*SB0209.1*
January 23, 2024
SENATE BILL No. 209
_____
DIGEST OF SB 209 (Updated January 18, 2024 5:43 pm - DI 150)
Citations Affected: IC 4-13.6; IC 4-23; IC 4-37; IC 14-8; IC 14-9;
IC 14-10; IC 14-12; IC 14-20; IC 34-30; IC 35-52.
Synopsis: Historic sites. Establishes the division of historic sites
(division) in the department of natural resources. Transfers
management of historic sites from the Indiana state museum and
historic sites corporation to the division. Makes an appropriation.
Effective: July 1, 2024.
Leising, Byrne, Glick, Becker
January 9, 2024, read first time and referred to Committee on Natural Resources.
January 22, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
SB 209—LS 6633/DI 150 January 23, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 209
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-13.6-2-3, AS AMENDED BY P.L.166-2013,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 3. (a) This article applies to every expenditure of
4 public funds, regardless of their source, including federal assistance
5 money, by any governmental body for any public works project.
6 (b) This article does not apply to the following:
7 (1) The Indiana commission for higher education.
8 (2) State educational institutions.
9 (3) Military officers and military and armory boards of the state.
10 (4) The state fair commission.
11 (5) Any entity established by the general assembly as a body
12 corporate and politic having authority and power to issue bonds
13 to be secured and repaid solely by revenues pledged for that
14 purpose. However, such an entity shall comply with this article if
15 the law creating the entity requires it to do so.
16 (6) The Indiana department of transportation, except to the extent
17 that the Indiana department of transportation uses the services
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1 provided by the department under this article.
2 (7) The Indiana state museum and historic sites corporation.
3 SECTION 2. IC 4-23-25.1-6, AS AMENDED BY P.L.43-2021,
4 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 6. (a) The commission consists of the following
6 seventeen (17) members:
7 (1) Seven (7) members who represent an organization whose
8 mission involves education, culture, women's history, or civic
9 engagement, appointed by the governor.
10 (2) One (1) member of the house of representatives, appointed by
11 the speaker of the house of representatives.
12 (3) One (1) member of the house of representatives, appointed by
13 the minority leader of the house of representatives.
14 (4) One (1) member of the senate, appointed by the president pro
15 tempore of the senate.
16 (5) One (1) member of the senate, appointed by the minority
17 leader of the senate.
18 (6) The lieutenant governor or the lieutenant governor's designee.
19 (7) The chief justice of Indiana or the chief justice's designee.
20 (8) The chairperson of the Indiana commission for women or the
21 chairperson's designee.
22 (9) The secretary of education or the secretary's designee.
23 (10) The chief executive officer of the Indiana state museum and
24 historic sites corporation or the chief executive officer's designee.
25 (11) The director of the Indiana archives and records
26 administration or the director's designee.
27 (b) A legislative member of the commission appointed under
28 subsection (a)(2) through (a)(5) is a nonvoting advisory member.
29 SECTION 3. IC 4-37-1-3, AS ADDED BY P.L.167-2011,
30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 3. "Chief executive officer" refers to the chief
32 executive officer of the Indiana state museum and historic sites
33 corporation appointed under IC 4-37-2-5 and the director of the state
34 museum.
35 SECTION 4. IC 4-37-1-4, AS ADDED BY P.L.167-2011,
36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 4. "Corporation" refers to the Indiana state
38 museum and historic sites corporation established by IC 4-37-2-1.
39 SECTION 5. IC 4-37-1-6, AS ADDED BY P.L.167-2011,
40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 6. "Fund" refers to the state museum and historic
42 sites development fund established by IC 4-37-7-1.
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1 SECTION 6. IC 4-37-1-7 IS REPEALED [EFFECTIVE JULY 1,
2 2024]. Sec. 7. "Historic site" refers to a state historic site established
3 and maintained by the board under the criteria established by the board.
4 SECTION 7. IC 4-37-1-9, AS ADDED BY P.L.167-2011,
5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 9. "State museums" museum" refers to the
7 following:
8 (1) The state museum located in the White River State Park.
9 (2) The historic sites.
10 SECTION 8. IC 4-37-2-1, AS ADDED BY P.L.167-2011,
11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 1. The Indiana state museum and historic sites
13 corporation is established.
14 SECTION 9. IC 4-37-2-8, AS ADDED BY P.L.167-2011,
15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 8. (a) After June 30, 2011, 2024, rules that
17 concern the division of state museums and historic sites that were
18 adopted by the natural resources commission to govern the state
19 museum shall be treated as rules applying to the corporation.
20 (b) After June 30, 2024, rules that concern the division of state
21 museums and historic sites that were adopted by the natural
22 resources commission to govern historic sites shall be treated as
23 rules applying to the division of historic sites (IC 14-20-1.5).
24 (c) After June 30, 2011, 2024, a reference to the department of
25 natural resources in a statute or rule concerning the division of state
26 museums and historic sites' management of the state museum shall
27 be treated as a reference to the corporation.
28 (d) After June 30, 2024, a reference to the department of natural
29 resources in a statute or rule concerning the division of state
30 museums and historic sites' management of historic sites shall be
31 treated as a reference to the division of historic sites (IC 14-20-1.5).
