19 | 18 | | First Regular Session of the 124th General Assembly (2025) |
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20 | 19 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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21 | 20 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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22 | 21 | | additions will appear in this style type, and deletions will appear in this style type. |
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23 | 22 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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24 | 23 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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25 | 24 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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26 | 25 | | a new provision to the Indiana Code or the Indiana Constitution. |
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27 | 26 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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28 | 27 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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29 | 28 | | SENATE BILL No. 515 |
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30 | 29 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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31 | 30 | | natural and cultural resources and to make an appropriation. |
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32 | 31 | | Be it enacted by the General Assembly of the State of Indiana: |
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33 | 32 | | 1 SECTION 1. IC 4-13-2-20, AS AMENDED BY P.L.9-2024, |
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34 | 33 | | 2 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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35 | 34 | | 3 JULY 1, 2025]: Sec. 20. (a) Except as otherwise provided in this |
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36 | 35 | | 4 section or IC 12-8-10-7, payment for any services, supplies, materials, |
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37 | 36 | | 5 or equipment shall not be paid from any fund or state money in |
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38 | 37 | | 6 advance of receipt of such services, supplies, materials, or equipment |
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39 | 38 | | 7 by the state. |
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40 | 39 | | 8 (b) With the prior approval of the budget agency, payment may be |
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41 | 40 | | 9 made in advance for any of the following: |
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42 | 41 | | 10 (1) War surplus property. |
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43 | 42 | | 11 (2) Property purchased or leased from the United States |
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44 | 43 | | 12 government or its agencies. |
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45 | 44 | | 13 (3) Dues and subscriptions. |
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46 | 45 | | 14 (4) License fees. |
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47 | 46 | | 15 (5) Insurance premiums. |
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48 | 47 | | 16 (6) Utility connection charges. |
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49 | 48 | | 17 (7) Federal grant programs where advance funding is not |
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51 | 50 | | 1 prohibited and, except as provided in subsection (i), the |
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52 | 51 | | 2 contracting party posts sufficient security to cover the amount |
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53 | 52 | | 3 advanced. |
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54 | 53 | | 4 (8) Grants of state funds authorized by statute. |
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55 | 54 | | 5 (9) Employee expense vouchers. |
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56 | 55 | | 6 (10) Beneficiary payments to the administrator of a program of |
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57 | 56 | | 7 self-insurance. |
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58 | 57 | | 8 (11) Services, supplies, materials, or equipment to be received |
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59 | 58 | | 9 from an agency or from a body corporate and politic. |
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60 | 59 | | 10 (12) Expenses for the operation of offices that represent the state |
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61 | 60 | | 11 under contracts with the Indiana economic development |
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62 | 61 | | 12 corporation and that are located outside Indiana. |
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63 | 62 | | 13 (13) Services, supplies, materials, or equipment to be used for |
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64 | 63 | | 14 more than one (1) year under a discounted contractual |
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65 | 64 | | 15 arrangement funded through a designated leasing entity. |
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66 | 65 | | 16 (14) Maintenance of equipment and maintenance of software if |
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67 | 66 | | 17 there are appropriate contractual safeguards for refunds as |
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68 | 67 | | 18 determined by the budget agency. |
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69 | 68 | | 19 (15) Exhibits, artifacts, specimens, or other unique items of |
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70 | 69 | | 20 cultural or historical value or interest purchased by the state |
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71 | 70 | | 21 museum. |
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72 | 71 | | 22 (16) Exhibits, artifacts, specimens, or other unique items of |
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73 | 72 | | 23 cultural or historical value or interest purchased by the |
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74 | 73 | | 24 division of historic sites. |
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75 | 74 | | 25 (c) Any agency and any state educational institution may make |
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76 | 75 | | 26 advance payments to its employees for duly accountable expenses |
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77 | 76 | | 27 exceeding ten dollars ($10) incurred through travel approved by: |
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78 | 77 | | 28 (1) the employee's respective agency director, in the case of an |
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79 | 78 | | 29 agency; and |
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80 | 79 | | 30 (2) a duly authorized person, in the case of any state educational |
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81 | 80 | | 31 institution. |
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82 | 81 | | 32 (d) The state comptroller may, with the approval of the budget |
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83 | 82 | | 33 agency and of the commissioner of the Indiana department of |
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84 | 83 | | 34 administration: |
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85 | 84 | | 35 (1) appoint a special disbursing officer for any agency or group of |
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86 | 85 | | 36 agencies whenever it is necessary or expedient that a special |
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87 | 86 | | 37 record be kept of a particular class of disbursements or when |
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88 | 87 | | 38 disbursements are made from a special fund; and |
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89 | 88 | | 39 (2) approve advances to the special disbursing officer or officers |
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90 | 89 | | 40 from any available appropriation for the purpose. |
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91 | 90 | | 41 (e) The state comptroller shall issue the state comptroller's warrant |
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92 | 91 | | 42 to the special disbursing officer to be disbursed by the disbursing |
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94 | 93 | | 1 officer as provided in this section. Special disbursing officers shall in |
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95 | 94 | | 2 no event make disbursements or payments for supplies or current |
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96 | 95 | | 3 operating expenses of any agency or for contractual services or |
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97 | 96 | | 4 equipment not purchased or contracted for in accordance with this |
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98 | 97 | | 5 chapter and IC 5-22. No special disbursing officer shall be appointed |
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99 | 98 | | 6 and no money shall be advanced until procedures covering the |
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100 | 99 | | 7 operations of special disbursing officers have been adopted by the |
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101 | 100 | | 8 Indiana department of administration and approved by the budget |
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102 | 101 | | 9 agency. These procedures must include the following provisions: |
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103 | 102 | | 10 (1) Provisions establishing the authorized levels of special |
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104 | 103 | | 11 disbursing officer accounts and establishing the maximum |
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105 | 104 | | 12 amount which may be expended on a single purchase from special |
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106 | 105 | | 13 disbursing officer funds without prior approval. |
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107 | 106 | | 14 (2) Provisions requiring that each time a special disbursing officer |
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108 | 107 | | 15 makes an accounting to the state comptroller of the expenditure |
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109 | 108 | | 16 of the advanced funds, the state comptroller shall request that the |
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110 | 109 | | 17 Indiana department of administration review the accounting for |
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111 | 110 | | 18 compliance with IC 5-22. |
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112 | 111 | | 19 (3) A provision that, unless otherwise approved by the |
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113 | 112 | | 20 commissioner of the Indiana department of administration, the |
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114 | 113 | | 21 special disbursing officer must be the same individual as the |
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115 | 114 | | 22 procurements agent under IC 4-13-1.3-5. |
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116 | 115 | | 23 (4) A provision that each disbursing officer be trained by the |
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117 | 116 | | 24 Indiana department of administration in the proper handling of |
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118 | 117 | | 25 money advanced to the officer under this section. |
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119 | 118 | | 26 (f) The commissioner of the Indiana department of administration |
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120 | 119 | | 27 shall cite in a letter to the special disbursing officer the exact purpose |
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121 | 120 | | 28 or purposes for which the money advanced may be expended. |
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122 | 121 | | 29 (g) A special disbursing officer may issue a check to a person |
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123 | 122 | | 30 without requiring a certification under IC 5-11-10-1 if the officer: |
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124 | 123 | | 31 (1) is authorized to make the disbursement; and |
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125 | 124 | | 32 (2) complies with procedures adopted by the state board of |
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126 | 125 | | 33 accounts to govern the issuance of checks under this subsection. |
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127 | 126 | | 34 (h) A special disbursing officer is not personally liable for a check |
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128 | 127 | | 35 issued under subsection (g) if: |
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129 | 128 | | 36 (1) the officer complies with the procedures described in |
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130 | 129 | | 37 subsection (g); and |
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131 | 130 | | 38 (2) funds are appropriated and available to pay the warrant. |
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132 | 131 | | 39 (i) For contracts entered into between the department of workforce |
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133 | 132 | | 40 development or the Indiana commission for career and technical |
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134 | 133 | | 41 education and: |
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135 | 134 | | 42 (1) a school corporation (as defined in IC 20-18-2-16); or |
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137 | 136 | | 1 (2) a state educational institution; |
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138 | 137 | | 2 the contracting parties are not required to post security to cover the |
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139 | 138 | | 3 amount advanced. |
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140 | 139 | | 4 SECTION 2. IC 4-13.6-2-3, AS AMENDED BY P.L.166-2013, |
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141 | 140 | | 5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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142 | 141 | | 6 JULY 1, 2025]: Sec. 3. (a) This article applies to every expenditure of |
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143 | 142 | | 7 public funds, regardless of their source, including federal assistance |
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144 | 143 | | 8 money, by any governmental body for any public works project. |
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145 | 144 | | 9 (b) This article does not apply to the following: |
