Bill Text: IN HB1283 | 2012 | Regular Session | Introduced
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-Introduced.html
Citations Affected: IC 4-23; IC 5-15; IC 36-1-7-5; IC 36-12.
Effective: July 1, 2012.
January 10, 2012, read first time and referred to Committee on Local Government.
Digest Continued
records not more than 30 days after adoption by the oversight
committee on public records. (Current law requires the county
commission of public records to adopt retention schedules at the first
meeting of the county commission after the commission receives the
retention schedule.) Removes the policy that public libraries provide
free library services for all individuals. Repeals the law allowing
certain township trustees to pay the cost of a library card for certain
residents. Removes an application of prior statutes provision from
Class 1 library law. Provides that four members of a Class 1 library
constitute a quorum. Makes changes to the list of persons who may use
and be issued library cards at a Class 1 library. Requires the disposal
of personal property at a Class 1 library to comply with certain
requirements. Requires a fee to be paid for a library card issued by
certain municipal residents under a reciprocal borrowing agreement.
Repeals certain merger requirements for libraries located in
consolidated cities. Makes certain changes to the procedure to expand
Class 1 libraries. Makes changes to the list of persons who may use and
be issued library cards at a Class 2 library. Repeals laws concerning
library service authorities. Changes the duties and procedures for the
investigation and resolution of complaints by the library certification
board. Makes conforming changes. Makes technical changes.
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.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
(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) At least one (1) member
(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.
establish the council on library automation to:
(1) conduct ongoing planning activities for library automation in
Indiana; and
(2) advance the automation goals of Indiana's libraries through the
cooperation of the appropriate library agencies and organizations.
(b) The council on library automation consists of thirteen (13)
members as follows:
(1) One (1) member from the Indiana library and historical board.
(2) Two (2) members from area library services authorities.
(3) Two (2) members from the Indiana cooperative library
services authority.
(4) Two (2) members from the department of education.
(5) Two (2) members from the state educational institution library
automation committee.
(6) Two (2) members from the Indiana state library.
(7) Two (2) members from public libraries.
(c) With regard to the members described in subsection (b)(1)
through (b)(6), each respective entity or agency described in subsection
(b)(1) through (b)(6) shall forward its nominees for appointment on the
council to the Indiana library and historical board for confirmation.
(d) The Indiana library and historical board shall establish a process
to select the members appointed under subsection (b)(7).
(e) Except as provided in subsection (f), the terms of office for
council members is three (3) years.
(f) The Indiana library and historical board shall establish the
procedures for the council, including staggering the terms for initial
members of the council.
(g) The council may do the following:
(1) Encourage planning by individual libraries and groups of
libraries with regard to library automation.
(2) Annually update and distribute the statewide library
automation and resource sharing plan.
(3) Submit to the state library board its recommendations
concerning the adoption of library automation standards under
IC 4-23-7.1-11(b).
(4) Encourage library automation, resource sharing, and document
delivery programs that are consistent with state technology
strategies, educational programs, and economic interests.
(5) Consult with appropriate agencies and organizations with an
interest in library automation and resource sharing in Indiana.
(h) The council shall provide an annual report to the Indiana library
and historical board on the council's activities and progress made
towards meeting the goals in the statewide library automation and
resource sharing plan. The council shall recommend to the Indiana
library and historical board funding strategies that support the goals
and initiatives contained in the statewide plan.
(1) "Advisory council" refers to the Indiana state library advisory council established by section 39 of this chapter.
(2) "Agency" means any state administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, service, or other similar body of state government.
(3) "Board" means the Indiana library and historical board established by IC 4-23-7-2.
(4) "Department" means the Indiana library and historical department established by IC 4-23-7-1.
(5) "Director" means director of the Indiana state library.
(6) "Historical bureau" means the Indiana historical bureau established by IC 4-23-7-3.
(7) "Public library" has the meaning set forth in IC 36-12-1-5.
(8) "State library" means the Indiana state library established by IC 4-23-7-3.
libraries. The formula must base the amount of money paid to an
eligible public library upon the number of net loans made by the
eligible public library under the statewide library card program.
(e) The fees collected under section 5.1 of this chapter shall be
deposited in the fund. Interest earned on money in the fund shall be
deposited in the fund.
(f) Money in the fund is appropriated continuously for the purposes
specified in this section and section 5.1 of this chapter.
(g) Money in the fund at the end of a state fiscal year does not revert
to the state general fund. If the fund is abolished, any money in the
fund reverts to the state general fund.
(b) The board
(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
(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 no fewer than fifteen (15) members.
(c) The membership of the council must be broadly representative and comply with the requirements established by the federal Department of Education under 34 C.F.R. 770.
(d) The board shall appoint the members of the council with nominations for appointment from library organizations and the state librarian.
(e) Members of the advisory council shall serve two (2) year terms.