32 SECTION 10. IC 4-37-4-1, AS ADDED BY P.L.167-2011,
33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2024]: Sec. 1. The title to the following shall be held in the
35 name of the state of Indiana:
36 (1) Property constituting the state museums, museum, except to
37 the extent that the property is subject to a use and occupancy
38 agreement between the Indiana finance authority and the Indiana
39 department of administration.
40 (2) Property acquired by the board.
41 SECTION 11. IC 4-37-4-2, AS ADDED BY P.L.167-2011,
42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2024]: Sec. 2. The board shall do the following:
2 (1) Operate and administer the state museums. museum.
3 (2) Maintain accreditation of the state museums. museum.
4 (3) Collect, preserve, display, and interpret artifacts and materials
5 reflecting the cultural and natural history of Indiana.
6 (4) Prepare and maintain a statewide inventory of the artifacts and
7 materials described in subdivision (3).
8 (5) Uphold the highest professional and ethical standards, as
9 adopted by the American Association of Museums.
10 SECTION 12. IC 4-37-4-3, AS AMENDED BY P.L.189-2018,
11 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 3. The board may do the following:
13 (1) Do any and all acts and things necessary, proper, or
14 convenient to carry out this article.
15 (2) Hold meetings under IC 5-14-1.5 at the times and places in
16 Indiana that are prescribed by the board's bylaws.
17 (3) Adopt an official seal.
18 (4) Adopt bylaws.
19 (5) Make and execute contracts and other instruments necessary
20 or convenient to the exercise of the board's powers.
21 (6) Acquire by grant, purchase, gift, devise, or lease or otherwise
22 and hold, use, sell, lease, manage, operate, clear, improve,
23 encumber, transfer, convey, exchange, or dispose of the
24 following:
25 (A) Real and personal property and any interest in real or
26 personal property.
27 (B) Facilities.
28 (C) Money or stocks.
29 (D) Any right or interest necessary or useful for carrying out
30 the board's powers and duties under this article.
31 (7) Procure insurance against any loss in connection with the
32 board's operations.
33 (8) Enter into contractual or other arrangements with the Indiana
34 department of administration in connection with the financing of
35 the state museums under IC 4-13.5. museum.
36 (9) Notwithstanding IC 4-13.5-4-5 (before its repeal), allocate
37 space in museums financed by the Indiana finance authority under
38 IC 4-13.5.
39 (10) Fix and collect rents, admission charges, fees, tolls, and other
40 user charges for:
41 (A) the state museums; museum;
42 (B) restaurants;
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1 (C) other facilities; and
2 (D) programs, lectures, classes, tours, and trips.
3 (11) Maintain shops and restaurants on property that the board
4 manages and at other locations and employ or contract with
5 persons to manage the shops and restaurants.
6 (12) Make or sell the following:
7 (A) Pictures, models, books, and other representations of the
8 museum and its artifacts and exhibits.
9 (B) Souvenirs, crafts, art, videotapes, digital video discs, and
10 other merchandise.
11 (13) Pay royalties, license fees, or charges for exhibits, artifacts,
12 artwork, or materials.
13 (14) Own copyrights, trademarks, and service marks and enforce
14 the board's rights with respect to ownership.
15 (15) Conduct market research concerning the state museums.
16 museum.
17 (16) Adopt rules under IC 4-22-2 to carry out the purposes of this
18 article.
19 SECTION 13. IC 4-37-4-3.5 IS ADDED TO THE INDIANA CODE
20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
21 1, 2024]: Sec. 3.5. The board shall not do the following:
22 (1) Operate and administer the historic sites (as defined in
23 IC 14-20-1.5-2).
24 (2) Maintain accreditation of the historic sites (as defined in
25 IC 14-20-1.5-2).
26 SECTION 14. IC 4-37-4-4, AS AMENDED BY P.L.166-2013,
27 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 4. (a) The board may accept or refuse to accept an
29 offered gift of historic property to be administered by the board.
30 (b) (a) Notwithstanding IC 4-20.5-7 and IC 5-22-22, the board may
31 improve, encumber, sell, lease, transfer, convey, or exchange historic
32 property administered by the board.
33 (c) (b) Notwithstanding IC 5-22-22, the board may, in accordance
34 with the board's policies, sell, donate, or exchange artifacts in the state
35 museums' museum's collections to or with other public or nonprofit
36 museums or historical societies.
37 (d) (c) Subject to subsection (d), the board may by rule establish
38 a procedure for evaluating the merits of proposals to:
39 (1) accept gifts of;
40 (2) sell;
41 (3) encumber;
42 (4) transfer;
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1 (5) convey; or
2 (6) exchange;
3 artifacts or historic property.
4 (d) The board may not by rule establish any procedures that
5 impact historic sites (as defined in IC 14-20-1.5-2).
6 (e) The board may donate or make short term loans of artifacts in
7 the museums' museum's collections to other:
8 (1) public or nonprofit museums; or
9 (2) historical societies.
10 SECTION 15. IC 4-37-5-2, AS ADDED BY P.L.167-2011,
11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 2. The board shall do the following:
13 (1) Establish policies for the governance and management of the
14 staffs staff of the state museums. museum.
15 (2) Establish the rights and duties of corporation employees,
16 including a pay scale and benefit package.
17 (3) Employ or contract with consultants, attorneys, or other
18 persons as are required in the judgment of the board and pay
19 compensation from funds available to the board.