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146 | 145 | | 10 (1) The Indiana commission for higher education. |
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147 | 146 | | 11 (2) State educational institutions. |
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148 | 147 | | 12 (3) Military officers and military and armory boards of the state. |
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149 | 148 | | 13 (4) The state fair commission. |
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150 | 149 | | 14 (5) Any entity established by the general assembly as a body |
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151 | 150 | | 15 corporate and politic having authority and power to issue bonds |
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152 | 151 | | 16 to be secured and repaid solely by revenues pledged for that |
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153 | 152 | | 17 purpose. However, such an entity shall comply with this article if |
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154 | 153 | | 18 the law creating the entity requires it to do so. |
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155 | 154 | | 19 (6) The Indiana department of transportation, except to the extent |
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156 | 155 | | 20 that the Indiana department of transportation uses the services |
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157 | 156 | | 21 provided by the department under this article. |
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158 | 157 | | 22 (7) The Indiana state museum and historic sites corporation. |
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159 | 158 | | 23 SECTION 3. IC 4-37-1-3, AS ADDED BY P.L.167-2011, |
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160 | 159 | | 24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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161 | 160 | | 25 JULY 1, 2025]: Sec. 3. "Chief executive officer" refers to the chief |
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162 | 161 | | 26 executive officer of the Indiana state museum and historic sites |
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163 | 162 | | 27 corporation appointed under IC 4-37-2-5 and the director of the state |
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164 | 163 | | 28 museum. |
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165 | 164 | | 29 SECTION 4. IC 4-37-1-4, AS ADDED BY P.L.167-2011, |
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166 | 165 | | 30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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167 | 166 | | 31 JULY 1, 2025]: Sec. 4. "Corporation" refers to the Indiana state |
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168 | 167 | | 32 museum and historic sites corporation established by IC 4-37-2-1. |
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169 | 168 | | 33 SECTION 5. IC 4-37-1-6, AS ADDED BY P.L.167-2011, |
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170 | 169 | | 34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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171 | 170 | | 35 JULY 1, 2025]: Sec. 6. "Fund" refers to the state museum and historic |
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172 | 171 | | 36 sites development fund established by IC 4-37-7-1. |
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173 | 172 | | 37 SECTION 6. IC 4-37-1-7, AS ADDED BY P.L.167-2011, |
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174 | 173 | | 38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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175 | 174 | | 39 JULY 1, 2025]: Sec. 7. "Historic site" refers to a state historic site |
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176 | 175 | | 40 established and maintained by the board under the criteria established |
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177 | 176 | | 41 by the board. has the meaning set forth in IC 14-20-1.5-4. |
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178 | 177 | | 42 SECTION 7. IC 4-37-1-8 IS REPEALED [EFFECTIVE JULY 1, |
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180 | 179 | | 1 2025]. Sec. 8. "Museum" refers to the state museum. |
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181 | 180 | | 2 SECTION 8. IC 4-37-1-9, AS ADDED BY P.L.167-2011, |
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182 | 181 | | 3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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183 | 182 | | 4 JULY 1, 2025]: Sec. 9. "State museums" museum" refers to the |
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184 | 183 | | 5 following: |
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185 | 184 | | 6 (1) The state museum located in the White River State Park. |
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186 | 185 | | 7 (2) The historic sites. |
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187 | 186 | | 8 SECTION 9. IC 4-37-2-1, AS ADDED BY P.L.167-2011, |
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188 | 187 | | 9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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189 | 188 | | 10 JULY 1, 2025]: Sec. 1. The Indiana state museum and historic sites |
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190 | 189 | | 11 corporation is established. |
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191 | 190 | | 12 SECTION 10. IC 4-37-2-8, AS ADDED BY P.L.167-2011, |
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192 | 191 | | 13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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193 | 192 | | 14 JULY 1, 2025]: Sec. 8. (a) After June 30, 2011, 2025, rules that |
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194 | 193 | | 15 concern the division of state museums and historic sites that were |
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195 | 194 | | 16 adopted by the natural resources commission to govern the state |
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196 | 195 | | 17 museum shall be treated as rules applying to the corporation. |
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197 | 196 | | 18 (b) After June 30, 2025, rules that concern the division of state |
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198 | 197 | | 19 museums and historic sites that were adopted by the natural |
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199 | 198 | | 20 resources commission to govern historic sites shall be treated as |
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200 | 199 | | 21 rules applying to the division of historic sites (IC 14-20-1.5). |
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201 | 200 | | 22 (b) (c) After June 30, 2011, 2025, a reference to the department of |
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202 | 201 | | 23 natural resources in a statute or rule concerning the division of state |
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203 | 202 | | 24 museums and historic sites' management of the state museum shall |
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204 | 203 | | 25 be treated as a reference to the corporation. |
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205 | 204 | | 26 (d) After June 30, 2025, a reference to the department of natural |
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206 | 205 | | 27 resources in a statute or rule concerning the division of state |
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207 | 206 | | 28 museums and historic sites' management of historic sites shall be |
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208 | 207 | | 29 treated as a reference to the division of historic sites (IC 14-20-1.5). |
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209 | 208 | | 30 SECTION 11. IC 4-37-4-1, AS ADDED BY P.L.167-2011, |
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210 | 209 | | 31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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211 | 210 | | 32 JULY 1, 2025]: Sec. 1. The title to the following shall be held in the |
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212 | 211 | | 33 name of the State of Indiana: |
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213 | 212 | | 34 (1) Property constituting the state museums, museum, except to |
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214 | 213 | | 35 the extent that the property is subject to a use and occupancy |
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215 | 214 | | 36 agreement between the Indiana finance authority and the Indiana |
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216 | 215 | | 37 department of administration. |
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217 | 216 | | 38 (2) Property acquired by the board. |
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218 | 217 | | 39 SECTION 12. IC 4-37-4-2, AS ADDED BY P.L.167-2011, |
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219 | 218 | | 40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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220 | 219 | | 41 JULY 1, 2025]: Sec. 2. The board shall do the following: |
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221 | 220 | | 42 (1) Operate and administer the state museums. museum. |
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223 | 222 | | 1 (2) Maintain accreditation of the state museums. museum. |
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224 | 223 | | 2 (3) Collect, preserve, display, and interpret artifacts and materials |
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225 | 224 | | 3 reflecting the cultural and natural history of Indiana. |
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226 | 225 | | 4 (4) Prepare and maintain a statewide inventory of the artifacts and |
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227 | 226 | | 5 materials described in subdivision (3). |
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228 | 227 | | 6 (5) Uphold the highest professional and ethical standards, as |
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229 | 228 | | 7 adopted by the American Association of Museums. |
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230 | 229 | | 8 SECTION 13. IC 4-37-4-3, AS AMENDED BY P.L.189-2018, |
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231 | 230 | | 9 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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232 | 231 | | 10 JULY 1, 2025]: Sec. 3. The board may do the following: |
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233 | 232 | | 11 (1) Do any and all acts and things necessary, proper, or |
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234 | 233 | | 12 convenient to carry out this article. |
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235 | 234 | | 13 (2) Hold meetings under IC 5-14-1.5 at the times and places in |
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236 | 235 | | 14 Indiana that are prescribed by the board's bylaws. |
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237 | 236 | | 15 (3) Adopt an official seal. |
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238 | 237 | | 16 (4) Adopt bylaws. |
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239 | 238 | | 17 (5) Make and execute contracts and other instruments necessary |
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240 | 239 | | 18 or convenient to the exercise of the board's powers. |
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241 | 240 | | 19 (6) Acquire by grant, purchase, gift, devise, or lease or otherwise |
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242 | 241 | | 20 and hold, use, sell, lease, manage, operate, clear, improve, |
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243 | 242 | | 21 encumber, transfer, convey, exchange, or dispose of the |
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244 | 243 | | 22 following: |
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245 | 244 | | 23 (A) Real and personal property and any interest in real or |
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246 | 245 | | 24 personal property. |
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247 | 246 | | 25 (B) Facilities. |
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248 | 247 | | 26 (C) Money or stocks. |
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249 | 248 | | 27 (D) Any right or interest necessary or useful for carrying out |
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250 | 249 | | 28 the board's powers and duties under this article. |
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251 | 250 | | 29 (7) Procure insurance against any loss in connection with the |
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252 | 251 | | 30 board's operations. |
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253 | 252 | | 31 (8) Enter into contractual or other arrangements with the Indiana |
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254 | 253 | | 32 department of administration in connection with the financing of |
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255 | 254 | | 33 the state museums under IC 4-13.5. museum. |
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256 | 255 | | 34 (9) Notwithstanding IC 4-13.5-4-5 (before its repeal), allocate |
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257 | 256 | | 35 space in museums financed by the Indiana finance authority. |
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258 | 257 | | 36 under IC 4-13.5. |
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259 | 258 | | 37 (10) Fix and collect rents, admission charges, fees, tolls, and other |
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260 | 259 | | 38 user charges for: |
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261 | 260 | | 39 (A) the state museums; museum; |
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262 | 261 | | 40 (B) restaurants; |
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263 | 262 | | 41 (C) other facilities; and |
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264 | 263 | | 42 (D) programs, lectures, classes, tours, and trips. |
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266 | 265 | | 1 (11) Maintain shops and restaurants on property that the board |
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267 | 266 | | 2 manages and at other locations and employ or contract with |
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268 | 267 | | 3 persons to manage the shops and restaurants. |
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269 | 268 | | 4 (12) Make or sell the following: |
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270 | 269 | | 5 (A) Pictures, models, books, and other representations of the |
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271 | 270 | | 6 state museum and its artifacts and exhibits. |
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272 | 271 | | 7 (B) Souvenirs, crafts, art, videotapes, digital video discs, and |
