Bill Text: IN HB1283 | 2012 | Regular Session | Enrolled
Bill Title: Libraries and historic matters.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2012-03-15 - Signed by the Governor [HB1283 Detail]
Download: Indiana-2012-HB1283-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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AN ACT to amend the Indiana Code concerning general provisions and state and local
administration.
Chapter 13. State Rifle
Sec. 1. The "Grouseland Rifle" made by Colonel John Small of Vincennes, Indiana, between 1803 and 1812 is designated the official rifle of the state of Indiana.
Sec. 2. Any:
(1) duplication or reproduction; or
(2) sale of any duplication or reproduction;
of the "Grouseland Rifle" must be authorized by the Grouseland Foundation of Vincennes, Indiana.
(b) All members shall be appointed for terms of four (4) years.
(1) One (1) member of the library and historical board shall be appointed on recommendation of the state board of education.
(2) One (1) member must be appointed on the recommendation of the Indiana Library Federation.
(3) At least one (1) member shall be
(4) At least one (1) member must be a public library trustee appointed on the recommendation of the Indiana Library Trustee Association.
(c) The members of the board shall serve without compensation, but shall be entitled to receive their actual expenses necessarily incurred in attending the meetings and transacting the business of the board, and in participating in such other activities as may be in the interest of the department.
(d) Any vacancy which may occur in the membership of the board for any cause shall be filled by appointment by the governor for the unexpired term.
(e) The board may prepare plans subject to the approval of the governor and advise with the proper officials in the construction of alterations and additions to the building and provide necessary equipment and furnishings within the appropriations of funds for these purposes.
(f) The board may receive and administer any state or federal aid which may become available for the improvement and development of library and historical services in Indiana.
entire department.
funds or receiving funds to ascertain whether or not the standards and
rules are being met.
(b) The board with the advice of the council on library automation
established under IC 4-23-7-30, shall establish library automation
standards for libraries. The Indiana state library shall monitor
compliance with the standards.
(1) all loans including, at its discretion, the imposition of fines on borrowers for violation of the
(2) fees for lost or damaged materials; and
(3) the imposition of fees for third party use of materials for which the state library owns the copyright;
shall be established by the board. All funds accruing from
participate in any form of political activity.
(f) The state budget agency shall fix the compensation of the
director. The director shall fix the compensation of the employees of
the state library with the approval of the board and the state budget
agency.
(1) general policies of the state library;
(2) plans or programs for library development and interlibrary cooperation;
(3) library research;
(4) professional development for librarians;
(5) standards and rules for library services;
(6) administration and distribution of state and federal funds; and
(7) other matters as requested by the board and the state librarian.
(b) The advisory council consists of not more than fifteen (15) members.
(c) The board shall appoint the members of the council with nominations for appointment from library organizations and the state librarian.
(d) Members of the advisory council shall serve two (2) year terms. However, the board shall stagger the terms of the initial appointees.
(e) Notwithstanding subsection (d), if a member misses a majority of the advisory council's meetings in a calendar year, the board may remove the member and reappoint a member to serve the remainder of the term.
(f) A member of the advisory council is not entitled to compensation, per diem, or reimbursement for expenses.
(g) A quorum of the members must be present for the advisory council to take any official action. A quorum of the advisory council consists of a majority of the members appointed to the advisory council. An affirmative vote by a majority of the members present is needed for the advisory council to make a recommendation or take any official action.
format shall be provided by the historical bureau using appropriated
funds, local matching funds, donations, grants, or any other funds
provided for that purpose according to the guidelines and rules of the
historical marker program.
(b) The board may appoint a historical marker advisory committee
to serve without compensation. The committee may advise the board
and the director concerning the following:
(1) Guidelines and rules for the historical marker program.
(2) Appropriate sites to be marked.
(3) Other matters concerning the historical marker program as
requested by the board or the director.
(c) Historical markers approved under this section, become
including state format markers installed after 1945 and markers
installed by the Indiana Civil War centennial commission, are the
property of the state. Maintenance of state historical markers is part of
the historical marker program. The historical bureau may cooperate
with individuals, local and state agencies, and private institutions and
organizations for the maintenance of the historical markers. Funds
made available to the historical marker program, as approved by the
board, may be used for necessary maintenance.
(d) No historical marker may be erected on a highway of the state
highway system without the approval of the historical bureau as to its
historical accuracy. This provision is in addition to any other
requirement of law.
"Commission" means the commission on public records created by this chapter.