(f) A member of the advisory council is not entitled to:
(1) the minimum salary per diem provided by IC 4-10-11-2.1(b); or
(2) reimbursement
(g) Members of the advisory council may:
(1) participate in a regular or special meeting by; or
(2) conduct the meeting through the use of;
any means of communication by which all members of the council participating and members of the public in attendance may simultaneously hear each other during the meeting. A member of the advisory council participating in a meeting by this means is considered to be present in person at the meeting and may vote on any final action.
medallions and other commemorative items shall be offered for sale to
the public at a price determined by the director of the historical bureau.
The proceeds from the sale of such items shall be deposited in the
governors' portraits fund.
(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,
(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.
following definitions apply throughout this chapter:
"Commission" means the commission on public records created by
this chapter.
"Record" means all documentation of the informational,
communicative or decisionmaking decision making processes of state
government, its agencies and subdivisions made or received by any
agency of state government or its employees in connection with the
transaction of public business or government functions, which
documentation is created, received, retained, maintained, or filed by
that agency or its successors as evidence of its activities or because of
the informational value of the data in the documentation, and which is
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.
(b) Public libraries provide
(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) Indiana residents;
(2) real property taxpayers;
(3) temporary visitors from outside Indiana, as defined by the
library;
may use the facilities and services of the public library without charge,
for library or related purposes. However, but must be issued a local
library card under the requirements of this section in order to
check out the library's materials and access licensed information.
(b) The library board may:
(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) (c) A library board: may
(1) shall issue local library cards to:
(1) (A) residents and real property taxpayers of the library
district; and
(2) (B) Indiana residents who are not residents of the library
district; and
(3) library employees of the library district; or
(4) employees of a school corporation or nonpublic school located
in the library district;
who apply for the cards.
(2) may issue local library cards to individuals who reside
outside Indiana and are being served through an agreement
under IC 36-12-13.
(c) (d) Except as provided in subsections (d) and (e), a library board
must set and charge a fee for a local library card issued under
subsection (b)(2). (c)(1)(B) and (c)(2). The minimum fee that the
board may set under this subsection is the greater of the following:
(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) (e) A library board may issue a local library card without
charge or for a reduced fee or not charge a fee for a local library card
under subsection (c) that is issued to an Indiana resident who is: to an
individual who is not a resident of the library district and is:
(1) a student enrolled in or a teacher in a public school
corporation or nonpublic school that:
(A) is located at least in part in the library district; and
(B) educates students in any grade preschool through
grade 12; 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.
(f) All local library cards issued under subsections (c)(1)(B), (c)(2), and (e) expire one (1) year after issuance of the card.
(1) provide to; or
(2) receive from;
the other library board library service.
(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 5-22-22.
(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 and IC 5-22-22.
(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.
(1) Another public library.
(2) Any unit.
(b) A contract for library service between a public library and another municipal corporation must:
(1) outline the manner and extent of library service;
(2) outline the amount of compensation for the extension of library service; and
(3) provide that, except in the case of a reciprocal borrowing agreement between two (2) or more Indiana public libraries, for each local library card issued to an individual who resides or owns real property within the boundaries of the contracting municipal corporation, an amount equal to the fee required by IC 36-12-2-25(d) must be paid by the individual cardholder, the contracting municipality, or the individual cardholder and the contracting municipality.
(c) This subsection does not apply to municipal corporations described in section 8 of this chapter. A municipal corporation receiving library service shall:
(1) levy a tax sufficient to meet the amount of compensation agreed upon under the contract; and
(2) expend all funds received under a contract for library services chargeable to the contract.
December 31 of the year of the merger and a newly created board shall
take office January 1.
(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.
(b)
(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.
(b)
(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) Indiana residents;
(2) real property taxpayers; and
(3) temporary visitors from outside Indiana, as defined by the library board;
may use the facilities and services of the public library without charge, but must be issued a local library card under the requirements of this section in order to check out the library's materials and access licensed information.
(b) The library board may:
(1) fix and collect fees and rental charges; and
(2) assess fines, penalties, and damages for the:
(A) loss of;
(B) damage to; or
(C) failure to return;
any library property or material.
(1) shall issue local library cards to:
(2) may issue local library cards to individuals who reside outside Indiana and 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 that:
(A) is located at least in part in the library district; and
(B) educates students in any grade preschool through grade 12; 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.
(f) All local library cards issued under subsections (c)(1)(B), (c)(2), and (e) expire one (1) year after issuance of the card.
(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.
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 16. For thirty (30) days after the director has
notified the board and the practitioner that a complaint has been filed,
(a) If the director is unable to satisfactorily resolve a complaint
that the director has determined to have merit under section 15 of
this chapter, the director shall notify the board, which shall take
jurisdiction of the complaint.
(b) If a complaint is dismissed by the director, 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. If, during the thirty (30) days, the board requests an extension
of the thirty (30) day period, the director shall extend the period for not
more than twenty (20) days. After the forty-five (45) day period has
elapsed, the board shall make the determination whether:
(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.
believes the practitioner should be subject to disciplinary sanctions by
the board, the director shall file a report with the attorney general.
Upon receiving the director's report, the attorney general may prosecute
the matter before the board on behalf of the state.
