Citations Affected: IC 9-18; IC 14-20; noncode.
Synopsis: Lewis and Clark bicentennial. Converts the Lewis and Clark
bicentennial commission to a permanent commission. (Under current
law the commission expires January 1, 2008.) Permits the commission
to establish a nonprofit corporation to carry out the duties of the
commission. Requires the bureau of motor vehicles to design and issue
a special group recognition license plate for the Lewis and Clark
bicentennial. Provides that a person who is eligible to register a vehicle
may obtain a Lewis and Clark bicentennial license plate upon
completing an application and paying the appropriate fee. Provides for
the distribution of fees from the plate to the Lewis and Clark
bicentennial commission.
Effective: Upon passage; May 1, 2004.
January 15, 2004, read first time and referred to Committee on Rules and Legislative
Procedures.
January 26, 2004, amended, reported _ Do Pass; referred to Committee on Ways and
Means pursuant to Rule 127.
January 29, 2004, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles and to make an appropriation.
chapter.
Sec. 3. The Lewis and Clark bicentennial commission is
established.
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 of the department of natural resources or the
director's designee.
(5) One (1) employee of the department of commerce with
expertise in the tourism or film industry, to be designated by
the lieutenant governor.
(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.
Sec. 5. The governor or the governor's designee shall act as the
chair of the commission.
Sec. 6. The commission may do the following:
(1) Educate Indiana residents and the nation about Indiana's
important role in the Lewis and Clark expedition.
(2) Assist local governments and organizations with planning,
preparation, and grant applications for bicentennial events
and projects.
(3) Coordinate state, local, and nonprofit organizations'
bicentennial activities occurring in Indiana.
(4) Act as a point of contact for national bicentennial
organizations wishing to distribute information to state and
local groups about grant opportunities, meetings, and national
events.
(5) Plan and implement appropriate events to commemorate
the bicentennial.
(6) Seek federal grants and philanthropic support for
bicentennial activities.
(7) Perform other duties necessary to highlight Indiana's role
in the Lewis and Clark expedition.
(8) Recommend the establishment of a nonprofit corporation
under section 7 of this chapter.
(9) Transfer funds received under IC 9-18-47 and other
property to a nonprofit corporation established under section
7 of this chapter.
Sec. 7. (a) The commission may recommend the establishment
of a nonprofit corporation under IC 23-17 that is:
(1) tax exempt; and
(2) historically oriented;
to assist in the duties and purposes of the commission.
(b) If a corporation is established under subsection (a), the
corporation shall:
(1) operate exclusively for the benefit of;
(2) perform the functions of; and
(3) carry out the purposes of;
the commission.
(c) A corporation established under this section shall submit to
the commission quarterly reports of the corporation's activities
during the period. The reports must include the following:
(1) A record of the following:
(A) All money or other property received by the
corporation as a donation, gift, devise, or bequest.
(B) The conditions attached to the donation, gift, devise, or
bequest, if any.
(2) A record of all expenditures by the corporation during the
period and the purposes of each expenditure.
(3) A statement of activities the corporation anticipates
undertaking during the following period.
(d) The corporation established under this section is subject to
audit by the state board of accounts.
Sec. 8. The department of natural resources shall staff the
commission.
Sec. 9. The expenses of the commission shall be paid from the
money transferred to the commission from the Lewis and Clark
bicentennial fund established by IC 9-18-47.
Sec. 10. (a) Each member of the commission who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties
as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(b) Each member of the commission who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the commission who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council.
Sec. 11. (a) Each member of the commission who is a member
of the general assembly is a nonvoting member.
(b) The affirmative votes of a majority of the voting members
appointed to the commission are required for the commission to
take action on any measure, including final reports.
(c) A member of the commission serves at the pleasure of the
person who appointed the member.
Sec. 12. The commission may establish a citizen advisory board
to assist the commission in implementing this chapter. If the
commission establishes a citizen advisory board under this section,
the following apply:
(1) The board consists of the following members:
(A) Not more than seven (7) citizens appointed by the
speaker of the house of representatives.
(B) Not more than seven (7) citizens appointed by the
president pro tempore of the senate.
(C) Not more than seven (7) citizens appointed by the
governor.
(2) The board has the duties determined by the commission.
Sec. 13. (a) Money acquired by the commission is subject to
Indiana law concerning the deposit and safekeeping of public
money.
(b) The money of the commission and the accounts of each
officer, employee, or other person entrusted by law with the
raising, disposition, or expenditure of the money or part of the
money is subject to the following:
(1) Examination by the state board of accounts.
(2) The same penalties and the same provision for publicity
that are provided by law for state money and state officers.