"Record" means all documentation of the informational, communicative or
generated on:
(1) paper or paper substitutes;
(2) photographic or chemically based media;
(3) magnetic, electronic, or machine readable media; or
(4) any other materials, regardless of form or characteristics.
"Nonrecord materials" means all identical copies of forms, records,
reference books, and exhibit materials which are made, or acquired,
and preserved solely for reference use, exhibition purposes, or
publication and which are not included within the definition of record.
"Personal records" means:
(1) all documentary materials of a private or nonpublic character
which do not relate to or have an effect upon the carrying out of
the constitutional, statutory, or other official or ceremonial duties
of a public official, including: diaries, journals, or other personal
notes serving as the functional equivalent of a diary or journal
which are not prepared or utilized for, or circulated or
communicated in the course of, transacting government business;
or
(2) materials relating to private political associations, and having
no relation to or effect upon the carrying out of constitutional,
statutory, or other official or ceremonial duties of a public official
and are not deemed public records.
"Form" means every piece of paper, transparent plate, or film
containing information, printed, generated, or reproduced by whatever
means, with blank spaces left for the entry of additional information to
be used in any transaction involving the state.
"Agency" means any state office, department, division, board,
bureau, commission, authority, or other separate unit of state
government established by the constitution, law, or by executive or
legislative order.
"Public official" means:
(1) an individual holding a state office created by the Constitution
of Indiana, by act or resolution of the general assembly, or by the
governor;
(2) all officers of the executive and administrative branch of state
government; and
(3) all other officers, heads, presidents, or chairmen of agencies
of state government.
"Indiana state archives" means the program maintained by the
commission for the preservation of those records and other government
papers that have been determined by the commission to have sufficient
permanent values to warrant their continued preservation by the state.
"Forms management" means the program maintained by the commission to provide continuity of forms design procedures from the form's origin up to its completion as a record by determining the:
(1) form's size, style, and size of type;
(2) format;
(3) type of construction;
(4) number of plies;
(5) quality, weight and type of paper and carbon; and
(6) use of the form for data entry as well as the distribution.
"Information management" means the program maintained by the commission for the application of management techniques to the purchase, creation, utilization, maintenance, retention, preservation, and disposal of forms and records undertaken to improve efficiency and reduce costs of recordkeeping, including management of filing and microfilming equipment and supplies, filing and information retrieval systems, files, correspondence, reports and forms management, historical documentation, micrographic retention programming, and critical records protection.
"Records center" means a program maintained by the commission primarily for the storage, processing, retrieving, servicing, and security of government records that must be retained for varying periods of time but should not be maintained in an agency's office equipment or space.
"Critical records" means records necessary to:
(1) resume or continue governmental operations;
(2) the reestablishing of the legal and financial responsibilities of government in the state; or
(3) protect and fulfill governmental obligations to the citizens of the state.
"Retention schedule" means a set of instructions prescribing how long, where, and in what form a record series shall be kept.
"Records series" means documents or records that are filed in a unified arrangement and having similar physical characteristics or relating to a similar function or activity.
"Records coordinator" means a person designated by an agency to serve as an information liaison person between the agency and the commission.
(1) Establish a forms management program for state government and approve the design, typography, format, logo, data sequence, form analysis, form number, and agency file specifications of each form.
(2) Establish a central state form numbering system and a central cross index filing system of all state forms, and standardize, consolidate, and eliminate, wherever possible, forms used by state government.
(3) Approve, provide, and in the manner prescribed by IC 5-22, purchase photo-ready copy for all forms.
(4) Establish a statewide records management program, prescribing the standards and procedures for record making and record keeping. However, the investigative and criminal history records of the state police department are exempted from this requirement.
(5) Coordinate utilization of all micrographics and scanning equipment in state government.
(6) Assist the Indiana department of administration in coordinating utilization of all duplicating and printing equipment in the executive and administrative branches.
(7) Advise the Indiana department of administration with respect to the purchase of all records storage equipment.
(8) Establish and operate a distribution center for the receipt, storage, and distribution of all material printed for an agency.
(9) Establish and operate a statewide archival program to be called the Indiana state archives for the permanent government records of the state, provide consultant services for archival programs, conduct surveys, and provide training for records coordinators.
(10) Establish and operate a statewide record preservation laboratory.
(11) Prepare, develop, and implement record retention schedules.