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273 | 272 | | 8 other merchandise. |
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274 | 273 | | 9 (13) Pay royalties, license fees, or charges for exhibits, artifacts, |
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275 | 274 | | 10 artwork, or materials. |
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276 | 275 | | 11 (14) Own copyrights, trademarks, and service marks and enforce |
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277 | 276 | | 12 the board's rights with respect to ownership. |
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278 | 277 | | 13 (15) Conduct market research concerning the state museums. |
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279 | 278 | | 14 museum. |
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280 | 279 | | 15 (16) Adopt rules under IC 4-22-2 to carry out the purposes of this |
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281 | 280 | | 16 article. |
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282 | 281 | | 17 SECTION 14. IC 4-37-4-3.5 IS ADDED TO THE INDIANA CODE |
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283 | 282 | | 18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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284 | 283 | | 19 1, 2025]: Sec. 3.5. The board shall not do the following: |
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285 | 284 | | 20 (1) Operate and administer historic sites. |
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286 | 285 | | 21 (2) Maintain accreditation of historic sites. |
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287 | 286 | | 22 SECTION 15. IC 4-37-4-4, AS AMENDED BY P.L.166-2013, |
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288 | 287 | | 23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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289 | 288 | | 24 JULY 1, 2025]: Sec. 4. (a) The board may accept or refuse to accept an |
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290 | 289 | | 25 offered gift of historic property to be administered by the board. |
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291 | 290 | | 26 (b) (a) Notwithstanding IC 4-20.5-7 and IC 5-22-22, the board may |
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292 | 291 | | 27 improve, encumber, sell, lease, transfer, convey, or exchange historic |
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293 | 292 | | 28 property administered by the board. |
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294 | 293 | | 29 (c) (b) Notwithstanding IC 5-22-22, the board may, in accordance |
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295 | 294 | | 30 with the board's policies, sell, donate, or exchange artifacts in the state |
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296 | 295 | | 31 museums' museum's collections to or with other public or nonprofit |
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297 | 296 | | 32 museums or historical societies. |
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298 | 297 | | 33 (d) (c) Subject to subsection (d), the board may by rule establish |
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299 | 298 | | 34 a procedure for evaluating the merits of proposals to: |
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300 | 299 | | 35 (1) accept gifts of; |
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301 | 300 | | 36 (2) sell; |
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302 | 301 | | 37 (3) encumber; |
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303 | 302 | | 38 (4) transfer; |
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304 | 303 | | 39 (5) convey; or |
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305 | 304 | | 40 (6) exchange; |
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306 | 305 | | 41 artifacts or historic property. |
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307 | 306 | | 42 (d) The board may not by rule establish any procedures that |
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309 | 308 | | 1 impact historic sites. |
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310 | 309 | | 2 (e) The board may donate or make short term loans of artifacts in |
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311 | 310 | | 3 the museums' state museum's collections to other: |
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312 | 311 | | 4 (1) public or nonprofit museums; or |
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313 | 312 | | 5 (2) historical societies; or |
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314 | 313 | | 6 (3) historic sites. |
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315 | 314 | | 7 SECTION 16. IC 4-37-5-2, AS ADDED BY P.L.167-2011, |
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316 | 315 | | 8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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317 | 316 | | 9 JULY 1, 2025]: Sec. 2. The board shall do the following: |
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318 | 317 | | 10 (1) Establish policies for the governance and management of the |
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319 | 318 | | 11 staffs staff of the state museums. museum. |
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320 | 319 | | 12 (2) Establish the rights and duties of corporation employees, |
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321 | 320 | | 13 including a pay scale and benefit package. |
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322 | 321 | | 14 (3) Employ or contract with consultants, attorneys, or other |
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323 | 322 | | 15 persons as are required in the judgment of the board and pay |
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324 | 323 | | 16 compensation from funds available to the board. |
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325 | 324 | | 17 SECTION 17. IC 4-37-5-5, AS ADDED BY P.L.167-2011, |
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326 | 325 | | 18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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327 | 326 | | 19 JULY 1, 2025]: Sec. 5. (a) The board may hire, fix the compensation |
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328 | 327 | | 20 of, review the performance of, and dismiss, subject to the governor's |
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329 | 328 | | 21 approval, a chief executive officer who: |
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330 | 329 | | 22 (1) is the director of the state museums; museum; |
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331 | 330 | | 23 (2) is the chief administrative officer of the corporation; and |
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332 | 331 | | 24 (3) supervises and directs the work of the state museums' staffs |
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333 | 332 | | 25 museum's staff and contractors. |
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334 | 333 | | 26 (b) The chief executive officer may hire, fix the compensation of, |
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335 | 334 | | 27 review the performance of, and dismiss employees of the corporation. |
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336 | 335 | | 28 SECTION 18. IC 4-37-5-7, AS ADDED BY P.L.167-2011, |
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337 | 336 | | 29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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338 | 337 | | 30 JULY 1, 2025]: Sec. 7. The board may assist in the professional |
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339 | 338 | | 31 development of the museums' staffs. state museum's staff. |
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340 | 339 | | 32 SECTION 19. IC 4-37-6-2, AS ADDED BY P.L.167-2011, |
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341 | 340 | | 33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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342 | 341 | | 34 JULY 1, 2025]: Sec. 2. The board may qualify the state museum for |
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343 | 342 | | 35 federal and other aid to preserve historic property, materials, items, and |
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344 | 343 | | 36 memorials. |
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345 | 344 | | 37 SECTION 20. IC 4-37-7-1, AS ADDED BY P.L.167-2011, |
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346 | 345 | | 38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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347 | 346 | | 39 JULY 1, 2025]: Sec. 1. The state museum and historic sites |
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348 | 347 | | 40 development fund is established. The corporation or an entity |
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349 | 348 | | 41 designated by the board shall administer the fund. |
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350 | 349 | | 42 SECTION 21. IC 4-37-7-5, AS ADDED BY P.L.167-2011, |
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352 | 351 | | 1 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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353 | 352 | | 2 JULY 1, 2025]: Sec. 5. Except as provided in section 8 of this chapter, |
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354 | 353 | | 3 The following shall be deposited in the fund: |
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355 | 354 | | 4 (1) Proceeds from admission and user fees. |
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356 | 355 | | 5 (2) Sales at the state museum shops. shop. |
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357 | 356 | | 6 (3) Facility rentals. |
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358 | 357 | | 7 (4) Restaurant sales. |
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359 | 358 | | 8 (5) Any other income generated by the state museums. museum. |
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360 | 359 | | 9 (6) Gifts of money or the proceeds from the sale of gifts donated |
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361 | 360 | | 10 to the state museums. museum. |
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362 | 361 | | 11 SECTION 22. IC 4-37-7-7, AS ADDED BY P.L.167-2011, |
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363 | 362 | | 12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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364 | 363 | | 13 JULY 1, 2025]: Sec. 7. The chief executive officer shall report annually |
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365 | 364 | | 14 to the board and the budget committee on the activities, revenues, |
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366 | 365 | | 15 expenditures, and profits of the museums' state museum's: |
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367 | 366 | | 16 (1) shops; |
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368 | 367 | | 17 (2) facility rentals; and |
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369 | 368 | | 18 (3) restaurants. |
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370 | 369 | | 19 SECTION 23. IC 4-37-7-8 IS REPEALED [EFFECTIVE JULY 1, |
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371 | 370 | | 20 2025]. Sec. 8. (a) The chief executive officer of the corporation may |
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372 | 371 | | 21 enter into a memorandum of understanding with one (1) or more |
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373 | 372 | | 22 nonprofit organizations that are recognized supporters of a specific |
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374 | 373 | | 23 state historic site and are exempt from taxation under Section 501(c)(3) |
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375 | 374 | | 24 of the Internal Revenue Code. The memorandum of understanding may |
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376 | 375 | | 25 provide that the nonprofit organization or organizations may maintain |
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377 | 376 | | 26 a gift shop and offer special events at the state historic site. |
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378 | 377 | | 27 (b) A memorandum of understanding entered into under this section |
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379 | 378 | | 28 may not do any of the following to restrict the fundraising activities of |
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380 | 379 | | 29 an organization described in subsection (a): |
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381 | 380 | | 30 (1) Require the organization to deposit into the fund the proceeds |
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382 | 381 | | 31 of a fundraising activity approved by the chief executive officer. |
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383 | 382 | | 32 (2) Require the organization to send money donated to the |
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384 | 383 | | 33 organization to the corporation. |
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385 | 384 | | 34 (3) Require the approval of the chief executive officer, or the |
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386 | 385 | | 35 chief executive officer's designee, before the organization pursues |
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387 | 386 | | 36 general donations from individuals and other entities. |
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388 | 387 | | 37 (4) Restrict, regulate, or limit the ability of the organization to |
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389 | 388 | | 38 hold offsite fundraising programs or activities. |
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390 | 389 | | 39 (5) Restrict, regulate, or limit the ability of the organization to |
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391 | 390 | | 40 promote or advertise any onsite or offsite fundraising programs or |
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392 | 391 | | 41 activities on social media, via electronic mail, on an Internet web |
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393 | 392 | | 42 site, or by any other means. |
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395 | 394 | | 1 (c) A memorandum of understanding entered into under this section |
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396 | 395 | | 2 may not do any of the following: |
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397 | 396 | | 3 (1) Require the organization to be any type of supporting |
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398 | 397 | | 4 organization (as the term is used in the Internal Revenue Code). |
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399 | 398 | | 5 (2) Require a representative of the corporation to be a voting or |
