Bill Text: IN SB0537 | 2011 | Regular Session | Engrossed
Bill Title: State museum and historic sites.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0537 Detail]
Download: Indiana-2011-SB0537-Engrossed.html
Citations Affected: IC 4-37; IC 14-8; IC 14-9; IC 14-10; IC 14-12;
IC 14-20; IC 34-30; IC 35-43; noncode.
Effective: July 1, 2011.
(HOUSE SPONSOR _ SAUNDERS)
January 18, 2011, read first time and referred to Committee on Appointments and Claims.
February 3, 2011, amended, reported favorably _ Do Pass; reassigned to Committee on
Appropriations.
February 14, 2011, amended, reported favorably _ Do Pass.
February 15, 2011, read second time, ordered engrossed.
February 16, 2011, engrossed.
February 17, 2011, read third time, passed. Yeas 41, nays 9.
March 28, 2011, read first time and referred to Committee on Natural Resources.
April 7, 2011, amended, reported _ Do Pass.
Digest Continued
plans. Provides an exception from the procurement statutes for the board's acquisition of artifacts for the state museum and historic sites. Establishes the state museum and historic sites development fund. Provides that interest earned on the corporation's investments shall be deposited in the corporation's funds. Provides that all earned income accruing to the corporation's fund is appropriated continuously. Specifies that the corporation's proposed budget is subject to the budget statutes governing state agencies if the proposed budget includes funding from the state general fund. Requires prior review of the state budget committee and the approval of the budget director for obligations to be incurred by the corporation for lands and structures. Provides that the board's investments must be consistent with the public funds investment requirements that apply to the treasurer of state. Requires the chief executive officer of the corporation to report annually to the state budget committee concerning the activities, revenues, expenditures, and profits of the museums' shops, facility rentals, and restaurants. Establishes the state museum foundation. Includes transitional provisions to transfer the museum and historic sites functions and funds from the department of natural resources (DNR) to the corporation. Repeals laws governing the state museum and historic sites as entities administered by the DNR. Makes conforming 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
natural and cultural resources.
ARTICLE 37. STATE MUSEUM AND HISTORIC SITES
Chapter 1. Definitions
Sec. 1. Except as otherwise provided, the definitions in this chapter apply throughout this article.
Sec. 2. "Board" refers to the corporation's board of trustees established by IC 4-37-3-1.
Sec. 3. "Chief executive officer" refers to the chief executive officer of the Indiana state museum and historic sites corporation appointed under IC 4-37-2-5 and the director of the state museum.
Sec. 4. "Corporation" refers to the Indiana state museum and historic sites corporation established by IC 4-37-2-1.
Sec. 5. "Foundation" refers to the Indiana state museum foundation established under IC 4-37-8-1 or its successors.
Sec. 6. "Fund" refers to the state museum and historic sites
development fund established by IC 4-37-7-1.
Sec. 7. "Historic site" refers to a state historic site established
and maintained by the board under the criteria established by the
board.
Sec. 8. "Museum" refers to the state museum.
Sec. 9. "State museums" refers to the following:
(1) The state museum located in the White River State Park.
(2) The historic sites.
Chapter 2. State Museum and Historic Sites Corporation
Sec. 1. The Indiana state museum and historic sites corporation
is established.
Sec. 2. (a) The corporation is:
(1) a public body corporate and politic; and
(2) an instrumentality of the state.
(b) The corporation is separate from the state. However, the
exercise by the corporation of its powers is an essential
governmental function.
Sec. 3. The corporation may:
(1) sue and be sued; and
(2) plead and be impleaded.
Sec. 4. The corporation is subject to a biennial audit by the state
board of accounts.
Sec. 5. The board shall appoint, subject to the governor's
approval, an individual to serve as chief executive officer of the
corporation.
Sec. 6. The corporation is not subject to the requirements under
IC 5-13-6-1.
Sec. 7. The records of the corporation are subject to IC 5-14-3.
Sec. 8. (a) After June 30, 2011, rules that concern the division of
state museums and historic sites that were adopted by the natural
resources commission shall be treated as rules applying to the
corporation.