20 SECTION 16. IC 4-37-5-5, AS ADDED BY P.L.167-2011,
21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 5. (a) The board may hire, fix the compensation
23 of, review the performance of, and dismiss, subject to the governor's
24 approval, a chief executive officer who:
25 (1) is the director of the state museums; museum;
26 (2) is the chief administrative officer of the corporation; and
27 (3) supervises and directs the work of the state museums' staffs
28 museum's staff and contractors.
29 (b) The chief executive officer may hire, fix the compensation of,
30 review the performance of, and dismiss employees of the corporation.
31 SECTION 17. IC 4-37-5-7, AS ADDED BY P.L.167-2011,
32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 7. The board may assist in the professional
34 development of the museums' staffs. museum's staff.
35 SECTION 18. IC 4-37-7-1, AS ADDED BY P.L.167-2011,
36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 1. The state museum and historic sites
38 development fund is established. The corporation or an entity
39 designated by the board shall administer the fund.
40 SECTION 19. IC 4-37-7-5, AS ADDED BY P.L.167-2011,
41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 5. Except as provided in section 8 of this chapter,
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1 the following shall be deposited in the fund:
2 (1) Proceeds from admission and user fees.
3 (2) Sales at the museum shops. shop.
4 (3) Facility rentals.
5 (4) Restaurant sales.
6 (5) Any other income generated by the state museums. museum.
7 (6) Gifts of money or the proceeds from the sale of gifts donated
8 to the state museums. museum.
9 SECTION 20. IC 4-37-7-7, AS ADDED BY P.L.167-2011,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 7. The chief executive officer shall report annually
12 to the board and the budget committee on the activities, revenues,
13 expenditures, and profits of the museums' museum's shops, facility
14 rentals, and restaurants.
15 SECTION 21. IC 14-8-2-77, AS AMENDED BY P.L.127-2022,
16 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 77. "Division" has the following meaning:
18 (1) For purposes of IC 14-9-8, the meaning set forth in
19 IC 14-9-8-2.
20 (2) For purposes of IC 14-19-11, the meaning set forth in
21 IC 14-19-11-2.
22 (3) For purposes of IC 14-20-1.5, the meaning set forth in
23 IC 14-20-1.5-1.
24 (3) (4) For purposes of IC 14-21, the division of historic
25 preservation and archeology.
26 (4) (5) For purposes of IC 14-22, the division of fish and wildlife.
27 (5) (6) For purposes of IC 14-24, the division of entomology and
28 plant pathology.
29 (6) (7) For purposes of IC 14-25.5, the division of water.
30 (7) (8) For purposes of IC 14-31-2, the meaning set forth in
31 IC 14-31-2-4.
32 (8) (9) For purposes of IC 14-32, the division of soil conservation
33 of the Indiana state department of agriculture established by
34 IC 15-11-4-1.
35 (9) (10) For purposes of IC 14-37, the division of reclamation.
36 SECTION 22. IC 14-8-2-124, AS AMENDED BY P.L.167-2011,
37 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 124. "Historic property", for purposes of
39 IC 14-20-1.5 and IC 14-21-1, means:
40 (1) a historic site;
41 (2) a historic structure; or
42 (3) other personal or real property located on or in a historic site
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1 or historic structure.
2 SECTION 23. IC 14-8-2-125, AS AMENDED BY P.L.111-2016,
3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 125. "Historic site" has the following meanings:
5 (1) For purposes of IC 14-21-1, means a site that is important to
6 the general, archeological, agricultural, economic, social,
7 political, architectural, industrial, or cultural history of Indiana.
8 The term includes adjacent property that is necessary for the
9 preservation or restoration of the site.
10 (2) For purposes of IC 14-22-6, the meaning set forth in
11 IC 4-37-1-7. IC 14-20-1.5-2.
12 SECTION 24. IC 14-8-2-126, AS AMENDED BY P.L.167-2011,
13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 126. "Historic structure", for purposes of
15 IC 14-20-1.5 and IC 14-21-1, means a structure that is important to the
16 general, archeological, agricultural, economic, social, political,
17 architectural, industrial, or cultural history of Indiana. The term
18 includes adjacent property that is necessary for the preservation or
19 restoration of the structure.
20 SECTION 25. IC 14-8-2-258, AS AMENDED BY P.L.167-2011,
21 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 258. "Site", for purposes of IC 14-20-1.5 and
23 IC 14-21, includes the following:
24 (1) An aboriginal mound, a fort, an earthwork, a village location,
25 a burial ground, a ruin, a mine, a cave, a battleground, a
26 shipwreck, or other similar location on land or under water.
27 (2) A location that contains or did contain a structure.
28 SECTION 26. IC 14-8-2-268, AS AMENDED BY P.L.167-2011,
29 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 268. "Structure" has the following meaning:
31 (1) For purposes of IC 14-20-1.5 and IC 14-21, a manmade
32 construction.
33 (2) For purposes of IC 14-27-7.5, the meaning set forth in
34 IC 14-27-7.5-5.
35 SECTION 27. IC 14-9-4-1, AS AMENDED BY P.L.127-2022,
36 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 1. The following divisions are established within
38 the department:
39 (1) Administrative support services.
40 (2) Asset management.
41 (3) Engineering.
42 (4) Entomology and plant pathology.
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1 (5) Finance.