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400 | 399 | | 6 nonvoting member of the organization's board of directors. |
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401 | 400 | | 7 (3) Require the organization to submit to the corporation any |
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402 | 401 | | 8 organization documents, correspondence, electronic mail, or other |
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403 | 402 | | 9 data that are not required to be submitted by the Internal Revenue |
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404 | 403 | | 10 Service. |
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405 | 404 | | 11 (4) Require the organization to submit an audit of the |
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406 | 405 | | 12 organization's funds. |
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407 | 406 | | 13 (5) Restrict, regulate, or otherwise limit the ability of the |
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408 | 407 | | 14 organization to promote any onsite or offsite activities. |
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409 | 408 | | 15 (6) Allow the corporation to take a nonprofit organization's real |
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410 | 409 | | 16 or financial assets. |
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411 | 410 | | 17 (7) Require the organization to pay any rental or other fee to |
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412 | 411 | | 18 support an event at a state historic site that is sponsored by the |
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413 | 412 | | 19 organization or the corporation. |
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414 | 413 | | 20 (d) The corporation shall return to the organization any funds raised |
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415 | 414 | | 21 by the organization and donated to the corporation that: |
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416 | 415 | | 22 (1) are designated as donor restricted funds for a specific use in |
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417 | 416 | | 23 a historic site project; and |
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418 | 417 | | 24 (2) are not used for the donor's specified use in the historic site |
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419 | 418 | | 25 project; |
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420 | 419 | | 26 upon the completion of the historic site project. |
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421 | 420 | | 27 SECTION 24. IC 4-37-7-9 IS REPEALED [EFFECTIVE JULY 1, |
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422 | 421 | | 28 2025]. Sec. 9. The chief executive officer of the corporation shall enter |
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423 | 422 | | 29 into: |
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424 | 423 | | 30 (1) a memorandum of understanding with the Indiana department |
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425 | 424 | | 31 of transportation providing for the Indiana department of |
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426 | 425 | | 32 transportation to maintain historical services provided to the |
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427 | 426 | | 33 various state historic sites; |
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428 | 427 | | 34 (2) a memorandum of understanding with the department of |
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429 | 428 | | 35 correction providing for the department of correction to provide |
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430 | 429 | | 36 assistance in maintaining a state historic site; and |
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431 | 430 | | 37 (3) a memorandum of understanding with the department of |
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432 | 431 | | 38 natural resources providing for the department of natural |
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433 | 432 | | 39 resources to provide: |
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434 | 433 | | 40 (A) assistance or services to repair or clean up a state historic |
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435 | 434 | | 41 site if a natural disaster or severe weather (as defined in |
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436 | 435 | | 42 IC 36-8-21.5-7) has occurred; and |
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438 | 437 | | 1 (B) assistance providing equipment to the state historic sites |
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439 | 438 | | 2 for special events. |
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440 | 439 | | 3 SECTION 25. IC 4-37-9-1, AS ADDED BY P.L.167-2011, |
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441 | 440 | | 4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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442 | 441 | | 5 JULY 1, 2025]: Sec. 1. The state museum's great hall shall be known |
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443 | 442 | | 6 as the "Governor Frank O'Bannon Great Hall". |
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444 | 443 | | 7 SECTION 26. IC 4-37-9-2, AS ADDED BY P.L.167-2011, |
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445 | 444 | | 8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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446 | 445 | | 9 JULY 1, 2025]: Sec. 2. The chief executive officer of the state museum |
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447 | 446 | | 10 shall install and maintain the following: |
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448 | 447 | | 11 (1) Appropriate public signage on and around the state museum |
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449 | 448 | | 12 that displays the name of the great hall. |
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450 | 449 | | 13 (2) A plaque located at an appropriate spot in the state museum |
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451 | 450 | | 14 describing the highlights of the life and career of Governor Frank |
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452 | 451 | | 15 O'Bannon. |
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453 | 452 | | 16 SECTION 27. IC 14-8-2-16 IS AMENDED TO READ AS |
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454 | 453 | | 17 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 16. "Artifact", for |
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455 | 454 | | 18 purposes of IC 14-20-1.5 and IC 14-21-1, has the meaning set forth in |
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456 | 455 | | 19 IC 14-21-1-2. |
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457 | 456 | | 20 SECTION 28. IC 14-8-2-77, AS AMENDED BY P.L.127-2022, |
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458 | 457 | | 21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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459 | 458 | | 22 JULY 1, 2025]: Sec. 77. "Division" has the following meaning: |
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460 | 459 | | 23 (1) For purposes of IC 14-9-8, the meaning set forth in |
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461 | 460 | | 24 IC 14-9-8-2. |
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462 | 461 | | 25 (2) For purposes of IC 14-19-11, the meaning set forth in |
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463 | 462 | | 26 IC 14-19-11-2. |
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464 | 463 | | 27 (3) For purposes of IC 14-20-1.5, the meaning set forth in |
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465 | 464 | | 28 IC 14-20-1.5-2. |
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466 | 465 | | 29 (3) (4) For purposes of IC 14-21, the division of historic |
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467 | 466 | | 30 preservation and archeology. |
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468 | 467 | | 31 (4) (5) For purposes of IC 14-22, the division of fish and wildlife. |
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469 | 468 | | 32 (5) (6) For purposes of IC 14-24, the division of entomology and |
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470 | 469 | | 33 plant pathology. |
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471 | 470 | | 34 (6) (7) For purposes of IC 14-25.5, the division of water. |
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472 | 471 | | 35 (7) (8) For purposes of IC 14-31-2, the meaning set forth in |
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473 | 472 | | 36 IC 14-31-2-4. |
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474 | 473 | | 37 (8) (9) For purposes of IC 14-32, the division of soil conservation |
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475 | 474 | | 38 of the Indiana state department of agriculture established by |
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476 | 475 | | 39 IC 15-11-4-1. |
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477 | 476 | | 40 (9) (10) For purposes of IC 14-37, the division of reclamation. |
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478 | 477 | | 41 SECTION 29. IC 14-8-2-103, AS AMENDED BY P.L.167-2011, |
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479 | 478 | | 42 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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481 | 480 | | 1 JULY 1, 2025]: Sec. 103. (a) Except as provided in subsection (b), |
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482 | 481 | | 2 "foundation" refers to the Indiana natural resources foundation. |
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483 | 482 | | 3 (b) "Foundation", for purposes of IC 14-20-1.5, has the meaning |
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484 | 483 | | 4 set forth in IC 14-20-1.5-3. |
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485 | 484 | | 5 SECTION 30. IC 14-8-2-124, AS AMENDED BY P.L.167-2011, |
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486 | 485 | | 6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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487 | 486 | | 7 JULY 1, 2025]: Sec. 124. "Historic property", for purposes of |
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488 | 487 | | 8 IC 14-20-1.5 and IC 14-21-1, means: |
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489 | 488 | | 9 (1) a historic site; |
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490 | 489 | | 10 (2) a historic structure; or |
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491 | 490 | | 11 (3) other personal or real property located on or in a historic site |
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492 | 491 | | 12 or historic structure. |
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493 | 492 | | 13 SECTION 31. IC 14-8-2-125, AS AMENDED BY P.L.111-2016, |
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494 | 493 | | 14 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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495 | 494 | | 15 JULY 1, 2025]: Sec. 125. "Historic site" has the following meanings: |
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496 | 495 | | 16 (1) For purposes of IC 14-21-1, means a site that is important to |
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497 | 496 | | 17 the general, archeological, agricultural, economic, social, |
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498 | 497 | | 18 political, architectural, industrial, or cultural history of Indiana. |
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499 | 498 | | 19 The term includes adjacent property that is necessary for the |
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500 | 499 | | 20 preservation or restoration of the site. |
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501 | 500 | | 21 (2) For purposes of IC 14-20-1.5 and IC 14-22-6, the meaning set |
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502 | 501 | | 22 forth in IC 4-37-1-7. IC 14-20-1.5-4. |
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503 | 502 | | 23 SECTION 32. IC 14-8-2-126, AS AMENDED BY P.L.167-2011, |
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504 | 503 | | 24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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505 | 504 | | 25 JULY 1, 2025]: Sec. 126. "Historic structure", for purposes of |
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506 | 505 | | 26 IC 14-20-1.5 and IC 14-21-1, means a structure that is important to the |
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507 | 506 | | 27 general, archeological, agricultural, economic, social, political, |
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508 | 507 | | 28 architectural, industrial, or cultural history of Indiana. The term |
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509 | 508 | | 29 includes adjacent property that is necessary for the preservation or |
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510 | 509 | | 30 restoration of the structure. |
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511 | 510 | | 31 SECTION 33. IC 14-8-2-230 IS AMENDED TO READ AS |
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512 | 511 | | 32 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 230. "Real property" |
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513 | 512 | | 33 has the following meaning: |
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514 | 513 | | 34 (1) For purposes of IC 14-17, IC 14-17-2, and IC 14-18-6, and |
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515 | 514 | | 35 IC 14-20-1.5, includes an interest in real property, such as the |
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516 | 515 | | 36 following: |
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517 | 516 | | 37 (A) Any ownership interest in real property. |
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518 | 517 | | 38 (B) A leasehold. |
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519 | 518 | | 39 (C) A right-of-way. |
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520 | 519 | | 40 (D) An easement, including a utility easement. |
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521 | 520 | | 41 The term does not include personal property or an interest in |
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522 | 521 | | 42 personal property. |
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524 | 523 | | 1 (2) For purposes of IC 14-20-3, the meaning set forth in |
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525 | 524 | | 2 IC 14-20-3-1. |
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526 | 525 | | 3 (3) For purposes of IC 14-20-6, the meaning set forth in |
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527 | 526 | | 4 IC 14-20-6-1. |
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528 | 527 | | 5 (4) For purposes of IC 14-20-8, the meaning set forth in |