(b) After June 30, 2011, a reference to the department of natural
resources in a statute or rule concerning the division of state
museums and historic sites shall be treated as a reference to the
corporation.
Chapter 3. Members and Organization
Sec. 1. The corporation is governed by a board of trustees that
consists of the following members:
(1) Thirteen (13) persons appointed by the governor who are
voting members. The governor's appointments must meet the
following criteria:
(A) Each member must be a resident of Indiana.
(B) Not more than two (2) members may reside in the same county.
(C) At least one (1) member must be a recognized supporter of historic sites.
(D) Not more than seven (7) members may be from the same political party.
(2) Twelve (12) persons appointed by the board who are voting members. The board's appointments must meet the following criteria:
(A) Each member must be a resident of Indiana.
(B) Not more than two (2) members may reside in the same county.
(C) At least one (1) member must be a recognized supporter of historic sites.
(D) Not more than six (6) members may be from the same political party.
(3) The following persons serve as nonvoting members of the board:
(A) The chief executive officer.
(B) The governor or the governor's designee.
(C) One (1) member of the house of representatives appointed by the chairman of the legislative council.
(D) One (1) member of the senate appointed by the chairman of the legislative council.
(E) The director of the department of natural resources or the director's designee.
The members appointed under clauses (C) and (D) must be from different political parties and serve at the pleasure of the chairman of the legislative council.
Sec. 2. (a) The members appointed in section 1 of this chapter:
(1) begin their terms July 1;
(2) shall serve for terms of three (3) years; and
(3) may be reappointed or replaced by the appointing authority, but may not serve more than three (3) consecutive terms.
(b) A member appointed under this section to fill a vacancy shall fill the vacancy for the remainder of the unexpired term.
(c) Each member shall continue to serve until the member's successor is appointed and qualified.
Sec. 3. (a) The governor shall appoint the chair of the board, who shall serve for a one (1) year term or until the governor
appoints a successor.
(b) The board shall elect a vice chair, secretary, and treasurer
for a term of two (2) years each.
Sec. 4. (a) Thirteen (13) voting members of the board constitute
a quorum.
(b) The board shall adopt bylaws establishing procedures for the
board.
Sec. 5. Board members are not liable in an individual capacity
for any act done or omitted in connection with the performance of
duties under this article. This section does not apply to an act or
omission that constitutes gross negligence or willful misconduct.
Sec. 6. (a) Each member of the board who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and for other
expenses actually incurred in connection with the member's duties
as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(b) Each member of the board who is a state employee but who
is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under
IC 4-13-1-4 and for other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the board who is a member of the general
assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
paid from appropriations made to the legislative council or the
legislative services agency.
Chapter 4. General Powers, Duties, and Exemptions
Sec. 1. The title to the following shall be held in the name of the
state of Indiana:
(1) Property constituting the state museums, except to the
extent that the property is subject to a use and occupancy
agreement between the Indiana finance authority and the
Indiana department of administration.
(2) Property acquired by the board.
Sec. 2. The board shall do the following:
(1) Operate and administer the state museums.
(2) Maintain accreditation of the state museums.
(3) Collect, preserve, display, and interpret artifacts and materials reflecting the cultural and natural history of Indiana.
(4) Prepare and maintain a statewide inventory of the artifacts and materials described in subdivision (3).
(5) Uphold the highest professional and ethical standards, as adopted by the American Association of Museums.
Sec. 3. The board may do the following:
(1) Do any and all acts and things necessary, proper, or convenient to carry out this article.
(2) Hold meetings under IC 5-14-1.5 at the times and places in Indiana that are prescribed by the board's bylaws.
(3) Adopt an official seal.
(4) Adopt bylaws.
(5) Make and execute contracts and other instruments necessary or convenient to the exercise of the commission's powers.
(6) Acquire by grant, purchase, gift, devise, or lease or otherwise and hold, use, sell, lease, manage, operate, clear, improve, encumber, transfer, convey, exchange, or dispose of the following:
(A) Real and personal property and any interest in real or personal property.
(B) Facilities.
(C) Money or stocks. (D) Any right or interest necessary or useful for carrying out the board's powers and duties under this article.