2 (6) Fish and wildlife.
3 (7) Forestry.
4 (8) Historic preservation and archeology.
5 (9) Historic sites.
6 (9) (10) Human resources.
7 (10) (11) Land acquisition.
8 (11) (12) Law enforcement.
9 (12) (13) Management information systems.
10 (13) (14) Nature preserves.
11 (14) (15) Communications.
12 (15) (16) Reclamation.
13 (16) (17) State parks.
14 (17) (18) Water.
15 (18) (19) State land office.
16 SECTION 28. IC 14-10-3-1, AS AMENDED BY P.L.127-2022,
17 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 1. This chapter applies to the property managers
19 of each of the following divisions of the department:
20 (1) State parks.
21 (2) Forestry.
22 (3) Fish and wildlife.
23 (4) Historic sites.
24 SECTION 29. IC 14-12-2-14, AS AMENDED BY P.L.127-2022,
25 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 14. (a) The President Benjamin Harrison
27 conservation trust project committee is established.
28 (b) The project committee consists of the following twenty (20)
29 twenty-one (21) members:
30 (1) The director of the division of fish and wildlife.
31 (2) The director of the division of forestry.
32 (3) The director of the division of nature preserves.
33 (4) The director of the division of state parks.
34 (5) The chief executive officer of the Indiana state museum and
35 historic sites corporation established by IC 4-37-2-1.
36 (6) The director of the division of historic sites.
37 (6) (7) The chairperson of the board of directors of the natural
38 resources foundation.
39 (7) (8) Ten (10) individuals appointed by the governor. The
40 governor shall appoint individuals so that all the following are
41 satisfied:
42 (A) The individuals must be residents of Indiana.
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1 (B) The individuals must have a demonstrated interest or
2 experience in:
3 (i) conservation of natural resources; or
4 (ii) management of public property.
5 (C) There must be two (2) committee members from each of
6 the following regions of Indiana:
7 (i) Northwest.
8 (ii) Northeast.
9 (iii) Southwest.
10 (iv) Southeast.
11 (v) Central.
12 (8) (9) The following four (4) nonvoting members:
13 (A) One (1) member of the house of representatives appointed
14 by the speaker of the house of representatives.
15 (B) One (1) member of the house of representatives appointed
16 by the minority leader of the house of representatives.
17 (C) One (1) member of the senate appointed by the president
18 pro tempore of the senate.
19 (D) One (1) member of the senate appointed by the minority
20 leader of the senate.
21 (c) The individuals appointed by the governor under subsection
22 (b)(7) (b)(8) must represent one (1) or more of the following:
23 (1) The environmentalist community.
24 (2) The land trust community.
25 (3) Organized hunting and fishing groups.
26 (4) The forest products community.
27 (5) The parks and recreation community.
28 Each group and community listed in subdivisions (1) through (5) must
29 be represented on the project committee.
30 SECTION 30. IC 14-12-2-15, AS AMENDED BY P.L.127-2022,
31 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 15. (a) As used in this section, "appointing
33 authority" refers to:
34 (1) the governor in the case of a member appointed under section
35 14(b)(7) 14(b)(8) of this chapter; or
36 (2) the speaker of the house of representatives, the minority leader
37 of the house of representatives, the president pro tempore of the
38 senate, or the minority leader of the senate in the case of a
39 member appointed under section 14(b)(8) 14(b)(9) of this
40 chapter, whichever is applicable.
41 (b) As used in this section, "member" refers to a member of the
42 project committee appointed under section 14(b)(7) 14(b)(8) through
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1 14(b)(8) 14(b)(9) of this chapter.
2 (c) Except as provided in subsection (e), the term of a member
3 begins on the later of the following:
4 (1) The day the term of the member who the individual is
5 appointed to succeed expires.
6 (2) The day the individual is appointed by the appointing
7 authority.
8 (d) Except as provided in subsection (e), the term of a member
9 expires July 1 of the second year after the member is appointed or until
10 a successor is appointed. However, a member serves at the pleasure of
11 the appointing authority.
12 (e) This subsection applies to a member appointed under section
13 14(b)(8) 14(b)(9) of this chapter. The member's term begins on the date
14 of the appointment and ends on the last day of the member's term as a
15 member of the general assembly. However, the member serves at the
16 pleasure of the appointing authority.
17 (f) The appointing authority may reappoint a member for a new
18 term.
19 (g) The appointing authority shall appoint an individual to fill a
20 vacancy among the members.
21 SECTION 31. IC 14-12-2-18, AS AMENDED BY P.L.127-2022,
22 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 18. (a) Eight (8) Nine (9) members of the project
24 committee constitute a quorum.
25 (b) The affirmative vote of a majority of the voting members of the
26 project committee present and voting is necessary for the project
27 committee to take any action.
28 (c) A member of the project committee described in section 14(b)(1)
29 through 14(b)(5) of this chapter may designate in writing a
30 representative from the respective division to serve as a member of the
31 project committee when the member of the project committee is unable
32 to attend a meeting.
33 SECTION 32. IC 14-20-1.5 IS ADDED TO THE INDIANA CODE
34 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]:
36 Chapter 1.5. Division of Historic Sites
37 Sec. 0.5. (a) All real property, personal property, and artifacts
38 used in the:
39 (1) administration;
40 (2) operation; or
41 (3) acquisition;
42 of state historic sites by the corporation established by IC 4-37-2-1
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1 are transferred to the division of historic sites.