(12) Establish and operate a central records center to be called the Indiana state records center, which shall accept all records transferred to it, provide secure storage and reference service for the same, and submit written notice to the applicable agency of intended destruction of records in accordance with approved retention schedules.
(13) Demand, from any person,
(14) Have the authority to examine all forms and records housed
or possessed by state agencies for the purpose of fulfilling the
provisions of this chapter.
(15) In coordination with the office of technology established by
IC 4-13.1-2-1, establish standards to ensure the preservation of
adequate and permanent computerized and auxiliary automated
information records of the agencies of state government.
(16) Notwithstanding IC 5-14-3-8, establish a schedule of fees for
services provided to patrons of the Indiana state archives. A
copying fee established under this subdivision may exceed the
copying fee set forth in IC 5-14-3-8(c).
(b) In implementing a forms management program, the commission
shall follow procedures and forms prescribed by the federal
government.
(c) Fees collected under subsection (a)(16) shall be deposited in the
state archives preservation and reproduction account established by
section 5.3 of this chapter.
(b) All requests to destroy, transfer, or otherwise dispose of records that are not covered by an approved retention schedule are to be submitted to the county commission according to the procedure established under this chapter.
(c) Requests for exceptions to an approved retention schedule shall be submitted to the county commission. The commission may not consider requests for retention of records that are shorter in duration than the approved retention schedule.
(d) Local government officers shall submit documentation of destruction, transfer, or other disposal of records according to an approved retention schedule to the county commission with a copy submitted to the state archives.
(e) Whenever a local government includes parts of more than one (1) county, the commission of the county that contains the greatest percentage of population of the local government has jurisdiction over the records of the local government for the purposes of this chapter.
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8. (a) The state shall encourage the establishment,
maintenance, and development of public libraries throughout Indiana
as part of the provision for public education of Indiana.
(b) Public libraries provide free library services for all individuals
in order to meet the educational, informational, and recreational
interests and needs of the public.
(c) Library services include:
(1) collecting and organizing books and other library materials;
and
(2) providing reference, loan, and related services to library
patrons.
(d) Library services are provided by public libraries supported by
public funds.
(1) elect from the members of the board a president, a vice president, a secretary, and other officers that the board determines are necessary; and
(2) adopt bylaws for the board's procedure and management and for the management of the public library.
Officers of the board shall be elected annually.
(b)
(1) at least monthly; and
(2) at any other time a meeting is necessary.
Meetings may be called by the president or any two (2) board members. All meetings of the board, except necessary executive sessions of the officers, are open to the public.
(1) fix and collect fees and rental charges; and
(2) assess fines, penalties, and damages for the:
(A) loss of;
(B) injury to; or
(C) failure to return;
any library property or material.
(b) A library board may issue local library cards to:
(1) residents and real property taxpayers of the library district;
(2) Indiana residents who are not residents of the library district; and
(3) individuals who reside out of state and who are being served through an agreement under IC 36-12-13.
(c) Except as provided in
(1) The library district's operating fund expenditure per capita in the most recent year for which that information is available in the Indiana state library's annual "Statistics of Indiana Libraries".
(2) Twenty-five dollars ($25).
(d) A library board may issue a local library card without charge or for a reduced fee
(1) a student enrolled in or a teacher in a public school corporation or nonpublic school:
(A) that is located at least in part in the library district; and
(B) in which students in any grade preschool through grade 12 are educated; or
(2)
a local library card under subsection (c) that is issued to an Indiana
resident who is a student enrolled in a nonpublic school that is located
at least in part in the library district.
(f) A library board may issue a local library card under subsection
(b)(3) or (b)(4):
(1) to an individual who is not a resident of the library district;
and
(2) without charging a fee for the card;
if the board adopts a resolution that is approved by an affirmative vote
of a majority of the members appointed to the library board.
(e) A library card issued under subsection (b)(2), (b)(3), or (d)
expires one (1) year after issuance of the card.
(1) acquire real or personal property by purchase, devise, lease, condemnation, or otherwise; and
(2) own any real or personal property for purposes of the public library.
(b) The library board may:
(1) sell;
(2) exchange; or
(3) otherwise dispose of;
real and personal property no longer needed for library purposes in accordance with IC 36-1-11 and IC 5-22.
(c) The library board may transfer personal property no longer needed for library purposes for no compensation or a nominal fee to an Indiana nonprofit library organization that is:
(1) tax exempt; and
(2) organized and operated for the exclusive benefit of the library disposing of the property;
without complying with IC 36-1-11 or IC 5-22.
