Indiana 2024 Regular Session

Indiana Senate Bill SB0209 Compare Versions

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1-*SB0209.1*
2-January 23, 2024
1+
2+Introduced Version
33 SENATE BILL No. 209
44 _____
5-DIGEST OF SB 209 (Updated January 18, 2024 5:43 pm - DI 150)
6-Citations Affected: IC 4-13.6; IC 4-23; IC 4-37; IC 14-8; IC 14-9;
7-IC 14-10; IC 14-12; IC 14-20; IC 34-30; IC 35-52.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 4-13.6-2-3; IC 4-23-25.1-6; IC 4-37;
7+IC 14-8-2; IC 14-9-4-1; IC 14-10-3-1; IC 14-12-2; IC 14-20;
8+IC 34-30-2.1-18; IC 35-52-14-7.5.
89 Synopsis: Historic sites. Establishes the division of historic sites
910 (division) in the department of natural resources. Transfers
1011 management of historic sites from the Indiana state museum and
1112 historic sites corporation to the division. Makes an appropriation.
1213 Effective: July 1, 2024.
13-Leising, Byrne, Glick, Becker
14+Leising, Byrne
1415 January 9, 2024, read first time and referred to Committee on Natural Resources.
15-January 22, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
16-Appropriations.
17-SB 209—LS 6633/DI 150 January 23, 2024
16+2024 IN 209—LS 6633/DI 150 Introduced
1817 Second Regular Session of the 123rd General Assembly (2024)
1918 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2019 Constitution) is being amended, the text of the existing provision will appear in this style type,
2120 additions will appear in this style type, and deletions will appear in this style type.
2221 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2322 provision adopted), the text of the new provision will appear in this style type. Also, the
2423 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2524 a new provision to the Indiana Code or the Indiana Constitution.
2625 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2726 between statutes enacted by the 2023 Regular Session of the General Assembly.
2827 SENATE BILL No. 209
2928 A BILL FOR AN ACT to amend the Indiana Code concerning
3029 natural and cultural resources and to make an appropriation.
3130 Be it enacted by the General Assembly of the State of Indiana:
3231 1 SECTION 1. IC 4-13.6-2-3, AS AMENDED BY P.L.166-2013,
3332 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3433 3 JULY 1, 2024]: Sec. 3. (a) This article applies to every expenditure of
3534 4 public funds, regardless of their source, including federal assistance
3635 5 money, by any governmental body for any public works project.
3736 6 (b) This article does not apply to the following:
3837 7 (1) The Indiana commission for higher education.
3938 8 (2) State educational institutions.
4039 9 (3) Military officers and military and armory boards of the state.
4140 10 (4) The state fair commission.
4241 11 (5) Any entity established by the general assembly as a body
4342 12 corporate and politic having authority and power to issue bonds
4443 13 to be secured and repaid solely by revenues pledged for that
4544 14 purpose. However, such an entity shall comply with this article if
4645 15 the law creating the entity requires it to do so.
4746 16 (6) The Indiana department of transportation, except to the extent
4847 17 that the Indiana department of transportation uses the services
49-SB 209—LS 6633/DI 150 2
48+2024 IN 209—LS 6633/DI 150 2
5049 1 provided by the department under this article.
5150 2 (7) The Indiana state museum and historic sites corporation.
5251 3 SECTION 2. IC 4-23-25.1-6, AS AMENDED BY P.L.43-2021,
5352 4 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5453 5 JULY 1, 2024]: Sec. 6. (a) The commission consists of the following
5554 6 seventeen (17) members:
5655 7 (1) Seven (7) members who represent an organization whose
5756 8 mission involves education, culture, women's history, or civic
5857 9 engagement, appointed by the governor.
5958 10 (2) One (1) member of the house of representatives, appointed by
6059 11 the speaker of the house of representatives.
6160 12 (3) One (1) member of the house of representatives, appointed by
6261 13 the minority leader of the house of representatives.
6362 14 (4) One (1) member of the senate, appointed by the president pro
6463 15 tempore of the senate.
6564 16 (5) One (1) member of the senate, appointed by the minority
6665 17 leader of the senate.
6766 18 (6) The lieutenant governor or the lieutenant governor's designee.
6867 19 (7) The chief justice of Indiana or the chief justice's designee.
6968 20 (8) The chairperson of the Indiana commission for women or the
7069 21 chairperson's designee.
7170 22 (9) The secretary of education or the secretary's designee.
7271 23 (10) The chief executive officer of the Indiana state museum and
7372 24 historic sites corporation or the chief executive officer's designee.
7473 25 (11) The director of the Indiana archives and records
7574 26 administration or the director's designee.
7675 27 (b) A legislative member of the commission appointed under
7776 28 subsection (a)(2) through (a)(5) is a nonvoting advisory member.
7877 29 SECTION 3. IC 4-37-1-3, AS ADDED BY P.L.167-2011,
7978 30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8079 31 JULY 1, 2024]: Sec. 3. "Chief executive officer" refers to the chief
8180 32 executive officer of the Indiana state museum and historic sites
8281 33 corporation appointed under IC 4-37-2-5 and the director of the state
8382 34 museum.
8483 35 SECTION 4. IC 4-37-1-4, AS ADDED BY P.L.167-2011,
8584 36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8685 37 JULY 1, 2024]: Sec. 4. "Corporation" refers to the Indiana state
8786 38 museum and historic sites corporation established by IC 4-37-2-1.
8887 39 SECTION 5. IC 4-37-1-6, AS ADDED BY P.L.167-2011,
8988 40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9089 41 JULY 1, 2024]: Sec. 6. "Fund" refers to the state museum and historic
9190 42 sites development fund established by IC 4-37-7-1.
92-SB 209—LS 6633/DI 150 3
91+2024 IN 209—LS 6633/DI 150 3
9392 1 SECTION 6. IC 4-37-1-7 IS REPEALED [EFFECTIVE JULY 1,
9493 2 2024]. Sec. 7. "Historic site" refers to a state historic site established
9594 3 and maintained by the board under the criteria established by the board.
9695 4 SECTION 7. IC 4-37-1-9, AS ADDED BY P.L.167-2011,
9796 5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9897 6 JULY 1, 2024]: Sec. 9. "State museums" museum" refers to the
9998 7 following:
10099 8 (1) The state museum located in the White River State Park.
101100 9 (2) The historic sites.
102101 10 SECTION 8. IC 4-37-2-1, AS ADDED BY P.L.167-2011,
103102 11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
104103 12 JULY 1, 2024]: Sec. 1. The Indiana state museum and historic sites
105104 13 corporation is established.
106105 14 SECTION 9. IC 4-37-2-8, AS ADDED BY P.L.167-2011,
107106 15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
108107 16 JULY 1, 2024]: Sec. 8. (a) After June 30, 2011, 2024, rules that
109108 17 concern the division of state museums and historic sites that were
110109 18 adopted by the natural resources commission to govern the state
111110 19 museum shall be treated as rules applying to the corporation.
112111 20 (b) After June 30, 2024, rules that concern the division of state
113112 21 museums and historic sites that were adopted by the natural
114113 22 resources commission to govern historic sites shall be treated as
115114 23 rules applying to the division of historic sites (IC 14-20-1.5).
116115 24 (c) After June 30, 2011, 2024, a reference to the department of
117116 25 natural resources in a statute or rule concerning the division of state
118117 26 museums and historic sites' management of the state museum shall
119118 27 be treated as a reference to the corporation.
120119 28 (d) After June 30, 2024, a reference to the department of natural
121120 29 resources in a statute or rule concerning the division of state
122121 30 museums and historic sites' management of historic sites shall be
123122 31 treated as a reference to the division of historic sites (IC 14-20-1.5).
124123 32 SECTION 10. IC 4-37-4-1, AS ADDED BY P.L.167-2011,
125124 33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
126125 34 JULY 1, 2024]: Sec. 1. The title to the following shall be held in the
127126 35 name of the state of Indiana:
128127 36 (1) Property constituting the state museums, museum, except to
129128 37 the extent that the property is subject to a use and occupancy
130129 38 agreement between the Indiana finance authority and the Indiana
131130 39 department of administration.
132131 40 (2) Property acquired by the board.
133132 41 SECTION 11. IC 4-37-4-2, AS ADDED BY P.L.167-2011,
134133 42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
135-SB 209—LS 6633/DI 150 4
134+2024 IN 209—LS 6633/DI 150 4
136135 1 JULY 1, 2024]: Sec. 2. The board shall do the following:
137136 2 (1) Operate and administer the state museums. museum.
138137 3 (2) Maintain accreditation of the state museums. museum.
139138 4 (3) Collect, preserve, display, and interpret artifacts and materials
140139 5 reflecting the cultural and natural history of Indiana.