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529 | 528 | | 6 IC 14-20-8-1. |
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530 | 529 | | 7 (5) For purposes of IC 14-20-9, the meaning set forth in |
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531 | 530 | | 8 IC 14-20-9-2. |
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532 | 531 | | 9 (6) For purposes of IC 14-20-10, the meaning set forth in |
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533 | 532 | | 10 IC 14-20-10-1. |
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534 | 533 | | 11 (7) For purposes of IC 14-33: |
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535 | 534 | | 12 (A) land; |
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536 | 535 | | 13 (B) all buildings and fixtures on and appurtenant to land; and |
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537 | 536 | | 14 (C) an estate created in: |
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538 | 537 | | 15 (i) land; or |
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539 | 538 | | 16 (ii) mines or minerals distinct from the surface of land; |
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540 | 539 | | 17 by deed, contract reservation in a conveyance, or otherwise. |
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541 | 540 | | 18 SECTION 34. IC 14-8-2-258, AS AMENDED BY P.L.167-2011, |
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542 | 541 | | 19 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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543 | 542 | | 20 JULY 1, 2025]: Sec. 258. "Site", for purposes of IC 14-20-1.5 and |
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544 | 543 | | 21 IC 14-21, includes the following: |
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545 | 544 | | 22 (1) An aboriginal mound, a fort, an earthwork, a village location, |
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546 | 545 | | 23 a burial ground, a ruin, a mine, a cave, a battleground, a |
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547 | 546 | | 24 shipwreck, or other similar location on land or under water. |
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548 | 547 | | 25 (2) A location that contains or did contain a structure. |
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549 | 548 | | 26 SECTION 35. IC 14-8-2-265.5 IS ADDED TO THE INDIANA |
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550 | 549 | | 27 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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551 | 550 | | 28 [EFFECTIVE JULY 1, 2025]: Sec. 265.5. "State agency", for |
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552 | 551 | | 29 purposes of IC 14-20-1.5, has the meaning set forth in |
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553 | 552 | | 30 IC 14-20-1.5-5. |
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554 | 553 | | 31 SECTION 36. IC 14-8-2-268, AS AMENDED BY P.L.167-2011, |
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555 | 554 | | 32 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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556 | 555 | | 33 JULY 1, 2025]: Sec. 268. "Structure" has the following meaning: |
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557 | 556 | | 34 (1) For purposes of IC 14-20-1.5 and IC 14-21, a manmade |
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558 | 557 | | 35 construction. |
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559 | 558 | | 36 (2) For purposes of IC 14-27-7.5, the meaning set forth in |
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560 | 559 | | 37 IC 14-27-7.5-5. |
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561 | 560 | | 38 SECTION 37. IC 14-8-2-285.3 IS ADDED TO THE INDIANA |
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562 | 561 | | 39 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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563 | 562 | | 40 [EFFECTIVE JULY 1, 2025]: Sec. 285.3. "Trustees", for purposes |
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564 | 563 | | 41 of IC 14-20-1.5, has the meaning set forth in IC 14-20-1.5-6. |
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565 | 564 | | 42 SECTION 38. IC 14-9-4-1, AS AMENDED BY P.L.127-2022, |
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567 | 566 | | 1 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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568 | 567 | | 2 JULY 1, 2025]: Sec. 1. The following divisions are established within |
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569 | 568 | | 3 the department: |
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570 | 569 | | 4 (1) Administrative support services. |
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571 | 570 | | 5 (2) Asset management. |
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572 | 571 | | 6 (3) Engineering. |
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573 | 572 | | 7 (4) Entomology and plant pathology. |
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574 | 573 | | 8 (5) Finance. |
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575 | 574 | | 9 (6) Fish and wildlife. |
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576 | 575 | | 10 (7) Forestry. |
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577 | 576 | | 11 (8) Historic preservation and archeology. |
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578 | 577 | | 12 (9) Human resources. |
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579 | 578 | | 13 (10) Land acquisition. |
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580 | 579 | | 14 (11) Law enforcement. |
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581 | 580 | | 15 (12) Management information systems. |
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582 | 581 | | 16 (13) Nature preserves. |
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583 | 582 | | 17 (14) Communications. |
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584 | 583 | | 18 (15) Reclamation. |
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585 | 584 | | 19 (16) State parks. |
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586 | 585 | | 20 (17) Water. |
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587 | 586 | | 21 (18) State land office. |
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588 | 587 | | 22 (19) Historic sites. |
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589 | 588 | | 23 SECTION 39. IC 14-10-3-1, AS AMENDED BY P.L.127-2022, |
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590 | 589 | | 24 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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591 | 590 | | 25 JULY 1, 2025]: Sec. 1. This chapter applies to the property managers |
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592 | 591 | | 26 of each of the following divisions of the department: |
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593 | 592 | | 27 (1) State parks. |
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594 | 593 | | 28 (2) Forestry. |
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595 | 594 | | 29 (3) Fish and wildlife. |
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596 | 595 | | 30 (4) Historic sites. |
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597 | 596 | | 31 SECTION 40. IC 14-12-2-14, AS AMENDED BY P.L.42-2024, |
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598 | 597 | | 32 SECTION 106, IS AMENDED TO READ AS FOLLOWS |
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599 | 598 | | 33 [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) The President Benjamin |
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600 | 599 | | 34 Harrison conservation trust project commission is established. |
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601 | 600 | | 35 (b) The project commission consists of the following twenty (20) |
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602 | 601 | | 36 twenty-one (21) members: |
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603 | 602 | | 37 (1) The director of the division of fish and wildlife. |
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604 | 603 | | 38 (2) The director of the division of forestry. |
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605 | 604 | | 39 (3) The director of the division of nature preserves. |
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606 | 605 | | 40 (4) The director of the division of state parks. |
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607 | 606 | | 41 (5) The chief executive officer of the Indiana state museum and |
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608 | 607 | | 42 historic sites corporation established by IC 4-37-2-1. |
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610 | 609 | | 1 (6) The director of the division of historic sites. |
---|
611 | 610 | | 2 (6) (7) The chairperson of the board of directors of the natural |
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612 | 611 | | 3 resources foundation. |
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613 | 612 | | 4 (7) (8) Ten (10) individuals appointed by the governor. The |
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614 | 613 | | 5 governor shall appoint individuals so that all the following are |
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615 | 614 | | 6 satisfied: |
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616 | 615 | | 7 (A) The individuals must be residents of Indiana. |
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617 | 616 | | 8 (B) The individuals must have a demonstrated interest or |
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618 | 617 | | 9 experience in: |
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619 | 618 | | 10 (i) conservation of natural resources; or |
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620 | 619 | | 11 (ii) management of public property. |
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621 | 620 | | 12 (C) There must be two (2) commission members from each of |
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622 | 621 | | 13 the following regions of Indiana: |
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623 | 622 | | 14 (i) Northwest. |
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624 | 623 | | 15 (ii) Northeast. |
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625 | 624 | | 16 (iii) Southwest. |
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626 | 625 | | 17 (iv) Southeast. |
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627 | 626 | | 18 (v) Central. |
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628 | 627 | | 19 (8) (9) The following four (4) nonvoting members: |
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629 | 628 | | 20 (A) One (1) member of the house of representatives appointed |
---|
630 | 629 | | 21 by the speaker of the house of representatives. |
---|
631 | 630 | | 22 (B) One (1) member of the house of representatives appointed |
---|
632 | 631 | | 23 by the minority leader of the house of representatives. |
---|
633 | 632 | | 24 (C) One (1) member of the senate appointed by the president |
---|
634 | 633 | | 25 pro tempore of the senate. |
---|
635 | 634 | | 26 (D) One (1) member of the senate appointed by the minority |
---|
636 | 635 | | 27 leader of the senate. |
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637 | 636 | | 28 (c) The individuals appointed by the governor under subsection |
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638 | 637 | | 29 (b)(7) (b)(8) must represent one (1) or more of the following: |
---|
639 | 638 | | 30 (1) The environmentalist community. |
---|
640 | 639 | | 31 (2) The land trust community. |
---|
641 | 640 | | 32 (3) Organized hunting and fishing groups. |
---|
642 | 641 | | 33 (4) The forest products community. |
---|
643 | 642 | | 34 (5) The parks and recreation community. |
---|
644 | 643 | | 35 Each group and community listed in subdivisions (1) through (5) must |
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645 | 644 | | 36 be represented on the project commission. |
---|
646 | 645 | | 37 SECTION 41. IC 14-12-2-15, AS AMENDED BY THE |
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647 | 646 | | 38 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL |
---|
648 | 647 | | 39 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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649 | 648 | | 40 JULY 1, 2025]: Sec. 15. (a) As used in this section, "appointing |
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650 | 649 | | 41 authority" refers to: |
---|
651 | 650 | | 42 (1) the governor in the case of a member appointed under section |
---|
653 | 652 | | 1 14(b)(7) 14(b)(8) of this chapter; or |
---|
654 | 653 | | 2 (2) the speaker of the house of representatives, the minority leader |
---|
655 | 654 | | 3 of the house of representatives, the president pro tempore of the |
---|
656 | 655 | | 4 senate, or the minority leader of the senate in the case of a |
---|
657 | 656 | | 5 member appointed under section 14(b)(8) 14(b)(9) of this |
---|
658 | 657 | | 6 chapter, whichever is applicable. |
---|
659 | 658 | | 7 (b) As used in this section, "member" refers to a member of the |
---|
660 | 659 | | 8 project commission appointed under section 14(b)(7) 14(b)(8) through |
---|
661 | 660 | | 9 14(b)(8) 14(b)(9) of this chapter. |
---|
662 | 661 | | 10 (c) Except as provided in subsection (e), The term of a member |
---|
663 | 662 | | 11 begins on the later of the following: |
---|
664 | 663 | | 12 (1) The day the term of the member who the individual is |
---|
665 | 664 | | 13 appointed to succeed expires. |
---|
666 | 665 | | 14 (2) The day the individual is appointed by the appointing |
---|
667 | 666 | | 15 authority. |
---|
668 | 667 | | 16 (d) A member serves at the pleasure of the appointing authority. The |
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669 | 668 | | 17 term of a member expires as follows: |
---|
670 | 669 | | 18 (1) June 30 of an odd-numbered year for a member appointed |
---|
671 | 670 | | 19 under section 14(b)(8) 14(b)(9) of this chapter. |
---|
672 | 671 | | 20 (2) June 30, 2025, and each fourth year thereafter for a member |
---|
673 | 672 | | 21 appointed under section 14(b)(7)(C)(i), 14(b)(8)(C)(i), |
---|
674 | 673 | | 22 14(b)(7)(C)(iii), 14(b)(8)(C)(iii), or 14(b)(7)(C)(v) |
---|
675 | 674 | | 23 14(b)(8)(C)(v) of this chapter. |
---|
676 | 675 | | 24 (3) December 31, 2025, and each fourth year thereafter for a |
---|
677 | 676 | | 25 member appointed under section 14(b)(7)(C)(ii) 14(b)(8)(C)(ii) |
---|
678 | 677 | | 26 or 14(b)(7)(C)(iv) 14(b)(8)(C)(iv) of this chapter. |
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679 | 678 | | 27 (e) The appointing authority may reappoint a member for a new |
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680 | 679 | | 28 term. |
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681 | 680 | | 29 (f) The appointing authority shall appoint an individual to fill a |
