subdivisions.
(2) Dues, subscriptions, and publications.
(3) License or permit fees.
(4) Insurance premiums.
(5) Utility payments or connection charges.
(6) Federal grant programs where:
(A) advance funding is not prohibited; and
(B) the contracting party posts sufficient security to cover the
amount advanced.
(7) Grants of state funds authorized by statute.
(8) Maintenance and service agreements.
(9) Legal retainer fees.
(10) Conference fees.
(11) Expenses related to the educational or professional
development of an individual employed by the library board,
including:
(A) inservice training;
(B) attending seminars or other special courses of instruction;
and
(C) tuition reimbursement;
if the library board determines that the expenditures under this
subdivision directly benefit the library.
(12) Leases or rental agreements.
(13) Bond or coupon payments.
(14) Payroll costs.
(15) State, federal, or county taxes.
(16) Expenses that must be paid because of emergency
circumstances.
(17) Expenses incurred to advertise and promote the programs
and services of the library.
(18) Other expenses described in a library board resolution.
Each payment of expenses lawfully incurred for library purposes must
be supported by a fully itemized invoice or other documentation. The
library director must certify to the library board before payment that
each claim for payment is true and correct. The certification must be on
a form prescribed by the state board of accounts. The library board
shall review and allow the claim at the library board's first regular or
special meeting following the payment of a claim under this section.
(c) Purchases of books, magazines, pamphlets, films, filmstrips,
microforms, microfilms, slides, transparencies, phonodiscs,
phonotapes, models, art reproductions, and all other forms of library
and audiovisual materials are exempt from the restrictions imposed by
IC 5-22.
(d) The purchase of library automation systems must meet the
standards established by the Indiana state library and historical board
under IC 4-23-7.1-11(b).
SOURCE: IC 36-12-11-2; (09)MO052401.125. -->
SECTION 125. IC 36-12-11-2, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. As used in this chapter, "board" refers to the
Indiana library and historical advisory board established by
IC 4-23-7-2. IC 4-23-7-1.
SOURCE: IC 36-12-11-3; (09)MO052401.126. -->
SECTION 126. IC 36-12-11-3, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 3. As used in this chapter, "director" refers to the
director of the Indiana state library appointed under IC 4-23-7.1-37.
IC 4-34.1-2-6.
SOURCE: IC 36-12-11-5; (09)MO052401.127. -->
SECTION 127. IC 36-12-11-5, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 5. (a) The board shall do the following:
(1) Prescribe and define grades of public library service and
prescribe the qualifications that individuals must possess who are
employed in each of the grades of public library service, giving
due consideration to the population served and the income and
salary schedule of each library.
(2) Make available the requirements for certification of all grades
upon request and without charge to all prospective applicants.
(3) Issue certificates to candidates who apply for certificates and
who, by reason of their academic or technical training and
experience, are found to be suitable individuals to certify.
(4) (2) Prescribe and define the qualifications of a library director,
a head of a department or branch, or a professional assistant of a
public library.
(5) (3) Adopt rules under IC 4-22-2 that the board determines are
necessary to administer this chapter.
(b) The director shall do the following:
(1) Make available the requirements for certification of all
grades upon request and without charge to all prospective
applicants.
(2) Issue certificates to candidates who apply for certificates
and who, by reason of their academic or technical training
and experience, are found to be suitable individuals to certify.
SOURCE: IC 36-12-11-7; (09)MO052401.128. -->
SECTION 128. IC 36-12-11-7, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 7. (a) An individual who:
(1) desires to be certified as a librarian in a designated division,
grade, or type of public library service; and
(2) possesses the qualifications prescribed in the rules of the
board as essential to enable an individual to apply for a
certificate;
may apply to the board director for a certificate in any grade or grades
of public library service.
(b) The application must be:
(1) made on a form prescribed and supplied by the board;
director; and
(2) accompanied by the fee set by the board under section 11 of
this chapter.
(c) If the application is found to be satisfactory, the applicant is
entitled to a certificate in the grade or grades of public library service
for which the applicant applied.
SOURCE: IC 36-12-11-11; (09)MO052401.129. -->
SECTION 129. IC 36-12-11-11, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 11. (a) The board shall adopt rules under
IC 4-22-2 to set fees to be paid by an individual who applies for
certification under section 7 of this chapter. If the board has not set a
fee by rule for a particular type of application, the fee is one dollar ($1).
(b) Payment of fees set under this section may be made by any of the
following:
(1) Cash.
(2) A draft.
(3) A money order.
(4) A cashier's check.
(5) A certified check.
(6) A personal check.
If an individual pays a fee with an uncertified personal check and the
check does not clear the bank, the board director may void the
certificate for which the check was received.
(c) Unless specified by the rules of the board, a fee is not refundable
or transferable.
(d) Fees shall be paid to the library certification account established
under section 10 of this chapter.".
SOURCE: Page 9, line 40; (09)MO052401.9. -->
Page 9, delete lines 40 through 42.
Page 10, line 1, delete "(3)" and insert "
(1)".
Page 10, line 3, delete "(4)" and insert "
(2)".
Page 10, line 5, delete "(5)" and insert "
(3)".
Page 10, line 6, delete "(6)" and insert "
(4)".
Page 10, line 7, delete "(7) The Indiana war memorials
commission." and insert "
(5) The Wabash River heritage corridor
commission.".
Page 10, line 8, delete "(8)" and insert "
(6)".
Page 10, line 9, delete "(9)" and insert "
(7)".
Page 10, line 11, delete "(10)" and insert "
(8)".
Page 10, delete lines 13 through 20.
Page 10, line 21, delete "(g)" and insert "
(d)".
Page 10, line 23, delete "(h) The" and insert "
(e) After June 30,
2009, the".
Page 10, line 24, after "agency" insert "
that were employed by a
heritage and cultural agency on June 30, 2009,".
Page 10, line 25, delete "(i) The following" and insert "
(f)
Beginning July 1, 2009, the directors of the heritage and cultural
agencies".
Page 10, line 27, delete "department:" and insert "
department.".
Page 10, delete lines 28 through 35.
Page 10, line 36, delete "(j)" and insert "
(g)".
Page 10, line 37, after "planning" insert "
and the state personnel
department".
Page 10, line 39, delete "The state personnel department".
Page 10, delete line 40 through 42.
Page 11, delete line 1.
Page 11, line 2, delete "(k)" and insert "
(h)".
Page 11, line 10, delete "(l)" and insert "
(i)".
Renumber all SECTIONS consecutively.
(Reference is to SB 524 as printed February 17, 2009.)
________________________________________
MO052401/DI 77 2009