141140 6 (4) Prepare and maintain a statewide inventory of the artifacts and
142141 7 materials described in subdivision (3).
143142 8 (5) Uphold the highest professional and ethical standards, as
144143 9 adopted by the American Association of Museums.
145144 10 SECTION 12. IC 4-37-4-3, AS AMENDED BY P.L.189-2018,
146145 11 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
147146 12 JULY 1, 2024]: Sec. 3. The board may do the following:
148147 13 (1) Do any and all acts and things necessary, proper, or
149148 14 convenient to carry out this article.
150149 15 (2) Hold meetings under IC 5-14-1.5 at the times and places in
151150 16 Indiana that are prescribed by the board's bylaws.
152151 17 (3) Adopt an official seal.
153152 18 (4) Adopt bylaws.
154153 19 (5) Make and execute contracts and other instruments necessary
155154 20 or convenient to the exercise of the board's powers.
156155 21 (6) Acquire by grant, purchase, gift, devise, or lease or otherwise
157156 22 and hold, use, sell, lease, manage, operate, clear, improve,
158157 23 encumber, transfer, convey, exchange, or dispose of the
159158 24 following:
160159 25 (A) Real and personal property and any interest in real or
161160 26 personal property.
162161 27 (B) Facilities.
163162 28 (C) Money or stocks.
164163 29 (D) Any right or interest necessary or useful for carrying out
165164 30 the board's powers and duties under this article.
166165 31 (7) Procure insurance against any loss in connection with the
167166 32 board's operations.
168167 33 (8) Enter into contractual or other arrangements with the Indiana
169168 34 department of administration in connection with the financing of
170169 35 the state museums under IC 4-13.5. museum.
171170 36 (9) Notwithstanding IC 4-13.5-4-5 (before its repeal), allocate
172171 37 space in museums financed by the Indiana finance authority under
173172 38 IC 4-13.5.
174173 39 (10) Fix and collect rents, admission charges, fees, tolls, and other
175174 40 user charges for:
176175 41 (A) the state museums; museum;
177176 42 (B) restaurants;
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179178 1 (C) other facilities; and
180179 2 (D) programs, lectures, classes, tours, and trips.
181180 3 (11) Maintain shops and restaurants on property that the board
182181 4 manages and at other locations and employ or contract with
183182 5 persons to manage the shops and restaurants.
184183 6 (12) Make or sell the following:
185184 7 (A) Pictures, models, books, and other representations of the
186185 8 museum and its artifacts and exhibits.
187186 9 (B) Souvenirs, crafts, art, videotapes, digital video discs, and
188187 10 other merchandise.
189188 11 (13) Pay royalties, license fees, or charges for exhibits, artifacts,
190189 12 artwork, or materials.
191190 13 (14) Own copyrights, trademarks, and service marks and enforce
192191 14 the board's rights with respect to ownership.
193192 15 (15) Conduct market research concerning the state museums.
194193 16 museum.
195194 17 (16) Adopt rules under IC 4-22-2 to carry out the purposes of this
196195 18 article.
197196 19 SECTION 13. IC 4-37-4-3.5 IS ADDED TO THE INDIANA CODE
198197 20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
199198 21 1, 2024]: Sec. 3.5. The board shall not do the following:
200199 22 (1) Operate and administer the historic sites (as defined in
201200 23 IC 14-20-1.5-2).
202201 24 (2) Maintain accreditation of the historic sites (as defined in
203202 25 IC 14-20-1.5-2).
204203 26 SECTION 14. IC 4-37-4-4, AS AMENDED BY P.L.166-2013,
205204 27 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
206205 28 JULY 1, 2024]: Sec. 4. (a) The board may accept or refuse to accept an
207206 29 offered gift of historic property to be administered by the board.
208207 30 (b) (a) Notwithstanding IC 4-20.5-7 and IC 5-22-22, the board may
209208 31 improve, encumber, sell, lease, transfer, convey, or exchange historic
210209 32 property administered by the board.
211210 33 (c) (b) Notwithstanding IC 5-22-22, the board may, in accordance
212211 34 with the board's policies, sell, donate, or exchange artifacts in the state
213212 35 museums' museum's collections to or with other public or nonprofit
214213 36 museums or historical societies.
215214 37 (d) (c) Subject to subsection (d), the board may by rule establish
216215 38 a procedure for evaluating the merits of proposals to:
217216 39 (1) accept gifts of;
218217 40 (2) sell;
219218 41 (3) encumber;
220219 42 (4) transfer;
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220+2024 IN 209—LS 6633/DI 150 6
222221 1 (5) convey; or
223222 2 (6) exchange;
224223 3 artifacts or historic property.
225224 4 (d) The board may not by rule establish any procedures that
226225 5 impact historic sites (as defined in IC 14-20-1.5-2).
227226 6 (e) The board may donate or make short term loans of artifacts in
228227 7 the museums' museum's collections to other:
229228 8 (1) public or nonprofit museums; or
230229 9 (2) historical societies.
231230 10 SECTION 15. IC 4-37-5-2, AS ADDED BY P.L.167-2011,
232231 11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
233232 12 JULY 1, 2024]: Sec. 2. The board shall do the following:
234233 13 (1) Establish policies for the governance and management of the
235234 14 staffs staff of the state museums. museum.
236235 15 (2) Establish the rights and duties of corporation employees,
237236 16 including a pay scale and benefit package.
238237 17 (3) Employ or contract with consultants, attorneys, or other
239238 18 persons as are required in the judgment of the board and pay
240239 19 compensation from funds available to the board.
241240 20 SECTION 16. IC 4-37-5-5, AS ADDED BY P.L.167-2011,
242241 21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
243242 22 JULY 1, 2024]: Sec. 5. (a) The board may hire, fix the compensation
244243 23 of, review the performance of, and dismiss, subject to the governor's
245244 24 approval, a chief executive officer who:
246245 25 (1) is the director of the state museums; museum;
247246 26 (2) is the chief administrative officer of the corporation; and
248247 27 (3) supervises and directs the work of the state museums' staffs
249248 28 museum's staff and contractors.
250249 29 (b) The chief executive officer may hire, fix the compensation of,
251250 30 review the performance of, and dismiss employees of the corporation.
252251 31 SECTION 17. IC 4-37-5-7, AS ADDED BY P.L.167-2011,
253252 32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
254253 33 JULY 1, 2024]: Sec. 7. The board may assist in the professional
255254 34 development of the museums' staffs. museum's staff.
256255 35 SECTION 18. IC 4-37-7-1, AS ADDED BY P.L.167-2011,
257256 36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
258257 37 JULY 1, 2024]: Sec. 1. The state museum and historic sites
259258 38 development fund is established. The corporation or an entity
260259 39 designated by the board shall administer the fund.
261260 40 SECTION 19. IC 4-37-7-5, AS ADDED BY P.L.167-2011,
262261 41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
263262 42 JULY 1, 2024]: Sec. 5. Except as provided in section 8 of this chapter,
264-SB 209—LS 6633/DI 150 7
263+2024 IN 209—LS 6633/DI 150 7
265264 1 the following shall be deposited in the fund:
266265 2 (1) Proceeds from admission and user fees.
267266 3 (2) Sales at the museum shops. shop.
268267 4 (3) Facility rentals.
269268 5 (4) Restaurant sales.
270269 6 (5) Any other income generated by the state museums. museum.
271270 7 (6) Gifts of money or the proceeds from the sale of gifts donated
272271 8 to the state museums. museum.
273272 9 SECTION 20. IC 4-37-7-7, AS ADDED BY P.L.167-2011,
274273 10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
275274 11 JULY 1, 2024]: Sec. 7. The chief executive officer shall report annually
276275 12 to the board and the budget committee on the activities, revenues,
277276 13 expenditures, and profits of the museums' museum's shops, facility
278277 14 rentals, and restaurants.
279278 15 SECTION 21. IC 14-8-2-77, AS AMENDED BY P.L.127-2022,
280279 16 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
281280 17 JULY 1, 2024]: Sec. 77. "Division" has the following meaning:
282281 18 (1) For purposes of IC 14-9-8, the meaning set forth in
283282 19 IC 14-9-8-2.
284283 20 (2) For purposes of IC 14-19-11, the meaning set forth in
285284 21 IC 14-19-11-2.
286285 22 (3) For purposes of IC 14-20-1.5, the meaning set forth in
287286 23 IC 14-20-1.5-1.
288287 24 (3) (4) For purposes of IC 14-21, the division of historic
289288 25 preservation and archeology.
290289 26 (4) (5) For purposes of IC 14-22, the division of fish and wildlife.
291290 27 (5) (6) For purposes of IC 14-24, the division of entomology and
292291 28 plant pathology.