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682 | 681 | | 30 vacancy among the members. An individual appointed to fill a vacancy |
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683 | 682 | | 31 serves for the unexpired term of the individual's predecessor. |
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684 | 683 | | 32 SECTION 42. IC 14-12-2-18, AS AMENDED BY P.L.42-2024, |
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685 | 684 | | 33 SECTION 110, IS AMENDED TO READ AS FOLLOWS |
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686 | 685 | | 34 [EFFECTIVE JULY 1, 2025]: Sec. 18. (a) Eight (8) Nine (9) members |
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687 | 686 | | 35 of the project commission constitute a quorum. |
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688 | 687 | | 36 (b) The affirmative vote of a majority of the voting members of the |
---|
689 | 688 | | 37 project commission present and voting is necessary for the project |
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690 | 689 | | 38 commission to take any action. |
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691 | 690 | | 39 (c) A member of the project commission described in section |
---|
692 | 691 | | 40 14(b)(1) through 14(b)(5) 14(b)(6) of this chapter may designate in |
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693 | 692 | | 41 writing a representative from the respective division to serve as a |
---|
694 | 693 | | 42 member of the project commission when the member of the project |
---|
696 | 695 | | 1 commission is unable to attend a meeting. |
---|
697 | 696 | | 2 SECTION 43. IC 14-20-1.5 IS ADDED TO THE INDIANA CODE |
---|
698 | 697 | | 3 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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699 | 698 | | 4 JULY 1, 2025]: |
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700 | 699 | | 5 Chapter 1.5. Division of Historic Sites |
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701 | 700 | | 6 Sec. 1. As used in this chapter, "artifact" has the meaning set |
---|
702 | 701 | | 7 forth in IC 14-21-1-2. |
---|
703 | 702 | | 8 Sec. 2. As used in this chapter, "division" refers to the division |
---|
704 | 703 | | 9 of historic sites established by IC 14-9-4-1. |
---|
705 | 704 | | 10 Sec. 3. As used in this chapter, "foundation" refers to the |
---|
706 | 705 | | 11 Indiana historic sites foundation, established under section 23 of |
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707 | 706 | | 12 this chapter and managed by the trustees. |
---|
708 | 707 | | 13 Sec. 4. As used in this chapter, "historic site" refers to a state |
---|
709 | 708 | | 14 historic site established and maintained by the trustees under the |
---|
710 | 709 | | 15 criteria established by the trustees. |
---|
711 | 710 | | 16 Sec. 5. As used in this chapter, "state agency" has the meaning |
---|
712 | 711 | | 17 set forth in IC 4-1-13-1. |
---|
713 | 712 | | 18 Sec. 6. As used in this chapter, "trustees" refers to the board of |
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714 | 713 | | 19 trustees for the division established by section 10 of this chapter. |
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715 | 714 | | 20 Sec. 6.5. (a) On July 1, 2025, all real property, personal |
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716 | 715 | | 21 property, and artifacts used in the: |
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717 | 716 | | 22 (1) administration; |
---|
718 | 717 | | 23 (2) operation; or |
---|
719 | 718 | | 24 (3) acquisition; |
---|
720 | 719 | | 25 of historic sites by the Indiana state museum corporation |
---|
721 | 720 | | 26 established by IC 4-37-2-1 are transferred to the division. |
---|
722 | 721 | | 27 (b) On July 1, 2025, all powers, duties, assets, and liabilities of |
---|
723 | 722 | | 28 the Indiana state museum corporation regarding historic sites are |
---|
724 | 723 | | 29 transferred to the division. |
---|
725 | 724 | | 30 (c) On July 1, 2025, the budget agency shall determine and |
---|
726 | 725 | | 31 transfer funds: |
---|
727 | 726 | | 32 (1) used to operate and maintain historic sites from the state |
---|
728 | 727 | | 33 museum development fund (IC 4-37-7-1); and |
---|
729 | 728 | | 34 (2) from any other account intended for the use of historic |
---|
730 | 729 | | 35 sites; |
---|
731 | 730 | | 36 to the state historic sites development fund established by section |
---|
732 | 731 | | 37 22 of this chapter. |
---|
733 | 732 | | 38 (d) After June 30, 2025, all individuals: |
---|
734 | 733 | | 39 (1) employed by the Indiana state museum; and |
---|
735 | 734 | | 40 (2) working at a historic site; |
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736 | 735 | | 41 shall become employees of the division. |
---|
737 | 736 | | 42 Sec. 7. The division shall administer and develop the programs |
---|
739 | 738 | | 1 and policies established by this chapter. |
---|
740 | 739 | | 2 Sec. 8. The division may do the following: |
---|
741 | 740 | | 3 (1) Undertake actions necessary to qualify the state for |
---|
742 | 741 | | 4 participation in sources of federal aid to preserve historic |
---|
743 | 742 | | 5 property, materials, items, sites, and memorials. |
---|
744 | 743 | | 6 (2) Provide information on historic property, materials, items, |
---|
745 | 744 | | 7 sites, and memorials within Indiana to federal, state, and local |
---|
746 | 745 | | 8 governmental agencies, private individuals, and |
---|
747 | 746 | | 9 organizations. |
---|
748 | 747 | | 10 (3) Advise and coordinate the activities of local historical |
---|
749 | 748 | | 11 associations, historical district commissions, historical |
---|
750 | 749 | | 12 commissions, and other interested groups or persons. |
---|
751 | 750 | | 13 (4) Provide technical and financial assistance to local |
---|
752 | 751 | | 14 historical associations, historical district commissions, |
---|
753 | 752 | | 15 historical commissions, and other interested groups or |
---|
754 | 753 | | 16 persons. |
---|
755 | 754 | | 17 (5) Develop a program of interpretation and publication of the |
---|
756 | 755 | | 18 state's historical, architectural, and archeological resources. |
---|
757 | 756 | | 19 (6) Collect and preserve objects of scientific and cultural |
---|
758 | 757 | | 20 value representing past and present flora and fauna, the life |
---|
759 | 758 | | 21 and work of mankind, geological history, natural resources, |
---|
760 | 759 | | 22 the manufacturing arts, and fine arts. |
---|
761 | 760 | | 23 Sec. 9. The division shall do the following: |
---|
762 | 761 | | 24 (1) Establish standards and criteria for the acquisition of |
---|
763 | 762 | | 25 historic properties and for the preservation, restoration, |
---|
764 | 763 | | 26 administration, and operation of the sites and structures |
---|
765 | 764 | | 27 acquired. |
---|
766 | 765 | | 28 (2) Acquire by purchase, lease, or gift appropriate historic |
---|
767 | 766 | | 29 sites and historic structures. |
---|
768 | 767 | | 30 (3) Operate and administer the historic sites and historic |
---|
769 | 768 | | 31 structures owned or acquired by the state in accordance with |
---|
770 | 769 | | 32 this chapter. |
---|
771 | 770 | | 33 Sec. 10. (a) The board of trustees for the division is established. |
---|
772 | 771 | | 34 (b) The trustees consist of thirteen (13) members as follows: |
---|
773 | 772 | | 35 (1) The director of the department, who serves as chairperson. |
---|
774 | 773 | | 36 (2) Twelve (12) members appointed by the governor as |
---|
775 | 774 | | 37 follows: |
---|
776 | 775 | | 38 (A) One (1) member of the foundation, nominated by the |
---|
777 | 776 | | 39 foundation. |
---|
778 | 777 | | 40 (B) Two (2) members who are recognized supporters of |
---|
779 | 778 | | 41 historic sites. |
---|
780 | 779 | | 42 (C) One (1) member who is a resident of Indiana's First |
---|
782 | 781 | | 1 Congressional District. |
---|
783 | 782 | | 2 (D) One (1) member who is a resident of Indiana's Second |
---|
784 | 783 | | 3 Congressional District. |
---|
785 | 784 | | 4 (E) One (1) member who is a resident of Indiana's Third |
---|
786 | 785 | | 5 Congressional District. |
---|
787 | 786 | | 6 (F) One (1) member who is a resident of Indiana's Fourth |
---|
788 | 787 | | 7 Congressional District. |
---|
789 | 788 | | 8 (G) One (1) member who is a resident of Indiana's Fifth |
---|
790 | 789 | | 9 Congressional District. |
---|
791 | 790 | | 10 (H) One (1) member who is a resident of Indiana's Sixth |
---|
792 | 791 | | 11 Congressional District. |
---|
793 | 792 | | 12 (I) One (1) member who is a resident of Indiana's Seventh |
---|
794 | 793 | | 13 Congressional District. |
---|
795 | 794 | | 14 (J) One (1) member who is a resident of Indiana's Eighth |
---|
796 | 795 | | 15 Congressional District. |
---|
797 | 796 | | 16 (K) One (1) member who is a resident of Indiana's Ninth |
---|
798 | 797 | | 17 Congressional District. |
---|
799 | 798 | | 18 (c) A member appointed under subsection (b)(2)(A) through |
---|
800 | 799 | | 19 (b)(2)(E) serves an initial term that expires December 31, 2026, and |
---|
801 | 800 | | 20 then is appointed every fourth year thereafter. A member |
---|
802 | 801 | | 21 appointed under subsection (b)(2)(F) through (b)(2)(K) serves an |
---|
803 | 802 | | 22 initial term that expires December 31, 2028, and then is appointed |
---|
804 | 803 | | 23 every fourth year thereafter. |
---|
805 | 804 | | 24 Sec. 11. Each appointed member of the trustees serves at the |
---|
806 | 805 | | 25 pleasure of the governor for a term of four (4) years. |
---|
807 | 806 | | 26 Sec. 12. A vacancy on the board of trustees shall be filled for the |
---|
808 | 807 | | 27 unexpired term in the same manner as for a full term. |
---|
809 | 808 | | 28 Sec. 13. (a) Each member of the trustees who is not a state |
---|
810 | 809 | | 29 employee is entitled to the minimum salary per diem provided by |
---|
811 | 810 | | 30 IC 4-10-11-2.1(b). The member is also entitled to reimbursement |
---|
812 | 811 | | 31 for traveling expenses as provided under IC 4-13-1-4 and other |
---|
813 | 812 | | 32 expenses actually incurred in connection with the member's duties |
---|
814 | 813 | | 33 as provided in the state policies and procedures established by the |
---|
815 | 814 | | 34 Indiana department of administration and approved by the budget |
---|
816 | 815 | | 35 agency. |
---|
817 | 816 | | 36 (b) Each member of the trustees who is a state employee is |
---|
818 | 817 | | 37 entitled to reimbursement for traveling expenses as provided under |
---|
819 | 818 | | 38 IC 4-13-1-4 and other expenses actually incurred in connection |
---|
820 | 819 | | 39 with the member's duties as provided in the state policies and |
---|
821 | 820 | | 40 procedures established by the Indiana department of |
---|
822 | 821 | | 41 administration and approved by the budget agency. |
---|
823 | 822 | | 42 Sec. 14. The trustees shall select a vice chairperson from the |
---|
825 | 824 | | 1 trustees' membership for a term of one (1) year expiring |
---|
826 | 825 | | 2 September 1 following the selection. The division director is the |
---|
827 | 826 | | 3 secretary of the trustees. |
---|
828 | 827 | | 4 Sec. 15. Seven (7) members of the trustees constitute a quorum. |
---|
829 | 828 | | 5 Sec. 16. The trustees shall do the following: |
---|
830 | 829 | | 6 (1) Nominate, when the position of division director is vacant, |
---|
831 | 830 | | 7 a person to be appointed by the director of the department to |
---|
832 | 831 | | 8 the position of division director. If the director of the |
---|
833 | 832 | | 9 department rejects a nominee's appointment, the trustees |
---|
834 | 833 | | 10 shall nominate another person. |
---|
835 | 834 | | 11 (2) Recommend, when appropriate, the dismissal of a division |
---|
836 | 835 | | 12 director. |
---|
837 | 836 | | 13 (3) Make recommendations concerning the salary ranges of |
---|
838 | 837 | | 14 the administrative, professional, and technical staff of the |
---|
839 | 838 | | 15 division. |
---|
840 | 839 | | 16 (4) Review the budget needs and requests of the division and |
---|
841 | 840 | | 17 make recommendations concerning the needs and requests to |
---|
842 | 841 | | 18 the governor through the division director. |
---|
843 | 842 | | 19 (5) Recommend that the department accept or reject, hold, or |
---|
844 | 843 | | 20 dispose of grants of property to be administered by the |
---|
845 | 844 | | 21 division for the purpose of preservation, research, or |
---|
846 | 845 | | 22 interpretation of significant areas, events, or grants to Indiana |
---|
847 | 846 | | 23 citizens for the purpose of preserving, studying, and |
---|
848 | 847 | | 24 interpreting archeological and natural phenomena, cultural |
---|
849 | 848 | | 25 trends, and accomplishments. |
---|
850 | 849 | | 26 (6) Review, guide, and assist in the development of statewide |
---|
851 | 850 | | 27 outreach programs. |
---|
852 | 851 | | 28 (7) Review, guide, and assist in the development of |
---|
853 | 852 | | 29 professionalism of the division's staff and operations. |
---|
854 | 853 | | 30 (8) Review, recommend, and devise methods to enable the |
---|
855 | 854 | | 31 division to do the following: |
---|
856 | 855 | | 32 (A) Increase the division's physical presence in Indiana. |
---|
857 | 856 | | 33 (B) Expand educational resources. |
---|
858 | 857 | | 34 (C) Meet storage needs. |
---|
859 | 858 | | 35 (9) Develop a plan of growth to meet physical, program, and |
---|
860 | 859 | | 36 financial needs for both the immediate and long range future |
---|
861 | 860 | | 37 of the division, monitor the plan at regular intervals, and |
---|
862 | 861 | | 38 ensure that the division stays within the developed plan. |
---|
863 | 862 | | 39 (10) Recommend policies, procedures, and practices that the |
---|
864 | 863 | | 40 commission, the director of the department, and the division |
---|
865 | 864 | | 41 director serving as the secretary of the trustees shall consider. |
---|
866 | 865 | | 42 (11) Give advice or make recommendations to the governor |
---|
868 | 867 | | 1 and the general assembly when requested or on the initiative |
---|
869 | 868 | | 2 of the trustees. |
---|
870 | 869 | | 3 (12) Review the conduct of the work of the division. To |
---|
871 | 870 | | 4 implement this duty, the trustees have access at any |
---|
872 | 871 | | 5 reasonable time to copies of all records pertaining to the work |
---|
873 | 872 | | 6 of the division. |
---|
874 | 873 | | 7 (13) Adopt bylaws consistent with this chapter for the |
---|
875 | 874 | | 8 division's internal control and management and file a copy of |
---|
876 | 875 | | 9 the bylaws with the division director. |
---|
877 | 876 | | 10 (14) Hold meetings at the times and places in Indiana that are |
---|
878 | 877 | | 11 prescribed by the bylaws, but at least quarterly. |
---|
879 | 878 | | 12 (15) Keep minutes of each regular and special meeting and file |
---|
880 | 879 | | 13 the minutes with the division director. The minutes are a |
---|
881 | 880 | | 14 public record. |
---|