(7) Procure insurance against any loss in connection with the board's operations.
(8) Enter into contractual or other arrangements with the Indiana department of administration in connection with the financing of the state museums under IC 4-13.5.
(9) Notwithstanding IC 4-13.5-4-5, allocate space in museums financed by the Indiana finance authority under IC 4-13.5.
(10) Fix and collect rents, admission charges, fees, tolls, and other user charges for:
(A) the state museums;
(B) restaurants;
(C) other facilities; and
(D) programs, lectures, classes, tours, and trips.
(11) Maintain shops and restaurants on property that the board manages and at other locations and employ or contract with persons to manage the shops and restaurants.
(12) Make or sell the following:
(A) Pictures, models, books, and other representations of the museum and its artifacts and exhibits.
(B) Souvenirs, crafts, art, videotapes, digital video discs, and other merchandise.
(13) Pay royalties, license fees, or charges for exhibits, artifacts, artwork, or materials. (14) Own copyrights, trademarks, and service marks and enforce the board's rights with respect to ownership.
(15) Conduct market research concerning the state museums.
(16) Adopt rules under IC 4-22-2 to carry out the purposes of this article.
Sec. 4. (a) The board may accept or refuse to accept an offered gift of historic property to be administered by the board.
(b) Notwithstanding IC 4-20.5-7 and IC 5-22-22, the board may sell, lease, or exchange historic property administered by the board.
(c) Notwithstanding IC 5-22-22, the board may, in accordance with the board's policies, sell, donate, or exchange artifacts in the state museums' collections to or with other public or nonprofit museums or historical societies.
(d) The board may by rule establish a procedure for evaluating the merits of proposals to:
(1) accept gifts of;
(2) sell; or
(3) exchange;
artifacts or historic property.
(e) The board may donate or make short term loans of artifacts in the museums' collections to other:
(1) public or nonprofit museums; or
(2) historical societies.
Sec. 5. The board is not required to pay any taxes or assessments upon any property acquired or used by the board under this article, or upon the income from the property.
Sec. 6. The board is exempt under IC 6-2.5-5-16 from the state gross retail tax for transactions involving tangible personal property, public utility commodities, and public utility service.
Sec. 7. The board is exempt from the following:
(1) The requirements of IC 4-13-2-20 prohibiting payment in
advance.
(2) The procurement requirements under IC 5-22.
Sec. 8. (a) The board shall annually evaluate the performance of
the chief executive officer.
(b) Subject to approval by the governor, the board may dismiss
the chief executive officer.
Chapter 5. Personnel Matters
Sec. 1. Employees of the corporation are not employees of the
state.
Sec. 2. The board shall do the following:
(1) Establish policies for the governance and management of
the staffs of the state museums.
(2) Establish the rights and duties of corporation employees,
including a pay scale and benefit package consistent with
IC 4-15-1.8.
(3) Employ or contract with consultants, attorneys, or other
persons as are required in the judgment of the board and pay
compensation from funds available to the board.
Sec. 3. The board may develop a separate personnel system for
employees of the corporation.
Sec. 4. (a) The board shall adopt a resolution providing that the
corporation's employees who are eligible to participate in the
public employees' retirement fund under the eligibility
requirements set forth in IC 5-10.2 and IC 5-10.3 shall participate
in the fund.
(b) The board shall adopt a resolution to allow the corporation's
employees to participate in group insurance and other benefit
plans, including the state employees' deferred compensation plan,
that are available to state employees.
Sec. 5. (a) The board may hire, fix the compensation of, review
the performance of, and dismiss, subject to the governor's
approval, a chief executive officer who:
(1) is the director of state museums;
(2) is the chief administrative officer of the corporation; and
(3) supervises and directs the work of the state museums'
staffs and contractors.
(b) The chief executive officer may hire, fix the compensation of,
review the performance of, and dismiss employees of the
corporation, subject to state personnel rules and policies.
Sec. 6. (a) The board and the employees of the corporation are:
(1) under the jurisdiction of and rules adopted by the state
ethics commission; and
(2) subject to ethics rules and requirements that apply to the executive branch of state government.