293292 29 (6) (7) For purposes of IC 14-25.5, the division of water.
294293 30 (7) (8) For purposes of IC 14-31-2, the meaning set forth in
295294 31 IC 14-31-2-4.
296295 32 (8) (9) For purposes of IC 14-32, the division of soil conservation
297296 33 of the Indiana state department of agriculture established by
298297 34 IC 15-11-4-1.
299298 35 (9) (10) For purposes of IC 14-37, the division of reclamation.
300299 36 SECTION 22. IC 14-8-2-124, AS AMENDED BY P.L.167-2011,
301300 37 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
302301 38 JULY 1, 2024]: Sec. 124. "Historic property", for purposes of
303302 39 IC 14-20-1.5 and IC 14-21-1, means:
304303 40 (1) a historic site;
305304 41 (2) a historic structure; or
306305 42 (3) other personal or real property located on or in a historic site
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306+2024 IN 209—LS 6633/DI 150 8
308307 1 or historic structure.
309308 2 SECTION 23. IC 14-8-2-125, AS AMENDED BY P.L.111-2016,
310309 3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
311310 4 JULY 1, 2024]: Sec. 125. "Historic site" has the following meanings:
312311 5 (1) For purposes of IC 14-21-1, means a site that is important to
313312 6 the general, archeological, agricultural, economic, social,
314313 7 political, architectural, industrial, or cultural history of Indiana.
315314 8 The term includes adjacent property that is necessary for the
316315 9 preservation or restoration of the site.
317316 10 (2) For purposes of IC 14-22-6, the meaning set forth in
318317 11 IC 4-37-1-7. IC 14-20-1.5-2.
319318 12 SECTION 24. IC 14-8-2-126, AS AMENDED BY P.L.167-2011,
320319 13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
321320 14 JULY 1, 2024]: Sec. 126. "Historic structure", for purposes of
322321 15 IC 14-20-1.5 and IC 14-21-1, means a structure that is important to the
323322 16 general, archeological, agricultural, economic, social, political,
324323 17 architectural, industrial, or cultural history of Indiana. The term
325324 18 includes adjacent property that is necessary for the preservation or
326325 19 restoration of the structure.
327326 20 SECTION 25. IC 14-8-2-258, AS AMENDED BY P.L.167-2011,
328327 21 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
329328 22 JULY 1, 2024]: Sec. 258. "Site", for purposes of IC 14-20-1.5 and
330329 23 IC 14-21, includes the following:
331330 24 (1) An aboriginal mound, a fort, an earthwork, a village location,
332331 25 a burial ground, a ruin, a mine, a cave, a battleground, a
333332 26 shipwreck, or other similar location on land or under water.
334333 27 (2) A location that contains or did contain a structure.
335334 28 SECTION 26. IC 14-8-2-268, AS AMENDED BY P.L.167-2011,
336335 29 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
337336 30 JULY 1, 2024]: Sec. 268. "Structure" has the following meaning:
338337 31 (1) For purposes of IC 14-20-1.5 and IC 14-21, a manmade
339338 32 construction.
340339 33 (2) For purposes of IC 14-27-7.5, the meaning set forth in
341340 34 IC 14-27-7.5-5.
342341 35 SECTION 27. IC 14-9-4-1, AS AMENDED BY P.L.127-2022,
343342 36 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
344343 37 JULY 1, 2024]: Sec. 1. The following divisions are established within
345344 38 the department:
346345 39 (1) Administrative support services.
347346 40 (2) Asset management.
348347 41 (3) Engineering.
349348 42 (4) Entomology and plant pathology.
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349+2024 IN 209—LS 6633/DI 150 9
351350 1 (5) Finance.
352351 2 (6) Fish and wildlife.
353352 3 (7) Forestry.
354353 4 (8) Historic preservation and archeology.
355354 5 (9) Historic sites.
356355 6 (9) (10) Human resources.
357356 7 (10) (11) Land acquisition.
358357 8 (11) (12) Law enforcement.
359358 9 (12) (13) Management information systems.
360359 10 (13) (14) Nature preserves.
361360 11 (14) (15) Communications.
362361 12 (15) (16) Reclamation.
363362 13 (16) (17) State parks.
364363 14 (17) (18) Water.
365364 15 (18) (19) State land office.
366365 16 SECTION 28. IC 14-10-3-1, AS AMENDED BY P.L.127-2022,
367366 17 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
368367 18 JULY 1, 2024]: Sec. 1. This chapter applies to the property managers
369368 19 of each of the following divisions of the department:
370369 20 (1) State parks.
371370 21 (2) Forestry.
372371 22 (3) Fish and wildlife.
373372 23 (4) Historic sites.
374373 24 SECTION 29. IC 14-12-2-14, AS AMENDED BY P.L.127-2022,
375374 25 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
376375 26 JULY 1, 2024]: Sec. 14. (a) The President Benjamin Harrison
377376 27 conservation trust project committee is established.
378377 28 (b) The project committee consists of the following twenty (20)
379378 29 twenty-one (21) members:
380379 30 (1) The director of the division of fish and wildlife.
381380 31 (2) The director of the division of forestry.
382381 32 (3) The director of the division of nature preserves.
383382 33 (4) The director of the division of state parks.
384383 34 (5) The chief executive officer of the Indiana state museum and
385384 35 historic sites corporation established by IC 4-37-2-1.
386385 36 (6) The director of the division of historic sites.
387386 37 (6) (7) The chairperson of the board of directors of the natural
388387 38 resources foundation.
389388 39 (7) (8) Ten (10) individuals appointed by the governor. The
390389 40 governor shall appoint individuals so that all the following are
391390 41 satisfied:
392391 42 (A) The individuals must be residents of Indiana.
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392+2024 IN 209—LS 6633/DI 150 10
394393 1 (B) The individuals must have a demonstrated interest or
395394 2 experience in:
396395 3 (i) conservation of natural resources; or
397396 4 (ii) management of public property.
398397 5 (C) There must be two (2) committee members from each of
399398 6 the following regions of Indiana:
400399 7 (i) Northwest.
401400 8 (ii) Northeast.
402401 9 (iii) Southwest.
403402 10 (iv) Southeast.
404403 11 (v) Central.
405404 12 (8) (9) The following four (4) nonvoting members:
406405 13 (A) One (1) member of the house of representatives appointed
407406 14 by the speaker of the house of representatives.
408407 15 (B) One (1) member of the house of representatives appointed
409408 16 by the minority leader of the house of representatives.
410409 17 (C) One (1) member of the senate appointed by the president
411410 18 pro tempore of the senate.
412411 19 (D) One (1) member of the senate appointed by the minority
413412 20 leader of the senate.
414413 21 (c) The individuals appointed by the governor under subsection
415414 22 (b)(7) (b)(8) must represent one (1) or more of the following:
416415 23 (1) The environmentalist community.
417416 24 (2) The land trust community.
418417 25 (3) Organized hunting and fishing groups.
419418 26 (4) The forest products community.
420419 27 (5) The parks and recreation community.
421420 28 Each group and community listed in subdivisions (1) through (5) must
422421 29 be represented on the project committee.
423422 30 SECTION 30. IC 14-12-2-15, AS AMENDED BY P.L.127-2022,
424423 31 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
425424 32 JULY 1, 2024]: Sec. 15. (a) As used in this section, "appointing
426425 33 authority" refers to:
427426 34 (1) the governor in the case of a member appointed under section
428427 35 14(b)(7) 14(b)(8) of this chapter; or
429428 36 (2) the speaker of the house of representatives, the minority leader
430429 37 of the house of representatives, the president pro tempore of the
431430 38 senate, or the minority leader of the senate in the case of a
432431 39 member appointed under section 14(b)(8) 14(b)(9) of this
433432 40 chapter, whichever is applicable.
434433 41 (b) As used in this section, "member" refers to a member of the
435434 42 project committee appointed under section 14(b)(7) 14(b)(8) through
436-SB 209—LS 6633/DI 150 11
435+2024 IN 209—LS 6633/DI 150 11
437436 1 14(b)(8) 14(b)(9) of this chapter.
438437 2 (c) Except as provided in subsection (e), the term of a member
439438 3 begins on the later of the following:
440439 4 (1) The day the term of the member who the individual is
441440 5 appointed to succeed expires.
442441 6 (2) The day the individual is appointed by the appointing
443442 7 authority.
444443 8 (d) Except as provided in subsection (e), the term of a member
445444 9 expires July 1 of the second year after the member is appointed or until
446445 10 a successor is appointed. However, a member serves at the pleasure of
447446 11 the appointing authority.