882 | 881 | | 15 (16) Promote the welfare of the division. |
---|
883 | 882 | | 16 (17) Make recommendations concerning the administration of |
---|
884 | 883 | | 17 the historic site acquisition fund established by section 19 of |
---|
885 | 884 | | 18 this chapter. |
---|
886 | 885 | | 19 Sec. 17. Trustees are not liable in an individual capacity for any |
---|
887 | 886 | | 20 act done or omitted in connection with the performance of duties |
---|
888 | 887 | | 21 under this chapter. This section does not apply to an act or |
---|
889 | 888 | | 22 omission that constitutes gross negligence or willful or wanton |
---|
890 | 889 | | 23 misconduct. |
---|
891 | 890 | | 24 Sec. 18. (a) The commission may, on recommendation of the |
---|
892 | 891 | | 25 trustees, accept or refuse to accept an offered gift of historic |
---|
893 | 892 | | 26 property that would be administered by the department. |
---|
894 | 893 | | 27 (b) The commission may, on recommendation of the trustees, |
---|
895 | 894 | | 28 sell or exchange historic property administered by the department |
---|
896 | 895 | | 29 under IC 4-20.5-7 or IC 5-22-22. |
---|
897 | 896 | | 30 (c) The commission may, on recommendation of the trustees and |
---|
898 | 897 | | 31 in accordance with rules adopted by the commission under |
---|
899 | 898 | | 32 IC 4-22-2, sell, donate, or exchange artifacts in the historic sites' |
---|
900 | 899 | | 33 collection to or with other public or nonprofit museums or |
---|
901 | 900 | | 34 historical societies. However, the commission may donate an |
---|
902 | 901 | | 35 artifact in the historic sites' collection to a public or nonprofit |
---|
903 | 902 | | 36 museum or historical society under this subsection only if the |
---|
904 | 903 | | 37 museum or historical society is located in Indiana. |
---|
905 | 904 | | 38 (d) The commission may, on recommendation of the trustees, |
---|
906 | 905 | | 39 adopt rules under IC 4-22-2 to establish a procedure for evaluating |
---|
907 | 906 | | 40 the merits of proposals to: |
---|
908 | 907 | | 41 (1) accept gifts of; |
---|
909 | 908 | | 42 (2) sell; or |
---|
911 | 910 | | 1 (3) exchange; |
---|
912 | 911 | | 2 artifacts or historic property. |
---|
913 | 912 | | 3 Sec. 18.3. (a) The trustees may enter into a memorandum of |
---|
914 | 913 | | 4 understanding with one (1) or more nonprofit organizations that |
---|
915 | 914 | | 5 are recognized supporters of a specific historic site and are exempt |
---|
916 | 915 | | 6 from taxation under Section 501(c)(3) of the Internal Revenue |
---|
917 | 916 | | 7 Code. The memorandum of understanding may provide that the |
---|
918 | 917 | | 8 nonprofit organization or organizations may maintain a gift shop |
---|
919 | 918 | | 9 and offer special events at the historic site. |
---|
920 | 919 | | 10 (b) A memorandum of understanding entered into under this |
---|
921 | 920 | | 11 section may not do any of the following to restrict the fundraising |
---|
922 | 921 | | 12 activities of an organization described in subsection (a): |
---|
923 | 922 | | 13 (1) Require the organization to deposit into the state historic |
---|
924 | 923 | | 14 sites development fund established by section 22 of this |
---|
925 | 924 | | 15 chapter the proceeds of a fundraising activity approved by the |
---|
926 | 925 | | 16 trustees. |
---|
927 | 926 | | 17 (2) Require the organization to send money donated to the |
---|
928 | 927 | | 18 organization to the division. |
---|
929 | 928 | | 19 (3) Require the approval of the trustees, or the trustees' |
---|
930 | 929 | | 20 designee, before the organization pursues general donations |
---|
931 | 930 | | 21 from individuals and other entities. |
---|
932 | 931 | | 22 (4) Restrict, regulate, or limit the ability of the organization |
---|
933 | 932 | | 23 to hold offsite fundraising programs or activities. |
---|
934 | 933 | | 24 (5) Restrict, regulate, or limit the ability of the organization |
---|
935 | 934 | | 25 to promote or advertise any onsite or offsite fundraising |
---|
936 | 935 | | 26 programs or activities on social media, via electronic mail, on |
---|
937 | 936 | | 27 a website, or by any other means. |
---|
938 | 937 | | 28 (c) A memorandum of understanding entered into under this |
---|
939 | 938 | | 29 section may not do any of the following: |
---|
940 | 939 | | 30 (1) Require the organization to be any type of supporting |
---|
941 | 940 | | 31 organization (as the term is used in the Internal Revenue |
---|
942 | 941 | | 32 Code). |
---|
943 | 942 | | 33 (2) Require a representative of the trustees to be a voting or |
---|
944 | 943 | | 34 nonvoting member of the organization's board of directors. |
---|
945 | 944 | | 35 (3) Require the organization to submit to the trustees any |
---|
946 | 945 | | 36 organization documents, correspondence, electronic mail, or |
---|
947 | 946 | | 37 other data that are not required to be submitted by the |
---|
948 | 947 | | 38 Internal Revenue Service. |
---|
949 | 948 | | 39 (4) Require the organization to submit an audit of the |
---|
950 | 949 | | 40 organization's funds. |
---|
951 | 950 | | 41 (5) Restrict, regulate, or otherwise limit the ability of the |
---|
952 | 951 | | 42 organization to promote any onsite or offsite activities. |
---|
954 | 953 | | 1 (6) Allow the trustees to take the organization's real or |
---|
955 | 954 | | 2 financial assets. |
---|
956 | 955 | | 3 (7) Require the organization to pay any rental or other fee to |
---|
957 | 956 | | 4 support an event at a historic site that is sponsored by the |
---|
958 | 957 | | 5 organization or the trustees. |
---|
959 | 958 | | 6 (d) The trustees shall return to the organization any funds |
---|
960 | 959 | | 7 raised by the organization and donated to the division that: |
---|
961 | 960 | | 8 (1) are designated as donor restricted funds for a specific use |
---|
962 | 961 | | 9 in a historic site project; and |
---|
963 | 962 | | 10 (2) are not used for the donor's specified use in the historic |
---|
964 | 963 | | 11 site project; |
---|
965 | 964 | | 12 upon the completion of the historic site project. |
---|
966 | 965 | | 13 Sec. 18.5. The trustees shall enter into: |
---|
967 | 966 | | 14 (1) a memorandum of understanding with the Indiana |
---|
968 | 967 | | 15 department of transportation providing for the Indiana |
---|
969 | 968 | | 16 department of transportation to maintain historical services |
---|
970 | 969 | | 17 provided to the various historic sites; and |
---|
971 | 970 | | 18 (2) a memorandum of understanding with the department of |
---|
972 | 971 | | 19 correction providing for the department of correction to |
---|
973 | 972 | | 20 provide assistance in maintaining a historic site. |
---|
974 | 973 | | 21 Sec. 19. (a) The historic site acquisition fund is established. The |
---|
975 | 974 | | 22 division shall administer the historic site acquisition fund. |
---|
976 | 975 | | 23 (b) The following shall be deposited in the historic site |
---|
977 | 976 | | 24 acquisition fund: |
---|
978 | 977 | | 25 (1) Gifts of money to the historic site acquisition fund or the |
---|
979 | 978 | | 26 proceeds from the sale of gifts donated to the historic site |
---|
980 | 979 | | 27 acquisition fund. |
---|
981 | 980 | | 28 (2) The proceeds from sales under this chapter. |
---|
982 | 981 | | 29 (c) The treasurer of state shall invest the money in the historic |
---|
983 | 982 | | 30 site acquisition fund not currently needed to meet the obligations |
---|
984 | 983 | | 31 of the historic site acquisition fund in the same manner as other |
---|
985 | 984 | | 32 public money may be invested. |
---|
986 | 985 | | 33 (d) The expenses of administering the historic site acquisition |
---|
987 | 986 | | 34 fund shall be paid from money in the historic site acquisition fund. |
---|
988 | 987 | | 35 (e) The division may, on recommendation of the trustees, |
---|
989 | 988 | | 36 purchase with money in the historic site acquisition fund artifacts |
---|
990 | 989 | | 37 for the historic sites' collection. All money accruing to the historic |
---|
991 | 990 | | 38 site acquisition fund is continuously appropriated for the purpose |
---|
992 | 991 | | 39 of this subsection. |
---|
993 | 992 | | 40 (f) Money in the historic site acquisition fund at the end of a |
---|
994 | 993 | | 41 state fiscal year does not revert to the state general fund. |
---|
995 | 994 | | 42 Sec. 20. A person who: |
---|
997 | 996 | | 1 (1) knowingly; and |
---|
998 | 997 | | 2 (2) without a permit; |
---|
999 | 998 | | 3 alters historic property within the boundaries of property owned |
---|
1000 | 999 | | 4 or leased by the state commits a Class B misdemeanor. |
---|
1001 | 1000 | | 5 Sec. 21. (a) The division may, by contract, delegate the |
---|
1002 | 1001 | | 6 management of historic sites held and managed by the division to |
---|
1003 | 1002 | | 7 the foundation under terms the division considers acceptable. |
---|
1004 | 1003 | | 8 (b) Under a contract entered into under subsection (a), the |
---|
1005 | 1004 | | 9 division may: |
---|
1006 | 1005 | | 10 (1) provide office facilities and administrative support to the |
---|
1007 | 1006 | | 11 foundation; |
---|
1008 | 1007 | | 12 (2) assign division employees to administrative and program |
---|
1009 | 1008 | | 13 duties at the historic sites; |
---|
1010 | 1009 | | 14 (3) act in an advisory capacity for the foundation; and |
---|
1011 | 1010 | | 15 (4) accept donations on behalf of the foundation. |
---|
1012 | 1011 | | 16 Sec. 22. (a) The state historic sites development fund is |
---|
1013 | 1012 | | 17 established for the purpose of promoting interest in and use of |
---|
1014 | 1013 | | 18 historic sites. |
---|
1015 | 1014 | | 19 (b) The state historic sites development fund shall be |
---|
1016 | 1015 | | 20 administered by the division or an entity designated by the |
---|
1017 | 1016 | | 21 division. The state historic sites development fund consists of the |
---|
1018 | 1017 | | 22 following: |
---|
1019 | 1018 | | 23 (1) Money appropriated to the state historic sites development |
---|
1020 | 1019 | | 24 fund by the general assembly. |
---|
1021 | 1020 | | 25 (2) Revenue generated by exhibit fees. |
---|
1022 | 1021 | | 26 (3) Concessions. |
---|
1023 | 1022 | | 27 (4) Donations. |
---|
1024 | 1023 | | 28 (5) Grants. |
---|
1025 | 1024 | | 29 (6) Other miscellaneous revenue. |
---|
1026 | 1025 | | 30 (c) Money in the state historic sites development fund at the end |
---|
1027 | 1026 | | 31 of a state fiscal year does not revert to the state general fund. |
---|
1028 | 1027 | | 32 (d) The balance of the state historic sites development fund is |
---|
1029 | 1028 | | 33 continuously appropriated and may be used at the request of the |
---|
1030 | 1029 | | 34 division with the approval of the budget agency after review by the |
---|
1031 | 1030 | | 35 budget committee. |
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1032 | 1031 | | 36 Sec. 23. The trustees may, by adopting a resolution, designate an |
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1033 | 1032 | | 37 existing nonprofit corporation or establish a nonprofit subsidiary |
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1034 | 1033 | | 38 corporation, known as or to be known as the Indiana historic sites |
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1035 | 1034 | | 39 foundation, that is exempt from federal income taxation under |
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1036 | 1035 | | 40 Section 501(c)(3) of the Internal Revenue Code to solicit and accept |
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1037 | 1036 | | 41 private funding, gifts, donations, bequests, devises, and |
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1038 | 1037 | | 42 contributions. |
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1040 | 1039 | | 1 Sec. 24. The foundation: |
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1041 | 1040 | | 2 (1) shall use money received under section 23 of this chapter |
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1042 | 1041 | | 3 to carry out in any manner the purposes and programs under |
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1043 | 1042 | | 4 this chapter; and |
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1044 | 1043 | | 5 (2) may deposit money received under section 23 of this |
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1045 | 1044 | | 6 chapter in an account or fund that is: |
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1046 | 1045 | | 7 (A) administered by the foundation; and |
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1047 | 1046 | | 8 (B) not part of the state treasury. |
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1048 | 1047 | | 9 Sec. 25. The foundation is governed by a board of trustees who |
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1049 | 1048 | | 10 may appoint a director. |
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1050 | 1049 | | 11 Sec. 26. Employees of the division shall provide administrative |
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1051 | 1050 | | 12 support for the foundation. |
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1052 | 1051 | | 13 Sec. 27. The foundation is subject to compliance audits by the |
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1053 | 1052 | | 14 state board of accounts. |
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1054 | 1053 | | 15 Sec. 28. The foundation is exempt under IC 6-2.5-5-16 from the |
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1055 | 1054 | | 16 state gross retail tax for transactions involving tangible personal |
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1056 | 1055 | | 17 property, public utility commodities, and public utility service. |
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1057 | 1056 | | 18 Sec. 29. The foundation is exempt from the following: |
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1058 | 1057 | | 19 (1) The requirements of IC 4-13-2-20 prohibiting payment in |
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1059 | 1058 | | 20 advance. |
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1060 | 1059 | | 21 (2) The procurement requirements under IC 5-22. |
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1061 | 1060 | | 22 SECTION 44. IC 14-20-6-3, AS AMENDED BY P.L.167-2011, |
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1062 | 1061 | | 23 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1063 | 1062 | | 24 JULY 1, 2025]: Sec. 3. The real property shall be administered, |
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1064 | 1063 | | 25 maintained, managed, and controlled by the Indiana state museum and |
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1065 | 1064 | | 26 historic sites corporation (IC 4-37-2-1) division of historic sites (IC |
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1066 | 1065 | | 27 14-20-1.5) and shall be known as The James F.D. Lanier Home. |
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1067 | 1066 | | 28 SECTION 45. IC 14-20-7-3, AS AMENDED BY P.L.167-2011, |