2 (b) All powers, duties, assets, and liabilities of the corporation
3 regarding state historic sites are transferred to the division of
4 historic sites.
5 (c) On July 1, 2024, the budget agency shall determine and
6 transfer funds:
7 (1) used to operate and maintain historic sites from the state
8 museum development fund (IC 4-37-7-1); and
9 (2) from any other account intended for the use of state
10 historic sites, including programs, education, and collections
11 funds;
12 to the state historic sites development fund established by section
13 19 of this chapter.
14 (d) The budget agency shall transfer to the department
15 appropriations for the corporation for the period beginning July
16 1, 2023, and ending June 30, 2025, that were intended for the
17 operation and improvement of the historic sites according to an
18 allotment schedule under IC 4-13-2-18.
19 Sec. 1. As used in this chapter, "division" refers to the division
20 of historic sites.
21 Sec. 1.5. As used in this chapter, "foundation" refers to the
22 Indiana historic sites foundation, established by section 20 of this
23 chapter.
24 Sec. 2. As used in this chapter, "historic site" refers to a state
25 historic site established and maintained by the trustees under the
26 criteria established by the trustees.
27 Sec. 3. As used in this chapter, "state agency" has the meaning
28 set forth in IC 4-1-13-1.
29 Sec. 4. As used in this chapter, "trustees" refers to the board of
30 trustees for the division of historic sites established by IC 14-9-4-1.
31 Sec. 5. The division of historic sites shall administer and develop
32 the programs and policies established by this chapter.
33 Sec. 6. The division may do the following:
34 (1) Undertake the action necessary to qualify the state for
35 participation in sources of federal aid to preserve historic
36 property, materials, items, sites, and memorials.
37 (2) Provide information on historic property, materials, items,
38 sites, and memorials within Indiana to federal, state, and local
39 governmental agencies, private individuals, and
40 organizations.
41 (3) Advise and coordinate the activities of local historical
42 associations, historic district commissions, historic
SB 209—LS 6633/DI 150 13
1 commissions, and other interested groups or persons.
2 (4) Provide technical and financial assistance to local
3 historical associations, historic district commissions, historic
4 commissions, and other interested groups or persons.
5 (5) Develop a program of interpretation and publication of the
6 state's historical, architectural, and archeological resources.
7 (6) Collect and preserve objects of scientific and cultural
8 value representing past and present flora and fauna, the life
9 and work of mankind, geological history, natural resources,
10 the manufacturing arts, and fine arts.
11 Sec. 7. The division shall do the following:
12 (1) Establish standards and criteria for the acquisition of
13 historic properties and for the preservation, restoration,
14 administration, and operation of the sites and structures
15 acquired.
16 (2) Acquire by purchase, lease, or gift appropriate historic
17 sites and historic structures.
18 (3) Operate and administer the historic sites and historic
19 structures owned or acquired by the state in accordance with
20 this chapter.
21 Sec. 8. (a) The board of trustees for the division of historic sites
22 is established.
23 (b) The trustees consist of thirteen (13) members as follows:
24 (1) The director of the department, who serves as chairperson.
25 (2) Twelve (12) members appointed by the governor as
26 follows:
27 (A) One (1) member of the Indiana historic sites
28 foundation, nominated by the foundation.
29 (B) Two (2) members who are recognized supporters of
30 historic sites.
31 (C) One (1) member who is a resident of Indiana's First
32 Congressional District.
33 (D) One (1) member who is a resident of Indiana's Second
34 Congressional District.
35 (E) One (1) member who is a resident of Indiana's Third
36 Congressional District.
37 (F) One (1) member who is a resident of Indiana's Fourth
38 Congressional District.
39 (G) One (1) member who is a resident of Indiana's Fifth
40 Congressional District.
41 (H) One (1) member who is a resident of Indiana's Sixth
42 Congressional District.
SB 209—LS 6633/DI 150 14
1 (I) One (1) member who is a resident of Indiana's Seventh
2 Congressional District.
3 (J) One (1) member who is a resident of Indiana's Eighth
4 Congressional District.
5 (K) One (1) member who is a resident of Indiana's Ninth
6 Congressional District.
7 (c) A member appointed under subsection (b)(2)(A) through
8 (b)(2)(E) serves an initial term that expires December 31, 2025, and
9 then is appointed every fourth year thereafter. A member
10 appointed under subsection (b)(2)(F) through (b)(2)(K) serves an
11 initial term that expires December 31, 2027, and then is appointed
12 every fourth year thereafter.
13 Sec. 9. Each appointed member of the trustees serves at the
14 pleasure of the governor for a term of four (4) years.
15 Sec. 10. A vacancy on the board of trustees shall be filled for the
16 unexpired term in the same manner as for a full term.
17 Sec. 11. (a) Each member of the trustees who is not a state
18 employee is entitled to the minimum salary per diem provided by
19 IC 4-10-11-2.1(b). The member is also entitled to reimbursement
20 for traveling expenses as provided under IC 4-13-1-4 and other
21 expenses actually incurred in connection with the member's duties
22 as provided in the state policies and procedures established by the
23 Indiana department of administration and approved by the budget
24 agency.