448447 12 (e) This subsection applies to a member appointed under section
449448 13 14(b)(8) 14(b)(9) of this chapter. The member's term begins on the date
450449 14 of the appointment and ends on the last day of the member's term as a
451450 15 member of the general assembly. However, the member serves at the
452451 16 pleasure of the appointing authority.
453452 17 (f) The appointing authority may reappoint a member for a new
454453 18 term.
455454 19 (g) The appointing authority shall appoint an individual to fill a
456455 20 vacancy among the members.
457456 21 SECTION 31. IC 14-12-2-18, AS AMENDED BY P.L.127-2022,
458457 22 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
459458 23 JULY 1, 2024]: Sec. 18. (a) Eight (8) Nine (9) members of the project
460459 24 committee constitute a quorum.
461460 25 (b) The affirmative vote of a majority of the voting members of the
462461 26 project committee present and voting is necessary for the project
463462 27 committee to take any action.
464463 28 (c) A member of the project committee described in section 14(b)(1)
465464 29 through 14(b)(5) of this chapter may designate in writing a
466465 30 representative from the respective division to serve as a member of the
467466 31 project committee when the member of the project committee is unable
468467 32 to attend a meeting.
469468 33 SECTION 32. IC 14-20-1.5 IS ADDED TO THE INDIANA CODE
470469 34 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
471470 35 JULY 1, 2024]:
472471 36 Chapter 1.5. Division of Historic Sites
473472 37 Sec. 0.5. (a) All real property, personal property, and artifacts
474473 38 used in the:
475474 39 (1) administration;
476475 40 (2) operation; or
477476 41 (3) acquisition;
478477 42 of state historic sites by the corporation established by IC 4-37-2-1
479-SB 209—LS 6633/DI 150 12
478+2024 IN 209—LS 6633/DI 150 12
480479 1 are transferred to the division of historic sites.
481480 2 (b) All powers, duties, assets, and liabilities of the corporation
482481 3 regarding state historic sites are transferred to the division of
483482 4 historic sites.
484483 5 (c) On July 1, 2024, the budget agency shall determine and
485484 6 transfer funds:
486485 7 (1) used to operate and maintain historic sites from the state
487486 8 museum development fund (IC 4-37-7-1); and
488487 9 (2) from any other account intended for the use of state
489488 10 historic sites, including programs, education, and collections
490489 11 funds;
491490 12 to the state historic sites development fund established by section
492491 13 19 of this chapter.
493492 14 (d) The budget agency shall transfer to the department
494493 15 appropriations for the corporation for the period beginning July
495494 16 1, 2023, and ending June 30, 2025, that were intended for the
496495 17 operation and improvement of the historic sites according to an
497496 18 allotment schedule under IC 4-13-2-18.
498497 19 Sec. 1. As used in this chapter, "division" refers to the division
499498 20 of historic sites.
500499 21 Sec. 1.5. As used in this chapter, "foundation" refers to the
501500 22 Indiana historic sites foundation, established by section 20 of this
502501 23 chapter.
503502 24 Sec. 2. As used in this chapter, "historic site" refers to a state
504503 25 historic site established and maintained by the trustees under the
505504 26 criteria established by the trustees.
506505 27 Sec. 3. As used in this chapter, "state agency" has the meaning
507506 28 set forth in IC 4-1-13-1.
508507 29 Sec. 4. As used in this chapter, "trustees" refers to the board of
509508 30 trustees for the division of historic sites established by IC 14-9-4-1.
510509 31 Sec. 5. The division of historic sites shall administer and develop
511510 32 the programs and policies established by this chapter.
512511 33 Sec. 6. The division may do the following:
513512 34 (1) Undertake the action necessary to qualify the state for
514513 35 participation in sources of federal aid to preserve historic
515514 36 property, materials, items, sites, and memorials.
516515 37 (2) Provide information on historic property, materials, items,
517516 38 sites, and memorials within Indiana to federal, state, and local
518517 39 governmental agencies, private individuals, and
519518 40 organizations.
520519 41 (3) Advise and coordinate the activities of local historical
521520 42 associations, historic district commissions, historic
522-SB 209—LS 6633/DI 150 13
521+2024 IN 209—LS 6633/DI 150 13
523522 1 commissions, and other interested groups or persons.
524523 2 (4) Provide technical and financial assistance to local
525524 3 historical associations, historic district commissions, historic
526525 4 commissions, and other interested groups or persons.
527526 5 (5) Develop a program of interpretation and publication of the
528527 6 state's historical, architectural, and archeological resources.
529528 7 (6) Collect and preserve objects of scientific and cultural
530529 8 value representing past and present flora and fauna, the life
531530 9 and work of mankind, geological history, natural resources,
532531 10 the manufacturing arts, and fine arts.
533532 11 Sec. 7. The division shall do the following:
534533 12 (1) Establish standards and criteria for the acquisition of
535534 13 historic properties and for the preservation, restoration,
536535 14 administration, and operation of the sites and structures
537536 15 acquired.
538537 16 (2) Acquire by purchase, lease, or gift appropriate historic
539538 17 sites and historic structures.
540539 18 (3) Operate and administer the historic sites and historic
541540 19 structures owned or acquired by the state in accordance with
542541 20 this chapter.
543542 21 Sec. 8. (a) The board of trustees for the division of historic sites
544543 22 is established.
545544 23 (b) The trustees consist of thirteen (13) members as follows:
546545 24 (1) The director of the department, who serves as chairperson.
547546 25 (2) Twelve (12) members appointed by the governor as
548547 26 follows:
549548 27 (A) One (1) member of the Indiana historic sites
550549 28 foundation, nominated by the foundation.
551550 29 (B) Two (2) members who are recognized supporters of
552551 30 historic sites.
553-31 (C) One (1) member who is a resident of Indiana's First
554-32 Congressional District.
555-33 (D) One (1) member who is a resident of Indiana's Second
556-34 Congressional District.
557-35 (E) One (1) member who is a resident of Indiana's Third
558-36 Congressional District.
559-37 (F) One (1) member who is a resident of Indiana's Fourth
560-38 Congressional District.
561-39 (G) One (1) member who is a resident of Indiana's Fifth
562-40 Congressional District.
563-41 (H) One (1) member who is a resident of Indiana's Sixth
564-42 Congressional District.
565-SB 209—LS 6633/DI 150 14
566-1 (I) One (1) member who is a resident of Indiana's Seventh
567-2 Congressional District.
568-3 (J) One (1) member who is a resident of Indiana's Eighth
569-4 Congressional District.
570-5 (K) One (1) member who is a resident of Indiana's Ninth
571-6 Congressional District.
572-7 (c) A member appointed under subsection (b)(2)(A) through
573-8 (b)(2)(E) serves an initial term that expires December 31, 2025, and
574-9 then is appointed every fourth year thereafter. A member
575-10 appointed under subsection (b)(2)(F) through (b)(2)(K) serves an
576-11 initial term that expires December 31, 2027, and then is appointed
577-12 every fourth year thereafter.
578-13 Sec. 9. Each appointed member of the trustees serves at the
579-14 pleasure of the governor for a term of four (4) years.
580-15 Sec. 10. A vacancy on the board of trustees shall be filled for the
581-16 unexpired term in the same manner as for a full term.
582-17 Sec. 11. (a) Each member of the trustees who is not a state
583-18 employee is entitled to the minimum salary per diem provided by
584-19 IC 4-10-11-2.1(b). The member is also entitled to reimbursement
585-20 for traveling expenses as provided under IC 4-13-1-4 and other
586-21 expenses actually incurred in connection with the member's duties
587-22 as provided in the state policies and procedures established by the
588-23 Indiana department of administration and approved by the budget
589-24 agency.
590-25 (b) Each member of the trustees who is a state employee is
591-26 entitled to reimbursement for traveling expenses as provided under
592-27 IC 4-13-1-4 and other expenses actually incurred in connection
593-28 with the member's duties as provided in the state policies and
594-29 procedures established by the Indiana department of
595-30 administration and approved by the budget agency.
596-31 Sec. 12. The trustees shall select a vice chairperson from the
597-32 trustees' membership for a term of one (1) year expiring
598-33 September 1 following the selection. The division director is the
599-34 secretary of the trustees.
600-35 Sec. 13. Seven (7) members of the trustees constitute a quorum.
601-36 Sec. 14. The trustees shall do the following:
602-37 (1) Nominate, when the position of division director is vacant,
603-38 a person to be appointed by the director to the position. If the
604-39 director rejects a nominee's appointment, the trustees shall
605-40 nominate another person.
606-41 (2) Recommend, when appropriate, the dismissal of a division
607-42 director.
608-SB 209—LS 6633/DI 150 15
609-1 (3) Make recommendations concerning the salary ranges of
610-2 the administrative, professional, and technical staff of the
611-3 division.
