Bill Text: IN HB1283 | 2012 | Regular Session | Engrossed
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-Engrossed.html
Citations Affected: IC 1-2; IC 3-9; IC 4-23; IC 5-15; IC 36-1;
IC 36-12.
Effective: July 1, 2012.
(SENATE SPONSORS _ GARD, SIMPSON)
January 11, 2012, read first time and referred to Committee on Local Government.
January 26, 2012, amended, reported _ Do Pass.
January 30, 2012, read second time, ordered engrossed. Engrossed.
January 31, 2012, read third time, passed. Yeas 95, nays 0.
February 1, 2012, read first time and referred to Committee on Local Government.
February 9, 2012, amended, reported favorably _ Do Pass.
Digest Continued
the historical bureau shall commemorate George Rogers Clark. (Current law requires that the memory of George Rogers Clark must be celebrated.) Adds electronic media to the definition of "record" for purposes of the public records law. Requires the public records commission to coordinate the use of all scanning equipment in state government. Requires the county commission of public records to implement retention schedules for use by local government officials as part of a records management program for local government public 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 an application of prior statutes provision from Class 1 library law. Provides that four members of a Class 1 library board constitute a quorum. Provides that six members of a county contractual library board constitute a quorum. Makes changes to the list of persons who may use and be issued library cards at a Class 1 library. Allows Class 1 libraries to charge reduced fees to certain nonresident users of the library district. Requires the disposal of personal property at a Class 1 library to comply with certain requirements. 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. Allows Class 2 libraries to charge reduced fees to certain nonresident users of the library district. 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
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.
(1) IC 4-23-7-3.5 (Indiana Library and Historical Department).
(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
(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. either on recommendation of the board, association or
society hereinbefore authorized to make recommendations, or by
selection by the governor, as hereinbefore provided.
(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.
department established by IC 4-23-7-1.
(5) (4) "Director" means director of the Indiana state library.
(6) (5) "Historical bureau" means the Indiana historical bureau
established by IC 4-23-7-3.
(7) (6) "Public library" has the meaning set forth in IC 36-12-1-5.
(8) (7) "State library" means the Indiana state library established
by IC 4-23-7-3.
(9) (8) "Statewide library card program" refers to the program
established by section 5.1 of this chapter.
(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
shall be selected by the director with the approval of the board and may
be removed by the director for cause at any time with the approval of
the board.
(b) In making selections for employment recognition shall be given
to the fact that all certified librarians are under the Library Certification
Act and that other staff personnel are under IC 4-15-2.
(c) Any or all of the state library employees must have had such
academic preparation and special training for the work which they are
required to perform as may be prescribed in rules promulgated by the
board.
(d) The board may provide that appointments may be made only
after the applicant has successfully passed an examination given by the
board or some person designated by the board.
(e) No employee of the state library may directly or indirectly solicit
subscription or contribution for any political party or political purpose,
or be forced in any way to make such contribution, or be required to
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.
1, 2012]. Sec. 10. The historical bureau shall have custody of all unsold
commemorative medallions and other items that were acquired for sale
to the public by the Indiana historical commission, the Indiana
sesquicentennial commission, or the Indiana American revolution
bicentennial commission when that commission is abolished. These
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.
bureau shall celebrate the memory of commemorate George Rogers
Clark in a manner fitting each occasion of George Rogers Clark Day,
every twenty-fifth day of February, established by IC 1-1-13-1.
"Commission" means the commission on public records created by this chapter.
"Record" means all documentation of the informational, communicative or
(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 to
(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, or organization, or body who has
illegal possession of original state or local government records,
those records, which shall be delivered to the commission.
(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 free library services
(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)
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.
(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.
(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.
(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)
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.
(b)
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
in the library district;
who apply for the cards.
(3) individuals who reside out of state and who are being
served through an agreement under IC 36-12-13.
(b) (c) Except as provided in subsection (c), (d), a library board
must set and charge a fee for a local library card issued under
subsection (a)(2). (b)(2) and (b)(3). 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).
(c) (d) 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 (b) that is issued to an Indiana resident who is: to an
individual who is not a resident of the library district and who is:
(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) not a resident of that a library district. employee of the
district;
(d) A library board may issue a local library card under subsection
(a)(3) or (a)(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.
prosecute complaints concerning a practitioner.
(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.
17 of this chapter, and if after conducting an investigation the director
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.