(d) The library board may:
(1) accept gifts of real or personal property; and
(2) hold, mortgage, lease, or sell the property as directed by the terms of the grant, gift, bequest, or devise;
when the action is in the interest of the public library.
services of the library.
(b) With the prior written approval of the library board and if the
library board has adopted a resolution under subsection (a), claim
payments may be made in advance of library board allowance for any
of the following types of expenses:
(1) Property or services purchased or leased from the federal
government or the federal government's agencies and the state,
the state's agencies, or the state's political subdivisions.
(2) Dues, subscriptions, and publications.
(3) License or permit fees.
(4) Insurance premiums.
(5) Utility payments or connection charges.
(6) Federal grant programs where:
(A) advance funding is not prohibited; and
(B) the contracting party posts sufficient security to cover the
amount advanced.
(7) Grants of state funds authorized by statute.
(8) Maintenance and service agreements.
(9) Legal retainer fees.
(10) Conference fees.
(11) Expenses related to the educational or professional
development of an individual employed by the library board,
including:
(A) inservice training;
(B) attending seminars or other special courses of instruction;
and
(C) tuition reimbursement;
if the library board determines that the expenditures under this
subdivision directly benefit the library.
(12) Leases or rental agreements.
(13) Bond or coupon payments.
(14) Payroll costs.
(15) State, federal, or county taxes.
(16) Expenses that must be paid because of emergency
circumstances.
(17) Expenses incurred to advertise and promote the programs
and services of the library.
(18) Other expenses described in a library board resolution.
Each payment of expenses lawfully incurred for library purposes must
be supported by a fully itemized invoice or other documentation. The
library director must certify to the library board before payment that
each claim for payment is true and correct. The certification must be on
a form prescribed by the state board of accounts. The library board
shall review and allow the claim at the library board's first regular or
special meeting following the payment of a claim under this section.
(c) Each payment of expenses lawfully incurred for library
purposes must be supported by a fully itemized invoice or other
documentation. The library director shall certify to the library
board before payment that each claim for payment is true and
correct. The certification must be on a form prescribed by the state
board of accounts.
(c) (d) Purchases of books, magazines, pamphlets, films, filmstrips,
microforms, microfilms, slides, transparencies, phonodiscs,
phonotapes, models, art reproductions, and all other forms of library
and audiovisual materials are exempt from the restrictions imposed by
IC 5-22.
(d) (e) The purchase of library automation systems must meet the
standards established by the Indiana library and historical board under
IC 4-23-7.1-11(b).
(b) Sections 5 through 12 of this chapter apply to Class 1 public libraries that seek to expand into more than one (1) township of a county by an alternative method to the method under sections 2 through 4 of this chapter.
(c) The expansion of a library district may occur by:
(1) the legislative body passing a resolution; or
(2) the petition and remonstrance process;
as provided in this chapter.
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) The library board of a public library may file
a proposed expansion with the township trustee and legislative body of
the township. The proposal must state that the public library seeks to
combine with a certain township or any part of a township not being
taxed for public library service to form a single library district.
(b) Except as provided in section 3 of this chapter, When a township
trustee and legislative body receive a proposal of expansion under this
section, the legislative body may agree to the expansion proposal by
written resolution.
(1) A petition for acceptance of the proposal of expansion that states that the registered voter is in favor of the establishment of an expanded library district.
(2) A remonstrance in opposition to the proposal of expansion that states that the registered voter is opposed to the establishment of an expanded library district.
(b) A registered voter of the township or part of the township may file a petition or a remonstrance, if any, with the clerk of the circuit court in the county where the township is located. A petition for acceptance of the proposal of expansion must be signed by at least twenty percent (20%) of the registered voters of the township, or part of the township, as determined by the most recent general election.
(c) The following apply to a petition that is filed under this section or a remonstrance that is filed under subsection (b):
(1) The petition or remonstrance must show the following:
(A) The date on which each individual signed the petition or remonstrance.
(B) The residence of each individual on the date the individual
signed the petition or remonstrance.
(2) The petition or remonstrance must include an affidavit of the
individual circulating the petition or remonstrance, stating that
each signature on the petition or remonstrance:
(A) was affixed in the individual's presence; and
(B) is the true signature of the individual who signed the
petition or remonstrance.