612-4 (4) Review the budget needs and requests of the division and
613-5 make recommendations concerning the needs and requests to
614-6 the governor through the director.
615-7 (5) Recommend that the department accept or reject, hold, or
616-8 dispose of grants of property to be administered by the
617-9 division for the purpose of preservation, research, or
618-10 interpretation of significant areas, events, or grants to Indiana
619-11 citizens for the purpose of preserving, studying, and
620-12 interpreting archeological and natural phenomena, cultural
621-13 trends, and accomplishments.
622-14 (6) Review, guide, and assist in the development of statewide
623-15 outreach programs.
624-16 (7) Review, guide, and assist in the development of
625-17 professionalism of the staff and operations.
626-18 (8) Review, recommend, and devise methods to enable the
627-19 division to do the following:
628-20 (A) Increase the division's physical plant.
629-21 (B) Expand educational areas.
630-22 (C) Meet storage needs.
631-23 (9) Develop a plan of growth to meet physical, program, and
632-24 financial needs for both the immediate and long range future,
633-25 monitor the plan at regular intervals, and ensure that the
634-26 division stays within the developed plan.
635-27 (10) Recommend policies, procedures, and practices that the
636-28 commission, the director, and the secretary shall consider.
637-29 (11) Give advice or make recommendations to the governor
638-30 and the general assembly when requested or on the initiative
639-31 of the trustees.
640-32 (12) Review the conduct of the work of the division. To
641-33 implement this duty, the trustees have access at any
642-34 reasonable time to copies of all records pertaining to the work
643-35 of the division.
644-36 (13) Adopt bylaws consistent with this chapter for the
645-37 division's internal control and management and file a copy of
646-38 the bylaws with the director.
647-39 (14) Hold meetings at the times and places in Indiana that are
648-40 prescribed by the bylaws, but at least quarterly.
649-41 (15) Keep minutes of the transactions of each regular and
650-42 special meeting and file the minutes with the director. The
651-SB 209—LS 6633/DI 150 16
652-1 minutes are public records.
653-2 (16) Promote the welfare of the division.
654-3 (17) Make recommendations concerning the administration of
655-4 the historic site acquisition fund established by section 16 of
656-5 this chapter.
657-6 Sec. 15. (a) The commission may, on recommendation of the
658-7 trustees, accept or refuse to accept an offered gift of historic
659-8 property that would be administered by the department.
660-9 (b) The commission may, on recommendation of the trustees,
661-10 sell or exchange historic property administered by the department
662-11 under IC 4-20.5-7 or IC 5-22-22.
663-12 (c) The commission may, on recommendation of the trustees and
664-13 in accordance with rules adopted by the commission under
665-14 IC 4-22-2, sell, donate, or exchange artifacts in the museum's
666-15 collection to or with other public or nonprofit museums or
667-16 historical societies. However, the commission may donate an
668-17 artifact in the museum's collection to a public or nonprofit museum
669-18 or historical society under this subsection only if the museum or
670-19 historical society is located in Indiana.
671-20 (d) The commission may, on recommendation of the trustees,
672-21 adopt rules under IC 4-22-2 to establish a procedure for evaluating
673-22 the merits of proposals to:
674-23 (1) accept gifts of;
675-24 (2) sell; or
676-25 (3) exchange;
677-26 artifacts or historic property.
678-27 Sec. 16. (a) The historic site acquisition fund is established. The
679-28 division shall administer the fund.
680-29 (b) The following shall be deposited in the fund:
681-30 (1) Gifts of money to the fund or the proceeds from the sale of
682-31 gifts donated to the fund.
683-32 (2) The proceeds from sales under this chapter.
684-33 (c) The treasurer of state shall invest the money in the fund not
685-34 currently needed to meet the obligations of the fund in the same
686-35 manner as other public money may be invested.
687-36 (d) The expenses of administering the fund shall be paid from
688-37 money in the fund.
689-38 (e) The division may, on recommendation of the trustees,
690-39 purchase with money in the fund objects for the state museum
691-40 collection. All money accruing to the fund is continuously
692-41 appropriated for this purpose.
693-42 (f) Money in the fund at the end of a state fiscal year does not
694-SB 209—LS 6633/DI 150 17
695-1 revert to the state general fund.
696-2 Sec. 17. A person who:
697-3 (1) knowingly; and
698-4 (2) without a permit;
699-5 alters historic property within the boundaries of property owned
700-6 or leased by the state commits a Class B misdemeanor.
701-7 Sec. 18. (a) The department may, by contract, delegate the
702-8 management of historic sites property held and managed by the
703-9 department to the foundation under terms the department
704-10 considers advisable.
705-11 (b) Under a contract entered into under subsection (a), the
706-12 department may:
707-13 (1) provide office facilities and administrative support to the
708-14 foundation;
709-15 (2) assign department employees to administrative and
710-16 program duties at the state museum;
711-17 (3) act in an advisory capacity for the foundation; and
712-18 (4) accept donations on behalf of the foundation.
713-19 Sec. 19. (a) The state historic sites development fund is
714-20 established for the purpose of promoting interest in and use of
715-21 Indiana historic sites.
716-22 (b) The fund shall be administered by the department or an
717-23 entity designated by the department. The fund consists of the
718-24 following:
719-25 (1) Money appropriated to the fund by the general assembly.
720-26 (2) Revenue generated by exhibit fees.
721-27 (3) Concessions.
722-28 (4) Donations.
723-29 (5) Grants.
724-30 (6) Other miscellaneous revenue.
725-31 (c) Money in the fund at the end of a state fiscal year does not
726-32 revert to the state general fund.
727-33 (d) The balance of the fund is continuously appropriated and
728-34 may be used at the request of the department with the approval of
729-35 the budget agency after review by the budget committee.
730-36 Sec. 20. The board may designate, by adopting a resolution, an
731-37 existing nonprofit corporation or establish a nonprofit subsidiary
732-38 corporation, known as or to be known as the Indiana historic sites
733-39 foundation, that is exempt from federal income taxation under
734-40 Section 501(c)(3) of the Internal Revenue Code to solicit and accept
735-41 private funding, gifts, donations, bequests, devises, and
736-42 contributions.
737-SB 209—LS 6633/DI 150 18
738-1 Sec. 21. The foundation:
739-2 (1) shall use money received under section 20 of this chapter
740-3 to carry out in any manner the purposes and programs under
741-4 this chapter; and
742-5 (2) may deposit money received under section 20 of this
743-6 chapter in an account or fund that is:
744-7 (A) administered by the foundation; and
745-8 (B) not part of the state treasury.
746-9 Sec. 22. The foundation is governed by a board of trustees who
747-10 may appoint a director.
748-11 Sec. 23. Employees of the division shall provide administrative
749-12 support for the foundation.
750-13 Sec. 24. The foundation is subject to compliance audits by the
751-14 state board of accounts.
752-15 SECTION 33. IC 14-20-6-3, AS AMENDED BY P.L.167-2011,
753-16 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
754-17 JULY 1, 2024]: Sec. 3. The real property shall be administered,
755-18 maintained, managed, and controlled by the Indiana state museum and
756-19 historic sites corporation (IC 4-37-2-1) division of historic sites
757-20 (IC 14-20-1.5-8) and shall be known as The James F.D. Lanier Home.
758-21 SECTION 34. IC 14-20-7-3, AS AMENDED BY P.L.167-2011,
759-22 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
760-23 JULY 1, 2024]: Sec. 3. The Indiana state museum and historic sites
761-24 corporation (IC 4-37-2-1) division of historic sites (IC 14-20-1.5-8)
762-25 may receive donations for the upkeep of the monument provided for in
763-26 this chapter.
764-27 SECTION 35. IC 14-20-8-3, AS AMENDED BY P.L.167-2011,
765-28 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
766-29 JULY 1, 2024]: Sec. 3. The real property shall be administered by the
767-30 Indiana state museum and historic sites corporation (IC 4-37-2-1)
768-31 division of historic sites (IC 14-20-1.5-8) as a historic property and
769-32 shall be known as the William S. Culbertson Mansion.
770-33 SECTION 36. IC 14-20-8-4, AS AMENDED BY P.L.167-2011,
771-34 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
772-35 JULY 1, 2024]: Sec. 4. The Indiana state museum and historic sites
773-36 corporation (IC 4-37-2-1) may receive the following:
774-37 (1) Donations for the maintenance of the mansion.
775-38 (2) Other money that is necessary to carry out this chapter.