25 (b) Each member of the trustees who is a state employee is
26 entitled to reimbursement for traveling expenses as provided under
27 IC 4-13-1-4 and other expenses actually incurred in connection
28 with the member's duties as provided in the state policies and
29 procedures established by the Indiana department of
30 administration and approved by the budget agency.
31 Sec. 12. The trustees shall select a vice chairperson from the
32 trustees' membership for a term of one (1) year expiring
33 September 1 following the selection. The division director is the
34 secretary of the trustees.
35 Sec. 13. Seven (7) members of the trustees constitute a quorum.
36 Sec. 14. The trustees shall do the following:
37 (1) Nominate, when the position of division director is vacant,
38 a person to be appointed by the director to the position. If the
39 director rejects a nominee's appointment, the trustees shall
40 nominate another person.
41 (2) Recommend, when appropriate, the dismissal of a division
42 director.
SB 209—LS 6633/DI 150 15
1 (3) Make recommendations concerning the salary ranges of
2 the administrative, professional, and technical staff of the
3 division.
4 (4) Review the budget needs and requests of the division and
5 make recommendations concerning the needs and requests to
6 the governor through the director.
7 (5) Recommend that the department accept or reject, hold, or
8 dispose of grants of property to be administered by the
9 division for the purpose of preservation, research, or
10 interpretation of significant areas, events, or grants to Indiana
11 citizens for the purpose of preserving, studying, and
12 interpreting archeological and natural phenomena, cultural
13 trends, and accomplishments.
14 (6) Review, guide, and assist in the development of statewide
15 outreach programs.
16 (7) Review, guide, and assist in the development of
17 professionalism of the staff and operations.
18 (8) Review, recommend, and devise methods to enable the
19 division to do the following:
20 (A) Increase the division's physical plant.
21 (B) Expand educational areas.
22 (C) Meet storage needs.
23 (9) Develop a plan of growth to meet physical, program, and
24 financial needs for both the immediate and long range future,
25 monitor the plan at regular intervals, and ensure that the
26 division stays within the developed plan.
27 (10) Recommend policies, procedures, and practices that the
28 commission, the director, and the secretary shall consider.
29 (11) Give advice or make recommendations to the governor
30 and the general assembly when requested or on the initiative
31 of the trustees.
32 (12) Review the conduct of the work of the division. To
33 implement this duty, the trustees have access at any
34 reasonable time to copies of all records pertaining to the work
35 of the division.
36 (13) Adopt bylaws consistent with this chapter for the
37 division's internal control and management and file a copy of
38 the bylaws with the director.
39 (14) Hold meetings at the times and places in Indiana that are
40 prescribed by the bylaws, but at least quarterly.
41 (15) Keep minutes of the transactions of each regular and
42 special meeting and file the minutes with the director. The
SB 209—LS 6633/DI 150 16
1 minutes are public records.
2 (16) Promote the welfare of the division.
3 (17) Make recommendations concerning the administration of
4 the historic site acquisition fund established by section 16 of
5 this chapter.
6 Sec. 15. (a) The commission may, on recommendation of the
7 trustees, accept or refuse to accept an offered gift of historic
8 property that would be administered by the department.
9 (b) The commission may, on recommendation of the trustees,
10 sell or exchange historic property administered by the department
11 under IC 4-20.5-7 or IC 5-22-22.
12 (c) The commission may, on recommendation of the trustees and
13 in accordance with rules adopted by the commission under
14 IC 4-22-2, sell, donate, or exchange artifacts in the museum's
15 collection to or with other public or nonprofit museums or
16 historical societies. However, the commission may donate an
17 artifact in the museum's collection to a public or nonprofit museum
18 or historical society under this subsection only if the museum or
19 historical society is located in Indiana.
20 (d) The commission may, on recommendation of the trustees,
21 adopt rules under IC 4-22-2 to establish a procedure for evaluating
22 the merits of proposals to:
23 (1) accept gifts of;
24 (2) sell; or
25 (3) exchange;
26 artifacts or historic property.
27 Sec. 16. (a) The historic site acquisition fund is established. The
28 division shall administer the fund.
29 (b) The following shall be deposited in the fund:
30 (1) Gifts of money to the fund or the proceeds from the sale of
31 gifts donated to the fund.
32 (2) The proceeds from sales under this chapter.
33 (c) The treasurer of state shall invest the money in the fund not
34 currently needed to meet the obligations of the fund in the same
35 manner as other public money may be invested.
36 (d) The expenses of administering the fund shall be paid from
37 money in the fund.
38 (e) The division may, on recommendation of the trustees,
39 purchase with money in the fund objects for the state museum
40 collection. All money accruing to the fund is continuously
41 appropriated for this purpose.
42 (f) Money in the fund at the end of a state fiscal year does not
SB 209—LS 6633/DI 150 17
1 revert to the state general fund.
2 Sec. 17. A person who:
3 (1) knowingly; and
4 (2) without a permit;
5 alters historic property within the boundaries of property owned
6 or leased by the state commits a Class B misdemeanor.
7 Sec. 18. (a) The department may, by contract, delegate the
8 management of historic sites property held and managed by the
9 department to the foundation under terms the department
10 considers advisable.
11 (b) Under a contract entered into under subsection (a), the
12 department may:
13 (1) provide office facilities and administrative support to the
14 foundation;
15 (2) assign department employees to administrative and
16 program duties at the state museum;
17 (3) act in an advisory capacity for the foundation; and
18 (4) accept donations on behalf of the foundation.