However, the board may adopt additional ethics rules and requirements that are more stringent than those adopted by the state ethics commission.
(b) The state ethics commission shall also enforce any additional ethics rules and requirements adopted under this section.
Sec. 7. The board may assist in the professional development of the museums' staffs.
Chapter 6. Budget, Finance, and Planning
Sec. 1. (a) The chief executive officer shall annually present to the board the needs and requests of the corporation and a proposed budget.
(b) The chief executive officer shall present the proposed biennial and board approved annual budget of the corporation to the governor. The proposed budget is subject to IC 4-12-1 if the proposed budget includes funding to be appropriated from the state general fund.
Sec. 2. The board may qualify the museum for federal and other aid to preserve historic property, materials, items, and memorials.
Chapter 7. State Museum and Historic Sites Development Fund
Sec. 1. The state museum and historic sites development fund is established. The corporation or an entity designated by the board shall administer the fund.
Sec. 2. The corporation may invest the money in the fund not currently needed to meet the obligations of the fund in a manner consistent with IC 5-13-10. Interest earned on the investments shall be deposited in the corporation's funds. Sec. 3. The expenses of administering the fund shall be paid from the fund. Sec. 4. The corporation may spend the money in the fund for any purpose of the corporation that complies with this article, including the acquisition of real property and historical artifacts and specimens, construction of facilities, and betterments and improvements at historic sites.
Sec. 5. The following shall be deposited in the fund:
(1) Proceeds from admission and user fees.
(2) Sales at museum shops.
(3) Facility rentals.
(4) Restaurant sales.
(5) Any other income generated by the state museums.
(6) Gifts of money or the proceeds from the sale of gifts
donated to the state museums.
Sec. 6. (a) All earned income accruing to the fund is
appropriated continuously for purposes of this article.
(b) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
Sec. 7. The chief executive officer shall report annually to the
board and the budget committee on the activities, revenues,
expenditures, and profits of the museums' shops, facility rentals,
and restaurants.
Chapter 8. Indiana State Museum Foundation
Sec. 1. The board may establish a nonprofit subsidiary
corporation, to be known as the Indiana state museum foundation,
that is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code to solicit and accept private
funding, gifts, donations, bequests, devises, and contributions.
Sec. 2. The foundation:
(1) shall use money received under section 1 of this chapter to
carry out in any manner the purposes and programs under
this article; and
(2) may deposit money received under section 1 of this
chapter in an account or fund that is:
(A) administered by the foundation; and
(B) not part of the state treasury.
Sec. 3. The foundation is governed by a board of directors. The
directors are the members of the board.
Sec. 4. Employees of the corporation shall provide
administrative support for the foundation.
Sec. 5. The state board of accounts shall annually audit the
foundation.
Chapter 9. Governor Frank O'Bannon Great Hall
Sec. 1. The museum's great hall shall be known as the
"Governor Frank O'Bannon Great Hall".
Sec. 2. The chief executive officer of the museum shall install
and maintain the following:
(1) Appropriate public signage on and around the museum
that displays the name of the great hall.
(2) A plaque located at an appropriate spot in the museum
describing the highlights of the life and career of Governor
Frank O'Bannon.
(1) For purposes of IC 14-9-8, the meaning set forth in IC 14-9-8-2.
(1) For purposes of IC 14-9-5, the meaning set forth in IC 14-9-5-1.
(2) For purposes of IC 14-9-8-21, the meaning set forth in IC 14-9-8-21.
(3) For purposes of IC 14-9-8-21.5, the meaning set forth in IC 14-9-8-21.5.
(4) For purposes of IC 14-9-9, the meaning set forth in IC 14-9-9-3.
(5) For purposes of IC 14-12-1, the meaning set forth in IC 14-12-1-1.
(6) For purposes of IC 14-12-2, the meaning set forth in IC 14-12-2-2.
(7) For purposes of IC 14-12-3, the meaning set forth in
IC 14-12-3-2.
(8) For purposes of IC 14-13-1, the meaning set forth in
IC 14-13-1-2.