776-39 SECTION 37. IC 14-20-9-1, AS AMENDED BY P.L.167-2011,
777-40 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
778-41 JULY 1, 2024]: Sec. 1. This section and sections 2 through 5 of this
779-42 chapter do not apply if:
780-SB 209—LS 6633/DI 150 19
781-1 (1) the Wilbur Wright memorial is transferred to the Wilbur
782-2 Wright Birthplace Preservation Society after June 30, 1995; or
783-3 (2) the board of trustees of the Indiana state museum and historic
784-4 sites corporation (IC 4-37-2-1) for the division of historic sites
785-5 (IC 14-20-1.5-8) declares the memorial to be surplus to the needs
786-6 of the state museum and historic sites corporation. division of
787-7 historic sites.
788-8 SECTION 38. IC 14-20-9-4, AS AMENDED BY P.L.167-2011,
789-9 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
790-10 JULY 1, 2024]: Sec. 4. The Indiana state museum and historic sites
791-11 corporation (IC 4-37-2-1) shall administer the real property, which
792-12 shall be known as the Wilbur Wright Birthplace.
793-13 SECTION 39. IC 14-20-9-5, AS AMENDED BY P.L.167-2011,
794-14 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
795-15 JULY 1, 2024]: Sec. 5. The Indiana state museum and historic sites
796-16 corporation (IC 4-37-2-1) division of historic sites (IC 14-20-1.5-8)
797-17 may do the following:
798-18 (1) Receive any appropriations made by the federal government
799-19 to assist in memorializing the achievements of Wilbur Wright.
800-20 (2) Expend the money received from the federal government in
801-21 conformity with this chapter or the federal law making the
802-22 appropriation.
803-23 SECTION 40. IC 14-20-10-2, AS AMENDED BY P.L.167-2011,
804-24 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
805-25 JULY 1, 2024]: Sec. 2. The real property shall be administered by the
806-26 Indiana state museum and historic sites corporation (IC 4-37-2-1)
807-27 division of historic sites (IC 14-20-1.5-8) as a historic property and
808-28 shall be known as the Ernie Pyle Birthplace.
809-29 SECTION 41. IC 14-20-12-3, AS AMENDED BY P.L.78-2019,
810-30 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
811-31 JULY 1, 2024]: Sec. 3. Thousands of Hoosiers all over the nation have
812-32 contributed toward the moving and restoration of this historic house
813-33 and because the house has already proven to be an outstanding tourist
814-34 attraction and in keeping with our great American heritage, it is the
815-35 intent of this chapter that the office of tourism development (before
816-36 July 1, 2020) or the Indiana destination development corporation (after
817-37 June 30, 2020), the Indiana state museum and historic sites corporation
818-38 (IC 4-37-2-1), division of historic sites (IC 14-20-1.5-8), and other
819-39 appropriate state boards and agencies give widespread publicity to this
820-40 memorial by brochure, pamphlet, or other means.
821-41 SECTION 42. IC 14-20-16-1, AS AMENDED BY P.L.167-2011,
822-42 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
823-SB 209—LS 6633/DI 150 20
824-1 JULY 1, 2024]: Sec. 1. (a) The governors' portraits collection is placed
825-2 in the custody of the Indiana state museum and historic sites
826-3 corporation (IC 4-37-2-1). The collection shall be permanently
827-4 displayed in public areas of the state house under the supervision of the
828-5 Indiana state museum and historic sites corporation, which is charged
829-6 with its care and maintenance.
830-7 (b) The chief executive officer of the Indiana state museum and
831-8 historic sites corporation shall inspect each painting in the collection
832-9 annually in the company of one (1) or more experts in the field of art
833-10 conservation selected by the chief executive officer of the Indiana state
834-11 museum and historic sites corporation.
835-12 (c) After the inauguration of each governor, the chief executive
836-13 officer of the Indiana state museum and historic sites corporation, with
837-14 the concurrence of the governor, shall select and commission an artist
838-15 to paint the governor's portrait. The portrait must be hung in the
839-16 permanent collection immediately following the completion and
840-17 acceptance of the portrait by the chief executive officer of the Indiana
841-18 state museum and historic sites corporation and the governor.
842-19 (d) The Indiana state museum and historic sites corporation shall
843-20 include in its budget requests the amount the Indiana state museum and
844-21 historic sites corporation considers necessary to:
845-22 (1) provide for the proper care, maintenance, and display of the
846-23 governors' portraits collection; and
847-24 (2) commission the painting of an oil portrait of each governor for
848-25 the collection.
849-26 The Indiana state museum and historic sites corporation may use
850-27 appropriated funds or any other funds provided for these purposes.
851-28 (e) The chief executive officer of the Indiana state museum and
852-29 historic sites corporation, in discharging the duties under this section,
853-30 shall use the appropriate cultural and technical resources of the state,
854-31 including the department, Indiana historical bureau, and the Indiana
855-32 department of administration.
856-33 SECTION 43. IC 14-20-16-2, AS AMENDED BY P.L.167-2011,
857-34 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
858-35 JULY 1, 2024]: Sec. 2. (a) The governors' portraits fund is established
859-36 as a dedicated fund to be administered by the Indiana state museum
860-37 and historic sites corporation (IC 4-37-2-1). Money in the fund may be
861-38 expended by the chief executive officer of the Indiana state museum
862-39 and historic sites corporation exclusively for the preservation and
863-40 exhibition of the state owned portraits of former governors of Indiana.
864-41 (b) The proceeds from the sale of items as directed by law or by the
865-42 chief executive officer of the Indiana state museum and historic sites
866-SB 209—LS 6633/DI 150 21
867-1 corporation, from gifts of money or the proceeds from the sale of gifts
868-2 donated to the fund, and from investment earnings from any portion of
869-3 the fund, shall be deposited in the governors' portraits fund.
870-4 (c) The treasurer of state shall invest the money in the fund not
871-5 currently needed to meet the obligations of the fund in the same
872-6 manner as other public money may be invested.
873-7 (d) All money accruing to the governors' portraits fund is
874-8 continuously allotted and appropriated for the purposes specified in this
875-9 section.
876-10 (e) Money in the fund at the end of the fiscal year does not revert to
877-11 the state general fund.
878-12 SECTION 44. IC 34-30-2.1-18, AS ADDED BY P.L.105-2022,
879-13 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
880-14 JULY 1, 2024]: Sec. 18. IC 4-37-3-5 (Concerning actions of members
881-15 of the board of trustees for the Indiana state museum and historic sites
882-16 corporation).
883-17 SECTION 45. IC 35-52-14-7.5 IS ADDED TO THE INDIANA
884-18 CODE AS A NEW SECTION TO READ AS FOLLOWS
885-19 [EFFECTIVE JULY 1, 2024]: Sec. 7.5. IC 14-20-1.5-17 defines a
886-20 crime concerning altering a historic property owned or leased by
887-21 the state.
888-SB 209—LS 6633/DI 150 22
889-COMMITTEE REPORT
890-Madam President: The Senate Committee on Natural Resources, to
891-which was referred Senate Bill No. 209, has had the same under
892-consideration and begs leave to report the same back to the Senate with
893-the recommendation that said bill be AMENDED as follows:
894-Page 13, delete lines 31 through 42, begin a new line double
895-blocked indented and insert:
896-"(C) One (1) member who is a resident of Indiana's First
897-Congressional District.
898-(D) One (1) member who is a resident of Indiana's Second
899-Congressional District.
900-(E) One (1) member who is a resident of Indiana's Third
901-Congressional District.
902-(F) One (1) member who is a resident of Indiana's Fourth
903-Congressional District.
904-(G) One (1) member who is a resident of Indiana's Fifth
905-Congressional District.
906-(H) One (1) member who is a resident of Indiana's Sixth
907-Congressional District.
908-(I) One (1) member who is a resident of Indiana's Seventh
909-Congressional District.
910-(J) One (1) member who is a resident of Indiana's Eighth
911-Congressional District.
912-(K) One (1) member who is a resident of Indiana's Ninth
913-Congressional District.
914-(c) A member appointed under subsection (b)(2)(A) through
915-(b)(2)(E) serves an initial term that expires December 31, 2025, and
916-then is appointed every fourth year thereafter. A member
917-appointed under subsection (b)(2)(F) through (b)(2)(K) serves an
918-initial term that expires December 31, 2027, and then is appointed
919-every fourth year thereafter.
920-Sec. 9. Each appointed member of the trustees serves at the
921-pleasure of the governor for a term of four (4) years.".
922-and when so amended that said bill do pass and be reassigned to the
923-Senate Committee on Appropriations.
924-(Reference is to SB 209 as introduced.)
925-GLICK, Chairperson
926-Committee Vote: Yeas 8, Nays 0.
927-SB 209—LS 6633/DI 150
552+31 (C) Not more than seven (7) members may be members of
553+32 the same political party.
554+33 (D) Not more than two (2) members may be from the same
555+34 county.
556+35 Each congressional district in Indiana must be represented by
557+36 at least one (1) member.