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1068 | 1067 | | 29 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1069 | 1068 | | 30 JULY 1, 2025]: Sec. 3. The Indiana state museum and historic sites |
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1070 | 1069 | | 31 corporation (IC 4-37-2-1) division of historic sites (IC 14-20-1.5) may |
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1071 | 1070 | | 32 receive donations for the upkeep of the monument provided for in this |
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1072 | 1071 | | 33 chapter. |
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1073 | 1072 | | 34 SECTION 46. IC 14-20-8-3, AS AMENDED BY P.L.167-2011, |
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1074 | 1073 | | 35 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1075 | 1074 | | 36 JULY 1, 2025]: Sec. 3. The real property shall be administered by the |
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1076 | 1075 | | 37 Indiana state museum and historic sites corporation (IC 4-37-2-1) |
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1077 | 1076 | | 38 division of historic sites (IC 14-20-1.5) as a historic property and shall |
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1078 | 1077 | | 39 be known as the William S. Culbertson Mansion. |
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1079 | 1078 | | 40 SECTION 47. IC 14-20-8-4, AS AMENDED BY P.L.167-2011, |
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1080 | 1079 | | 41 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1081 | 1080 | | 42 JULY 1, 2025]: Sec. 4. The Indiana state museum and historic sites |
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1083 | 1082 | | 1 corporation (IC 4-37-2-1) division of historic sites (IC 14-20-1.5) may |
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1084 | 1083 | | 2 receive the following: |
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1085 | 1084 | | 3 (1) Donations for the maintenance of the mansion. |
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1086 | 1085 | | 4 (2) Other money that is necessary to carry out this chapter. |
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1087 | 1086 | | 5 SECTION 48. IC 14-20-9-1, AS AMENDED BY P.L.167-2011, |
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1088 | 1087 | | 6 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1089 | 1088 | | 7 JULY 1, 2025]: Sec. 1. This section and sections 2 through 5 of this |
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1090 | 1089 | | 8 chapter do not apply if: |
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1091 | 1090 | | 9 (1) the Wilbur Wright memorial is transferred to the Wilbur |
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1092 | 1091 | | 10 Wright Birthplace Preservation Society after June 30, 1995; or |
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1093 | 1092 | | 11 (2) the board of trustees of the Indiana state museum and historic |
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1094 | 1093 | | 12 sites corporation (IC 4-37-2-1) for the division of historic sites |
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1095 | 1094 | | 13 (IC 14-20-1.5) declares declare the memorial to be surplus to the |
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1096 | 1095 | | 14 needs of the state museum and historic sites corporation. division |
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1097 | 1096 | | 15 of historic sites. |
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1098 | 1097 | | 16 SECTION 49. IC 14-20-9-4, AS AMENDED BY P.L.167-2011, |
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1099 | 1098 | | 17 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1100 | 1099 | | 18 JULY 1, 2025]: Sec. 4. The Indiana state museum and historic sites |
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1101 | 1100 | | 19 corporation (IC 4-37-2-1) division of historic sites (IC 14-20-1.5) |
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1102 | 1101 | | 20 shall administer the real property, which shall be known as the Wilbur |
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1103 | 1102 | | 21 Wright Birthplace. |
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1104 | 1103 | | 22 SECTION 50. IC 14-20-9-5, AS AMENDED BY P.L.167-2011, |
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1105 | 1104 | | 23 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1106 | 1105 | | 24 JULY 1, 2025]: Sec. 5. The Indiana state museum and historic sites |
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1107 | 1106 | | 25 corporation (IC 4-37-2-1) division of historic sites (IC 14-20-1.5) may |
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1108 | 1107 | | 26 do the following: |
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1109 | 1108 | | 27 (1) Receive any appropriations made by the federal government |
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1110 | 1109 | | 28 to assist in memorializing the achievements of Wilbur Wright. |
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1111 | 1110 | | 29 (2) Expend the money received from the federal government in |
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1112 | 1111 | | 30 conformity with this chapter or the federal law making the |
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1113 | 1112 | | 31 appropriation. |
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1114 | 1113 | | 32 SECTION 51. IC 14-20-10-2, AS AMENDED BY P.L.167-2011, |
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1115 | 1114 | | 33 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1116 | 1115 | | 34 JULY 1, 2025]: Sec. 2. The real property shall be administered by the |
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1117 | 1116 | | 35 Indiana state museum and historic sites corporation (IC 4-37-2-1) |
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1118 | 1117 | | 36 division of historic sites (IC 14-20-1.5) as a historic property and shall |
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1119 | 1118 | | 37 be known as the Ernie Pyle Birthplace. |
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1120 | 1119 | | 38 SECTION 52. IC 14-20-12-3, AS AMENDED BY P.L.78-2019, |
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1121 | 1120 | | 39 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1122 | 1121 | | 40 JULY 1, 2025]: Sec. 3. Thousands of Hoosiers all over the nation have |
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1123 | 1122 | | 41 contributed toward the moving and restoration of this historic house |
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1124 | 1123 | | 42 and because the house has already proven to be an outstanding tourist |
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1126 | 1125 | | 1 attraction and in keeping with our great American heritage, it is the |
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1127 | 1126 | | 2 intent of this chapter that the office of tourism development (before |
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1128 | 1127 | | 3 July 1, 2020) or the Indiana destination development corporation (after |
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1129 | 1128 | | 4 June 30, 2020), the Indiana state museum and historic sites corporation |
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1130 | 1129 | | 5 (IC 4-37-2-1), division of historic sites (IC 14-20-1.5), and other |
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1131 | 1130 | | 6 appropriate state boards and agencies give widespread publicity to this |
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1132 | 1131 | | 7 memorial by brochure, pamphlet, or other means. |
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1133 | 1132 | | 8 SECTION 53. IC 14-20-16-1, AS AMENDED BY P.L.167-2011, |
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1134 | 1133 | | 9 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1135 | 1134 | | 10 JULY 1, 2025]: Sec. 1. (a) The governors' portraits collection is placed |
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1136 | 1135 | | 11 in the custody of the Indiana state museum and historic sites |
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1137 | 1136 | | 12 corporation (IC 4-37-2-1). The collection shall be permanently |
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1138 | 1137 | | 13 displayed in public areas of the state house under the supervision of the |
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1139 | 1138 | | 14 Indiana state museum and historic sites corporation, which is charged |
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1140 | 1139 | | 15 with its care and maintenance. |
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1141 | 1140 | | 16 (b) The chief executive officer of the Indiana state museum and |
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1142 | 1141 | | 17 historic sites corporation shall inspect each painting in the collection |
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1143 | 1142 | | 18 annually in the company of one (1) or more experts in the field of art |
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1144 | 1143 | | 19 conservation selected by the chief executive officer of the Indiana state |
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1145 | 1144 | | 20 museum and historic sites corporation. |
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1146 | 1145 | | 21 (c) After the inauguration of each governor, the chief executive |
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1147 | 1146 | | 22 officer of the Indiana state museum and historic sites corporation, with |
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1148 | 1147 | | 23 the concurrence of the governor, shall select and commission an artist |
---|
1149 | 1148 | | 24 to paint the governor's portrait. The portrait must be hung in the |
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1150 | 1149 | | 25 permanent collection immediately following the completion and |
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1151 | 1150 | | 26 acceptance of the portrait by the chief executive officer of the Indiana |
---|
1152 | 1151 | | 27 state museum and historic sites corporation and the governor. |
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1153 | 1152 | | 28 (d) The Indiana state museum and historic sites corporation shall |
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1154 | 1153 | | 29 include in its budget requests the amount the Indiana state museum and |
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1155 | 1154 | | 30 historic sites corporation considers necessary to: |
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1156 | 1155 | | 31 (1) provide for the proper care, maintenance, and display of the |
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1157 | 1156 | | 32 governors' portraits collection; and |
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1158 | 1157 | | 33 (2) commission the painting of an oil portrait of each governor for |
---|
1159 | 1158 | | 34 the collection. |
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1160 | 1159 | | 35 The Indiana state museum and historic sites corporation may use |
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1161 | 1160 | | 36 appropriated funds or any other funds provided for these purposes. |
---|
1162 | 1161 | | 37 (e) The chief executive officer of the Indiana state museum and |
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1163 | 1162 | | 38 historic sites corporation, in discharging the duties under this section, |
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1164 | 1163 | | 39 shall use the appropriate cultural and technical resources of the state, |
---|
1165 | 1164 | | 40 including the department, Indiana historical bureau, and the Indiana |
---|
1166 | 1165 | | 41 department of administration. |
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1167 | 1166 | | 42 SECTION 54. IC 14-20-16-2, AS AMENDED BY P.L.167-2011, |
---|
1169 | 1168 | | 1 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1170 | 1169 | | 2 JULY 1, 2025]: Sec. 2. (a) The governors' portraits fund is established |
---|
1171 | 1170 | | 3 as a dedicated fund to be administered by the Indiana state museum |
---|
1172 | 1171 | | 4 and historic sites corporation (IC 4-37-2-1). Money in the fund may be |
---|
1173 | 1172 | | 5 expended by the chief executive officer of the Indiana state museum |
---|
1174 | 1173 | | 6 and historic sites corporation exclusively for the preservation and |
---|
1175 | 1174 | | 7 exhibition of the state owned portraits of former governors of Indiana. |
---|
1176 | 1175 | | 8 (b) The proceeds from the sale of items as directed by law or by the |
---|
1177 | 1176 | | 9 chief executive officer of the Indiana state museum and historic sites |
---|
1178 | 1177 | | 10 corporation, from gifts of money or the proceeds from the sale of gifts |
---|
1179 | 1178 | | 11 donated to the fund, and from investment earnings from any portion of |
---|
1180 | 1179 | | 12 the fund, shall be deposited in the governors' portraits fund. |
---|
1181 | 1180 | | 13 (c) The treasurer of state shall invest the money in the fund not |
---|
1182 | 1181 | | 14 currently needed to meet the obligations of the fund in the same |
---|
1183 | 1182 | | 15 manner as other public money may be invested. |
---|
1184 | 1183 | | 16 (d) All money accruing to the governors' portraits fund is |
---|
1185 | 1184 | | 17 continuously allotted and appropriated for the purposes specified in this |
---|
1186 | 1185 | | 18 section. |
---|
1187 | 1186 | | 19 (e) Money in the fund at the end of the fiscal year does not revert to |
---|
1188 | 1187 | | 20 the state general fund. |
---|
1189 | 1188 | | 21 SECTION 55. IC 34-30-2.1-18, AS ADDED BY P.L.105-2022, |
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1190 | 1189 | | 22 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1191 | 1190 | | 23 JULY 1, 2025]: Sec. 18. IC 4-37-3-5 (Concerning actions of members |
---|
1192 | 1191 | | 24 of the board of trustees for the Indiana state museum and historic sites |
---|
1193 | 1192 | | 25 corporation). |
---|
1194 | 1193 | | 26 SECTION 56. IC 34-30-2.1-173.5 IS ADDED TO THE INDIANA |
---|
1195 | 1194 | | 27 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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1196 | 1195 | | 28 [EFFECTIVE JULY 1, 2025]: Sec. 173.5. IC 14-20-1.5-17 |
---|
1197 | 1196 | | 29 (Concerning actions of members of the board of trustees for the |
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1198 | 1197 | | 30 division of historic sites). |
---|
1199 | 1198 | | 31 SECTION 57. IC 35-52-14-7.5 IS ADDED TO THE INDIANA |
---|
1200 | 1199 | | 32 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
1201 | 1200 | | 33 [EFFECTIVE JULY 1, 2025]: Sec. 7.5. IC 14-20-1.5-20 defines a |
---|
1202 | 1201 | | 34 crime concerning altering historic property owned or leased by the |
---|
1203 | 1202 | | 35 state. |
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