(9) For purposes of IC 14-13-2, the meaning set forth in
IC 14-13-2-3.
(10) For purposes of IC 14-16-1, the meaning set forth in
IC 14-16-1-30.
(11) For purposes of IC 14-19-8, the meaning set forth in
IC 14-19-8-1.
(12) For purposes of IC 14-20-1, the meaning set forth in
IC 14-20-1-3.
(13) (12) For purposes of IC 14-20-11, the meaning set forth in
IC 14-20-11-2.
(14) (13) For purposes of IC 14-21-4, the meaning set forth in
IC 14-21-4-10.
(15) (14) For purposes of IC 14-22-3, the meaning set forth in
IC 14-22-3-1.
(16) (15) For purposes of IC 14-22-4, the meaning set forth in
IC 14-22-4-1.
(17) (16) For purposes of IC 14-22-5, the meaning set forth in
IC 14-22-5-1.
(18) (17) For purposes of IC 14-22-8, the meaning set forth in
IC 14-22-8-1.
(19) (18) For purposes of IC 14-22-34, the meaning set forth in
IC 14-22-34-2.
(20) (19) For purposes of IC 14-23-3, the meaning set forth in
IC 14-23-3-1.
(21) (20) For purposes of IC 14-24-4.5, the meaning set forth in
IC 14-24-4.5-2(5).
(22) (21) For purposes of IC 14-25-2-4, the meaning set forth in
IC 14-25-2-4.
(23) (22) For purposes of IC 14-25-10, the meaning set forth in
IC 14-25-10-1.
(24) (23) For purposes of IC 14-25-11-19, the meaning set forth
in IC 14-25-11-19.
(25) (24) For purposes of IC 14-25.5, the meaning set forth in
IC 14-25.5-1-3.
(26) (25) For purposes of IC 14-28-5, the meaning set forth in
IC 14-28-5-2.
(27) (26) For purposes of IC 14-31-2, the meaning set forth in
IC 14-31-2-5.
(28) (27) For purposes of IC 14-25-12, the meaning set forth in
IC 14-25-12-1.
(29) (28) For purposes of IC 14-32-8, the meaning set forth in
IC 14-32-8-1.
(30) (29) For purposes of IC 14-33-14, the meaning set forth in
IC 14-33-14-3.
(31) (30) For purposes of IC 14-33-21, the meaning set forth in
IC 14-33-21-1.
(32) (31) For purposes of IC 14-34-6-15, the meaning set forth in
IC 14-34-6-15.
(33) (32) For purposes of IC 14-34-14, the meaning set forth in
IC 14-34-14-1.
(34) (33) For purposes of IC 14-37-10, the meaning set forth in
IC 14-37-10-1.
(1) a historic site;
(2) a historic structure; or
(3) other personal or real property located on or in a historic site or historic structure.
(b) "Person", for purposes of IC 14-12-2, has the meaning set forth in IC 14-12-2-3.
(c) "Person", for purposes of IC 14-16, IC 14-22-28, IC 14-24,
IC 14-26-2, IC 14-28-1, IC 14-28-3, IC 14-29-6, and IC 14-38-2, means
an individual, a partnership, an association, a fiduciary, an executor or
administrator, a limited liability company, a corporation, other legal
entity, the state, or an agency, a political subdivision, or another
instrumentality of the state.
(d) "Person", for purposes of IC 14-12-1, IC 14-12-2, IC 14-20-1,
IC 14-21, IC 14-25 through IC 14-29, except as otherwise provided in
this section, IC 14-33, IC 14-34, and IC 14-37, means an individual, a
partnership, an association, a fiduciary, an executor or administrator,
a limited liability company, a corporation, or a governmental entity.
(e) "Person", for purposes of IC 14-22-31.5, has the meaning set
forth in IC 14-22-31.5-2.
(f) "Person", for purposes of IC 14-25-3, has the meaning set forth
in IC 14-25-3-1.
(g) "Person", for the purposes of IC 14-25-7, has the meaning set
forth in IC 14-25-7-5.
(h) "Person", for purposes of IC 14-34, means an individual, a
partnership, a limited liability company, an association, a society, a
joint stock company, a firm, a company, a corporation, or other
business organization.