558+37 (c) The terms of the appointed members shall be staggered, as
559+38 determined by the governor.
560+39 Sec. 9. Each appointed member of the trustees:
561+40 (1) serves at the pleasure of the governor for a term of three
562+41 (3) years beginning September 1; and
563+42 (2) may not serve more than three (3) consecutive terms.
564+2024 IN 209—LS 6633/DI 150 14
565+1 Sec. 10. A vacancy on the board of trustees shall be filled for the
566+2 unexpired term in the same manner as for a full term.
567+3 Sec. 11. (a) Each member of the trustees who is not a state
568+4 employee is entitled to the minimum salary per diem provided by
569+5 IC 4-10-11-2.1(b). The member is also entitled to reimbursement
570+6 for traveling expenses as provided under IC 4-13-1-4 and other
571+7 expenses actually incurred in connection with the member's duties
572+8 as provided in the state policies and procedures established by the
573+9 Indiana department of administration and approved by the budget
574+10 agency.
575+11 (b) Each member of the trustees who is a state employee is
576+12 entitled to reimbursement for traveling expenses as provided under
577+13 IC 4-13-1-4 and other expenses actually incurred in connection
578+14 with the member's duties as provided in the state policies and
579+15 procedures established by the Indiana department of
580+16 administration and approved by the budget agency.
581+17 Sec. 12. The trustees shall select a vice chairperson from the
582+18 trustees' membership for a term of one (1) year expiring
583+19 September 1 following the selection. The division director is the
584+20 secretary of the trustees.
585+21 Sec. 13. Seven (7) members of the trustees constitute a quorum.
586+22 Sec. 14. The trustees shall do the following:
587+23 (1) Nominate, when the position of division director is vacant,
588+24 a person to be appointed by the director to the position. If the
589+25 director rejects a nominee's appointment, the trustees shall
590+26 nominate another person.
591+27 (2) Recommend, when appropriate, the dismissal of a division
592+28 director.
593+29 (3) Make recommendations concerning the salary ranges of
594+30 the administrative, professional, and technical staff of the
595+31 division.
596+32 (4) Review the budget needs and requests of the division and
597+33 make recommendations concerning the needs and requests to
598+34 the governor through the director.
599+35 (5) Recommend that the department accept or reject, hold, or
600+36 dispose of grants of property to be administered by the
601+37 division for the purpose of preservation, research, or
602+38 interpretation of significant areas, events, or grants to Indiana
603+39 citizens for the purpose of preserving, studying, and
604+40 interpreting archeological and natural phenomena, cultural
605+41 trends, and accomplishments.
606+42 (6) Review, guide, and assist in the development of statewide
607+2024 IN 209—LS 6633/DI 150 15
608+1 outreach programs.
609+2 (7) Review, guide, and assist in the development of
610+3 professionalism of the staff and operations.
611+4 (8) Review, recommend, and devise methods to enable the
612+5 division to do the following:
613+6 (A) Increase the division's physical plant.
614+7 (B) Expand educational areas.
615+8 (C) Meet storage needs.
616+9 (9) Develop a plan of growth to meet physical, program, and
617+10 financial needs for both the immediate and long range future,
618+11 monitor the plan at regular intervals, and ensure that the
619+12 division stays within the developed plan.
620+13 (10) Recommend policies, procedures, and practices that the
621+14 commission, the director, and the secretary shall consider.
622+15 (11) Give advice or make recommendations to the governor
623+16 and the general assembly when requested or on the initiative
624+17 of the trustees.
625+18 (12) Review the conduct of the work of the division. To
626+19 implement this duty, the trustees have access at any
627+20 reasonable time to copies of all records pertaining to the work
628+21 of the division.
629+22 (13) Adopt bylaws consistent with this chapter for the
630+23 division's internal control and management and file a copy of
631+24 the bylaws with the director.
632+25 (14) Hold meetings at the times and places in Indiana that are
633+26 prescribed by the bylaws, but at least quarterly.
634+27 (15) Keep minutes of the transactions of each regular and
635+28 special meeting and file the minutes with the director. The
636+29 minutes are public records.
637+30 (16) Promote the welfare of the division.
638+31 (17) Make recommendations concerning the administration of
639+32 the historic site acquisition fund established by section 16 of
640+33 this chapter.
641+34 Sec. 15. (a) The commission may, on recommendation of the
642+35 trustees, accept or refuse to accept an offered gift of historic
643+36 property that would be administered by the department.
644+37 (b) The commission may, on recommendation of the trustees,
645+38 sell or exchange historic property administered by the department
646+39 under IC 4-20.5-7 or IC 5-22-22.
647+40 (c) The commission may, on recommendation of the trustees and
648+41 in accordance with rules adopted by the commission under
649+42 IC 4-22-2, sell, donate, or exchange artifacts in the museum's
650+2024 IN 209—LS 6633/DI 150 16
651+1 collection to or with other public or nonprofit museums or
652+2 historical societies. However, the commission may donate an
653+3 artifact in the museum's collection to a public or nonprofit museum
654+4 or historical society under this subsection only if the museum or
655+5 historical society is located in Indiana.
656+6 (d) The commission may, on recommendation of the trustees,
657+7 adopt rules under IC 4-22-2 to establish a procedure for evaluating
658+8 the merits of proposals to:
659+9 (1) accept gifts of;
660+10 (2) sell; or
661+11 (3) exchange;
662+12 artifacts or historic property.
663+13 Sec. 16. (a) The historic site acquisition fund is established. The
664+14 division shall administer the fund.
665+15 (b) The following shall be deposited in the fund:
666+16 (1) Gifts of money to the fund or the proceeds from the sale of
667+17 gifts donated to the fund.
668+18 (2) The proceeds from sales under this chapter.
669+19 (c) The treasurer of state shall invest the money in the fund not
670+20 currently needed to meet the obligations of the fund in the same
671+21 manner as other public money may be invested.
672+22 (d) The expenses of administering the fund shall be paid from
673+23 money in the fund.
674+24 (e) The division may, on recommendation of the trustees,
675+25 purchase with money in the fund objects for the state museum
676+26 collection. All money accruing to the fund is continuously
677+27 appropriated for this purpose.
678+28 (f) Money in the fund at the end of a state fiscal year does not
679+29 revert to the state general fund.
680+30 Sec. 17. A person who:
681+31 (1) knowingly; and
682+32 (2) without a permit;
683+33 alters historic property within the boundaries of property owned
684+34 or leased by the state commits a Class B misdemeanor.
685+35 Sec. 18. (a) The department may, by contract, delegate the
686+36 management of historic sites property held and managed by the
687+37 department to the foundation under terms the department
688+38 considers advisable.
689+39 (b) Under a contract entered into under subsection (a), the
690+40 department may:
691+41 (1) provide office facilities and administrative support to the
692+42 foundation;
693+2024 IN 209—LS 6633/DI 150 17
694+1 (2) assign department employees to administrative and
695+2 program duties at the state museum;
696+3 (3) act in an advisory capacity for the foundation; and
697+4 (4) accept donations on behalf of the foundation.
698+5 Sec. 19. (a) The state historic sites development fund is
699+6 established for the purpose of promoting interest in and use of
700+7 Indiana historic sites.
701+8 (b) The fund shall be administered by the department or an
702+9 entity designated by the department. The fund consists of the
703+10 following:
704+11 (1) Money appropriated to the fund by the general assembly.
705+12 (2) Revenue generated by exhibit fees.
706+13 (3) Concessions.
707+14 (4) Donations.
708+15 (5) Grants.
709+16 (6) Other miscellaneous revenue.
710+17 (c) Money in the fund at the end of a state fiscal year does not
711+18 revert to the state general fund.
712+19 (d) The balance of the fund is continuously appropriated and
713+20 may be used at the request of the department with the approval of
714+21 the budget agency after review by the budget committee.
715+22 Sec. 20. The board may designate, by adopting a resolution, an
716+23 existing nonprofit corporation or establish a nonprofit subsidiary
717+24 corporation, known as or to be known as the Indiana historic sites
718+25 foundation, that is exempt from federal income taxation under
719+26 Section 501(c)(3) of the Internal Revenue Code to solicit and accept
720+27 private funding, gifts, donations, bequests, devises, and
721+28 contributions.
722+29 Sec. 21. The foundation:
723+30 (1) shall use money received under section 20 of this chapter
724+31 to carry out in any manner the purposes and programs under
725+32 this chapter; and
726+33 (2) may deposit money received under section 20 of this
727+34 chapter in an account or fund that is:
728+35 (A) administered by the foundation; and
729+36 (B) not part of the state treasury.
730+37 Sec. 22. The foundation is governed by a board of trustees who
731+38 may appoint a director.
732+39 Sec. 23. Employees of the division shall provide administrative
733+40 support for the foundation.