19 Sec. 19. (a) The state historic sites development fund is
20 established for the purpose of promoting interest in and use of
21 Indiana historic sites.
22 (b) The fund shall be administered by the department or an
23 entity designated by the department. The fund consists of the
24 following:
25 (1) Money appropriated to the fund by the general assembly.
26 (2) Revenue generated by exhibit fees.
27 (3) Concessions.
28 (4) Donations.
29 (5) Grants.
30 (6) Other miscellaneous revenue.
31 (c) Money in the fund at the end of a state fiscal year does not
32 revert to the state general fund.
33 (d) The balance of the fund is continuously appropriated and
34 may be used at the request of the department with the approval of
35 the budget agency after review by the budget committee.
36 Sec. 20. The board may designate, by adopting a resolution, an
37 existing nonprofit corporation or establish a nonprofit subsidiary
38 corporation, known as or to be known as the Indiana historic sites
39 foundation, that is exempt from federal income taxation under
40 Section 501(c)(3) of the Internal Revenue Code to solicit and accept
41 private funding, gifts, donations, bequests, devises, and
42 contributions.
SB 209—LS 6633/DI 150 18
1 Sec. 21. The foundation:
2 (1) shall use money received under section 20 of this chapter
3 to carry out in any manner the purposes and programs under
4 this chapter; and
5 (2) may deposit money received under section 20 of this
6 chapter in an account or fund that is:
7 (A) administered by the foundation; and
8 (B) not part of the state treasury.
9 Sec. 22. The foundation is governed by a board of trustees who
10 may appoint a director.
11 Sec. 23. Employees of the division shall provide administrative
12 support for the foundation.
13 Sec. 24. The foundation is subject to compliance audits by the
14 state board of accounts.
15 SECTION 33. IC 14-20-6-3, AS AMENDED BY P.L.167-2011,
16 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 3. The real property shall be administered,
18 maintained, managed, and controlled by the Indiana state museum and
19 historic sites corporation (IC 4-37-2-1) division of historic sites
20 (IC 14-20-1.5-8) and shall be known as The James F.D. Lanier Home.
21 SECTION 34. IC 14-20-7-3, AS AMENDED BY P.L.167-2011,
22 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 3. The Indiana state museum and historic sites
24 corporation (IC 4-37-2-1) division of historic sites (IC 14-20-1.5-8)
25 may receive donations for the upkeep of the monument provided for in
26 this chapter.
27 SECTION 35. IC 14-20-8-3, AS AMENDED BY P.L.167-2011,
28 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 3. The real property shall be administered by the
30 Indiana state museum and historic sites corporation (IC 4-37-2-1)
31 division of historic sites (IC 14-20-1.5-8) as a historic property and
32 shall be known as the William S. Culbertson Mansion.
33 SECTION 36. IC 14-20-8-4, AS AMENDED BY P.L.167-2011,
34 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 4. The Indiana state museum and historic sites
36 corporation (IC 4-37-2-1) may receive the following:
37 (1) Donations for the maintenance of the mansion.
38 (2) Other money that is necessary to carry out this chapter.
39 SECTION 37. IC 14-20-9-1, AS AMENDED BY P.L.167-2011,
40 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 1. This section and sections 2 through 5 of this
42 chapter do not apply if:
SB 209—LS 6633/DI 150 19
1 (1) the Wilbur Wright memorial is transferred to the Wilbur
2 Wright Birthplace Preservation Society after June 30, 1995; or
3 (2) the board of trustees of the Indiana state museum and historic
4 sites corporation (IC 4-37-2-1) for the division of historic sites
5 (IC 14-20-1.5-8) declares the memorial to be surplus to the needs
6 of the state museum and historic sites corporation. division of
7 historic sites.
8 SECTION 38. IC 14-20-9-4, AS AMENDED BY P.L.167-2011,
9 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 4. The Indiana state museum and historic sites
11 corporation (IC 4-37-2-1) shall administer the real property, which
12 shall be known as the Wilbur Wright Birthplace.
13 SECTION 39. IC 14-20-9-5, AS AMENDED BY P.L.167-2011,
14 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 5. The Indiana state museum and historic sites
16 corporation (IC 4-37-2-1) division of historic sites (IC 14-20-1.5-8)
17 may do the following:
18 (1) Receive any appropriations made by the federal government
19 to assist in memorializing the achievements of Wilbur Wright.
20 (2) Expend the money received from the federal government in
21 conformity with this chapter or the federal law making the
22 appropriation.
23 SECTION 40. IC 14-20-10-2, AS AMENDED BY P.L.167-2011,
24 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 2. The real property shall be administered by the
26 Indiana state museum and historic sites corporation (IC 4-37-2-1)
27 division of historic sites (IC 14-20-1.5-8) as a historic property and
28 shall be known as the Ernie Pyle Birthplace.
29 SECTION 41. IC 14-20-12-3, AS AMENDED BY P.L.78-2019,
30 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 3. Thousands of Hoosiers all over the nation have
32 contributed toward the moving and restoration of this historic house
33 and because the house has already proven to be an outstanding tourist
34 attraction and in keeping with our great American heritage, it is the
35 intent of this chapter that the office of tourism development (before
36 July 1, 2020) or the Indiana destination development corporation (after
37 June 30, 2020), the Indiana state museum and historic sites corporation
38 (IC 4-37-2-1), division of historic sites (IC 14-20-1.5-8), and other
39 appropriate state boards and agencies give widespread publicity to this
40 memorial by brochure, pamphlet, or other means.