(3) Several copies of the petition or remonstrance may be
executed. The total of the copies constitute a petition or
remonstrance. A copy must include an affidavit described in
subdivision (2). A signer may file the petition or remonstrance, or
a copy of the petition or remonstrance. All copies constituting a
petition or remonstrance must be filed on the same day.
(4) The clerk of the circuit court in the county in which the
township is located shall do the following:
(A) If a name appears more than one (1) time on a petition or
on a remonstrance, the clerk must strike any duplicates of the
name until the name appears only one (1) time on a petition or
a remonstrance, or both, if the individual signed both a petition
and a remonstrance.
(B) Strike the name from either the petition or the
remonstrance of an individual who:
(i) signed both the petition and the remonstrance; and
(ii) personally, in the clerk's office, makes a voluntary
written and signed request for the clerk to strike the
individual's name from the petition or the remonstrance.
(C) Certify the number of signatures on the petition and on any
remonstrance that:
(i) are not duplicates; and
(ii) represent individuals who are registered voters in the
township or the part of the township on the day the
individuals signed the petition or remonstrance.
The clerk of the circuit court may only strike an individual's name
from a petition or a remonstrance as set forth in clauses (A) and
(B).
(d) The clerk of the circuit court shall complete the certification
required under subsection (c) not more than fifteen (15) days after the
petition or remonstrance is filed. The clerk shall:
(1) establish a record of certification in the clerk's office; and
(2) file the original petition, the original remonstrance, if any, and
a copy of the clerk's certification with the legislative body.
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) The library board of a public library may file
a proposed expansion with the legislative body of the county. The
proposal must state that the public library seeks to combine with more
than one (1) township or parts of more than one (1) township not being
taxed for public library service to form a single library district.
(b) Except as provided in section 6 of this chapter, Whenever the
legislative body of a county receives a proposal of expansion under this
section, the legislative body may agree to the expansion proposal by
written resolution.
(1) A petition for acceptance of the proposal of expansion.
(2) A remonstrance petition in opposition to the proposal of expansion.
(b) Registered voters shall file a petition or a remonstrance, if any, with the clerk of the circuit court in the county where the townships are located. A petition for acceptance of the proposal of expansion must be signed by at least twenty percent (20%) of the registered voters of the townships or parts of townships, as determined by the most recent general election.
(1) fix and collect fees and rental charges; and
(2) assess fines, penalties, and damages for the:
(A) loss of;
(B) injury to; or
(C) failure to return;
any library property or material.
(1) residents and real property taxpayers of the library district;
(2) Indiana residents who are not residents of the library district; and
(3) individuals who reside out of state and who are being served through an agreement under IC 36-12-13.
(1) The library district's operating fund expenditure per capita in the most recent year for which that information is available in the Indiana state library's annual "Statistics of Indiana Libraries".
(2) Twenty-five dollars ($25).
(1) a student enrolled in or a teacher in a public school corporation or nonpublic school:
(A) that is located at least in part in the library district; and
(B) in which students in any grade preschool through grade 12 are educated; or
(2)
if the board adopts a resolution that is approved by an affirmative vote of a majority of the members appointed to the library board.
(e) A library card issued under subsection (b)(2), (b)(3), or (d) expires one (1) year after issuance of the card.
2012]. (Library Services Authorities).
(1) The director
(2) The director shall notify the practitioner of the:
(A) nature and ramifications of the complaint; and
(B) duty of the
(A) subpoena witnesses; or
(B) send for and compel the production of books, records, papers, and documents;
in relation to an investigation under this chapter. The circuit or superior court located in the county where a subpoena is to be
issued shall enforce the subpoena.
(4) If, after investigating, the director determines the
complaint has merit, the director shall notify the complainant,
practitioner, and the board. The director has forty-five (45)
days to attempt to resolve the complaint through negotiation.
(5) If, after investigating, the director determines the
complaint has no merit, the director shall notify the
complainant, practitioner, and the board that the complaint
has been dismissed.
(b) If a complaint is dismissed by the director under section 15 of this chapter, the complainant may file a written appeal with the board within thirty (30) days after the date of dismissal. The board shall then take jurisdiction of the complaint.
(c) During the forty-five (45) days after the board receives notification or appeal under subsection (a) or (b), the director shall not conduct an investigation or take any action, unless requested by the board.
(1) the complaint should be:
(A) dismissed;
(B) prosecuted; or
(C) investigated further; or
(2) a resolution to the complaint should be negotiated.
If the board determines that further investigation or negotiation is warranted, the board may, at a later date, prosecute or dismiss the complaint.
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