734+41 Sec. 24. The foundation is subject to compliance audits by the
735+42 state board of accounts.
736+2024 IN 209—LS 6633/DI 150 18
737+1 SECTION 33. IC 14-20-6-3, AS AMENDED BY P.L.167-2011,
738+2 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
739+3 JULY 1, 2024]: Sec. 3. The real property shall be administered,
740+4 maintained, managed, and controlled by the Indiana state museum and
741+5 historic sites corporation (IC 4-37-2-1) division of historic sites
742+6 (IC 14-20-1.5-8) and shall be known as The James F.D. Lanier Home.
743+7 SECTION 34. IC 14-20-7-3, AS AMENDED BY P.L.167-2011,
744+8 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
745+9 JULY 1, 2024]: Sec. 3. The Indiana state museum and historic sites
746+10 corporation (IC 4-37-2-1) division of historic sites (IC 14-20-1.5-8)
747+11 may receive donations for the upkeep of the monument provided for in
748+12 this chapter.
749+13 SECTION 35. IC 14-20-8-3, AS AMENDED BY P.L.167-2011,
750+14 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
751+15 JULY 1, 2024]: Sec. 3. The real property shall be administered by the
752+16 Indiana state museum and historic sites corporation (IC 4-37-2-1)
753+17 division of historic sites (IC 14-20-1.5-8) as a historic property and
754+18 shall be known as the William S. Culbertson Mansion.
755+19 SECTION 36. IC 14-20-8-4, AS AMENDED BY P.L.167-2011,
756+20 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
757+21 JULY 1, 2024]: Sec. 4. The Indiana state museum and historic sites
758+22 corporation (IC 4-37-2-1) may receive the following:
759+23 (1) Donations for the maintenance of the mansion.
760+24 (2) Other money that is necessary to carry out this chapter.
761+25 SECTION 37. IC 14-20-9-1, AS AMENDED BY P.L.167-2011,
762+26 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
763+27 JULY 1, 2024]: Sec. 1. This section and sections 2 through 5 of this
764+28 chapter do not apply if:
765+29 (1) the Wilbur Wright memorial is transferred to the Wilbur
766+30 Wright Birthplace Preservation Society after June 30, 1995; or
767+31 (2) the board of trustees of the Indiana state museum and historic
768+32 sites corporation (IC 4-37-2-1) for the division of historic sites
769+33 (IC 14-20-1.5-8) declares the memorial to be surplus to the needs
770+34 of the state museum and historic sites corporation. division of
771+35 historic sites.
772+36 SECTION 38. IC 14-20-9-4, AS AMENDED BY P.L.167-2011,
773+37 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
774+38 JULY 1, 2024]: Sec. 4. The Indiana state museum and historic sites
775+39 corporation (IC 4-37-2-1) shall administer the real property, which
776+40 shall be known as the Wilbur Wright Birthplace.
777+41 SECTION 39. IC 14-20-9-5, AS AMENDED BY P.L.167-2011,
778+42 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
779+2024 IN 209—LS 6633/DI 150 19
780+1 JULY 1, 2024]: Sec. 5. The Indiana state museum and historic sites
781+2 corporation (IC 4-37-2-1) division of historic sites (IC 14-20-1.5-8)
782+3 may do the following:
783+4 (1) Receive any appropriations made by the federal government
784+5 to assist in memorializing the achievements of Wilbur Wright.
785+6 (2) Expend the money received from the federal government in
786+7 conformity with this chapter or the federal law making the
787+8 appropriation.
788+9 SECTION 40. IC 14-20-10-2, AS AMENDED BY P.L.167-2011,
789+10 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
790+11 JULY 1, 2024]: Sec. 2. The real property shall be administered by the
791+12 Indiana state museum and historic sites corporation (IC 4-37-2-1)
792+13 division of historic sites (IC 14-20-1.5-8) as a historic property and
793+14 shall be known as the Ernie Pyle Birthplace.
794+15 SECTION 41. IC 14-20-12-3, AS AMENDED BY P.L.78-2019,
795+16 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
796+17 JULY 1, 2024]: Sec. 3. Thousands of Hoosiers all over the nation have
797+18 contributed toward the moving and restoration of this historic house
798+19 and because the house has already proven to be an outstanding tourist
799+20 attraction and in keeping with our great American heritage, it is the
800+21 intent of this chapter that the office of tourism development (before
801+22 July 1, 2020) or the Indiana destination development corporation (after
802+23 June 30, 2020), the Indiana state museum and historic sites corporation
803+24 (IC 4-37-2-1), division of historic sites (IC 14-20-1.5-8), and other
804+25 appropriate state boards and agencies give widespread publicity to this
805+26 memorial by brochure, pamphlet, or other means.
806+27 SECTION 42. IC 14-20-16-1, AS AMENDED BY P.L.167-2011,
807+28 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
808+29 JULY 1, 2024]: Sec. 1. (a) The governors' portraits collection is placed
809+30 in the custody of the Indiana state museum and historic sites
810+31 corporation (IC 4-37-2-1). The collection shall be permanently
811+32 displayed in public areas of the state house under the supervision of the
812+33 Indiana state museum and historic sites corporation, which is charged
813+34 with its care and maintenance.
814+35 (b) The chief executive officer of the Indiana state museum and
815+36 historic sites corporation shall inspect each painting in the collection
816+37 annually in the company of one (1) or more experts in the field of art
817+38 conservation selected by the chief executive officer of the Indiana state
818+39 museum and historic sites corporation.
819+40 (c) After the inauguration of each governor, the chief executive
820+41 officer of the Indiana state museum and historic sites corporation, with
821+42 the concurrence of the governor, shall select and commission an artist
822+2024 IN 209—LS 6633/DI 150 20
823+1 to paint the governor's portrait. The portrait must be hung in the
824+2 permanent collection immediately following the completion and
825+3 acceptance of the portrait by the chief executive officer of the Indiana
826+4 state museum and historic sites corporation and the governor.
827+5 (d) The Indiana state museum and historic sites corporation shall
828+6 include in its budget requests the amount the Indiana state museum and
829+7 historic sites corporation considers necessary to:
830+8 (1) provide for the proper care, maintenance, and display of the
831+9 governors' portraits collection; and
832+10 (2) commission the painting of an oil portrait of each governor for
833+11 the collection.
834+12 The Indiana state museum and historic sites corporation may use
835+13 appropriated funds or any other funds provided for these purposes.
836+14 (e) The chief executive officer of the Indiana state museum and
837+15 historic sites corporation, in discharging the duties under this section,
838+16 shall use the appropriate cultural and technical resources of the state,
839+17 including the department, Indiana historical bureau, and the Indiana
840+18 department of administration.
841+19 SECTION 43. IC 14-20-16-2, AS AMENDED BY P.L.167-2011,
842+20 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
843+21 JULY 1, 2024]: Sec. 2. (a) The governors' portraits fund is established
844+22 as a dedicated fund to be administered by the Indiana state museum
845+23 and historic sites corporation (IC 4-37-2-1). Money in the fund may be
846+24 expended by the chief executive officer of the Indiana state museum
847+25 and historic sites corporation exclusively for the preservation and
848+26 exhibition of the state owned portraits of former governors of Indiana.
849+27 (b) The proceeds from the sale of items as directed by law or by the
850+28 chief executive officer of the Indiana state museum and historic sites
851+29 corporation, from gifts of money or the proceeds from the sale of gifts
852+30 donated to the fund, and from investment earnings from any portion of
853+31 the fund, shall be deposited in the governors' portraits fund.
854+32 (c) The treasurer of state shall invest the money in the fund not
855+33 currently needed to meet the obligations of the fund in the same
856+34 manner as other public money may be invested.
857+35 (d) All money accruing to the governors' portraits fund is
858+36 continuously allotted and appropriated for the purposes specified in this
859+37 section.
860+38 (e) Money in the fund at the end of the fiscal year does not revert to
861+39 the state general fund.
862+40 SECTION 44. IC 34-30-2.1-18, AS ADDED BY P.L.105-2022,
863+41 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
864+42 JULY 1, 2024]: Sec. 18. IC 4-37-3-5 (Concerning actions of members
865+2024 IN 209—LS 6633/DI 150 21
866+1 of the board of trustees for the Indiana state museum and historic sites
867+2 corporation).
868+3 SECTION 45. IC 35-52-14-7.5 IS ADDED TO THE INDIANA
869+4 CODE AS A NEW SECTION TO READ AS FOLLOWS
870+5 [EFFECTIVE JULY 1, 2024]: Sec. 7.5. IC 14-20-1.5-17 defines a
871+6 crime concerning altering a historic property owned or leased by
872+7 the state.
873+2024 IN 209—LS 6633/DI 150