41 SECTION 42. IC 14-20-16-1, AS AMENDED BY P.L.167-2011,
42 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SB 209—LS 6633/DI 150 20
1 JULY 1, 2024]: Sec. 1. (a) The governors' portraits collection is placed
2 in the custody of the Indiana state museum and historic sites
3 corporation (IC 4-37-2-1). The collection shall be permanently
4 displayed in public areas of the state house under the supervision of the
5 Indiana state museum and historic sites corporation, which is charged
6 with its care and maintenance.
7 (b) The chief executive officer of the Indiana state museum and
8 historic sites corporation shall inspect each painting in the collection
9 annually in the company of one (1) or more experts in the field of art
10 conservation selected by the chief executive officer of the Indiana state
11 museum and historic sites corporation.
12 (c) After the inauguration of each governor, the chief executive
13 officer of the Indiana state museum and historic sites corporation, with
14 the concurrence of the governor, shall select and commission an artist
15 to paint the governor's portrait. The portrait must be hung in the
16 permanent collection immediately following the completion and
17 acceptance of the portrait by the chief executive officer of the Indiana
18 state museum and historic sites corporation and the governor.
19 (d) The Indiana state museum and historic sites corporation shall
20 include in its budget requests the amount the Indiana state museum and
21 historic sites corporation considers necessary to:
22 (1) provide for the proper care, maintenance, and display of the
23 governors' portraits collection; and
24 (2) commission the painting of an oil portrait of each governor for
25 the collection.
26 The Indiana state museum and historic sites corporation may use
27 appropriated funds or any other funds provided for these purposes.
28 (e) The chief executive officer of the Indiana state museum and
29 historic sites corporation, in discharging the duties under this section,
30 shall use the appropriate cultural and technical resources of the state,
31 including the department, Indiana historical bureau, and the Indiana
32 department of administration.
33 SECTION 43. IC 14-20-16-2, AS AMENDED BY P.L.167-2011,
34 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 2. (a) The governors' portraits fund is established
36 as a dedicated fund to be administered by the Indiana state museum
37 and historic sites corporation (IC 4-37-2-1). Money in the fund may be
38 expended by the chief executive officer of the Indiana state museum
39 and historic sites corporation exclusively for the preservation and
40 exhibition of the state owned portraits of former governors of Indiana.
41 (b) The proceeds from the sale of items as directed by law or by the
42 chief executive officer of the Indiana state museum and historic sites
SB 209—LS 6633/DI 150 21
1 corporation, from gifts of money or the proceeds from the sale of gifts
2 donated to the fund, and from investment earnings from any portion of
3 the fund, shall be deposited in the governors' portraits fund.
4 (c) The treasurer of state shall invest the money in the fund not
5 currently needed to meet the obligations of the fund in the same
6 manner as other public money may be invested.
7 (d) All money accruing to the governors' portraits fund is
8 continuously allotted and appropriated for the purposes specified in this
9 section.
10 (e) Money in the fund at the end of the fiscal year does not revert to
11 the state general fund.
12 SECTION 44. IC 34-30-2.1-18, AS ADDED BY P.L.105-2022,
13 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 18. IC 4-37-3-5 (Concerning actions of members
15 of the board of trustees for the Indiana state museum and historic sites
16 corporation).
17 SECTION 45. IC 35-52-14-7.5 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2024]: Sec. 7.5. IC 14-20-1.5-17 defines a
20 crime concerning altering a historic property owned or leased by
21 the state.
SB 209—LS 6633/DI 150 22
COMMITTEE REPORT
Madam President: The Senate Committee on Natural Resources, to
which was referred Senate Bill No. 209, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 13, delete lines 31 through 42, begin a new line double
blocked indented and insert:
"(C) One (1) member who is a resident of Indiana's First
Congressional District.
(D) One (1) member who is a resident of Indiana's Second
Congressional District.
(E) One (1) member who is a resident of Indiana's Third
Congressional District.
(F) One (1) member who is a resident of Indiana's Fourth
Congressional District.
(G) One (1) member who is a resident of Indiana's Fifth
Congressional District.
(H) One (1) member who is a resident of Indiana's Sixth
Congressional District.
(I) One (1) member who is a resident of Indiana's Seventh
Congressional District.
(J) One (1) member who is a resident of Indiana's Eighth
Congressional District.
(K) One (1) member who is a resident of Indiana's Ninth
Congressional District.
(c) A member appointed under subsection (b)(2)(A) through
(b)(2)(E) serves an initial term that expires December 31, 2025, and
then is appointed every fourth year thereafter. A member
appointed under subsection (b)(2)(F) through (b)(2)(K) serves an
initial term that expires December 31, 2027, and then is appointed
every fourth year thereafter.
Sec. 9. Each appointed member of the trustees serves at the
pleasure of the governor for a term of four (4) years.".
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 209 as introduced.)
GLICK, Chairperson
Committee Vote: Yeas 8, Nays 0.
SB 209—LS 6633/DI 150