(i) "Person", for purposes of IC 14-38-1, has the meaning set forth
in IC 14-38-1-2.
(j) "Person", for purposes of IC 14-24-12, has the meaning set forth
in IC 14-24-12-4.
(1) For purposes of IC 14-12-1, the meaning set forth in IC 14-12-1-2.
(1) An aboriginal mound, a fort, an earthwork, a village location, a burial ground, a ruin, a mine, a cave, a battleground, a shipwreck, or other similar location on land or under water.
(2) A location that contains or did contain a structure.
following meaning:
(1) For purposes of IC 14-20-1 and IC 14-21, a manmade
construction.
(2) For purposes of IC 14-27-7.5, the meaning set forth in
IC 14-27-7.5-5.
(1) Accounting.
(2) Administrative support services.
(3) Budget.
(4) Engineering.
(5) Entomology and plant pathology.
(6) Fish and wildlife.
(7) Forestry.
(8) Historic preservation and archeology.
(9) Human resources.
(10) Internal audit.
(11) Land acquisition.
(12) Law enforcement.
(13) Management information systems.
(14) Nature preserves.
(15) Oil and gas.
(16) Outdoor recreation.
(17) Public information and education.
(18) Reclamation.
(19) Reservoir management.
(20) Safety and training.
(1) IC 14-9.
(2) This article.
(3) IC 14-11.
(4) IC 14-12-2.
(5) IC 14-14.
(6) IC 14-17-3.
(7) IC 14-18, except IC 14-18-6 and IC 14-18-8.
(8) IC 14-19-1 and IC 14-19-8.
(b) A rule adopted under subsection (a) expires not later than one (1) year after the rule is accepted for filing by the publisher of the Indiana Register.
(1) State parks.
(2) Forestry.
(3) Fish and wildlife.
(4) Reservoir management.
(b) The project committee consists of the following sixteen (16) members:
(1) The director of the division of fish and wildlife.
(2) The director of the division of forestry.
(3) The director of the division of nature preserves.
(4) The director of the division of state parks.
(5) The director of the division of outdoor recreation.
(6) The
(7) Ten (10) individuals appointed by the governor. The governor shall appoint individuals so that all the following are satisfied:
(A) The individuals must be residents of Indiana.
(B) The individuals must have a demonstrated interest or experience in:
(i) conservation of natural resources; or
(ii) management of public property.
(C) Each Indiana congressional district must be represented by at least one (1) individual who is a resident of that congressional district.
(D) The individuals must represent the following:
(i) The environmentalist community.
(ii) The academic community.
(iii) Organized hunting and fishing groups.
(iv) The forest products community.
(v) The parks and recreation community.
(1) The lieutenant governor or the lieutenant governor's designee.
(2) The
(3) One (1) individual who must be an elected officer of the New Harmony town legislative body.
(4) One (1) individual who must be a representative of the University of Southern Indiana.
(5) One (1) individual who must be a representative of the Robert Lee Blaffer Trust nominated by the trustees of the Robert Lee Blaffer Trust.
(6) Four (4) other individuals, at least two (2) of whom must be residents of Posey County.
(b) The governor shall appoint the members of the commission under subsection (a)(3) through (a)(6).
(1) Recommend legislation to do the following:
(A) Protect the area from the environmental degradation.
(B) Assure development of the historic, scenic, aesthetically pleasing, cultural, educational, and recreational nature of the community.
(2) Conduct a survey of New Harmony memorabilia that is in existence and establish a plan for restoring the memorabilia to the community.
(3) Conduct other activities that are necessary for promotion and enhancement of the area of New Harmony.
(4) Cooperate with the
(1) Donations for the maintenance of the mansion.
(2) Other money that is necessary to carry out this chapter.
(1) the Wilbur Wright memorial is transferred to the Wilbur Wright Birthplace Preservation Society after June 30, 1995; or
(2) the
(1) Receive any appropriations made by the federal government to assist in memorializing the achievements of Wilbur Wright.
(2) Expend the money received from the federal government in conformity with this chapter or the federal law making the appropriation.
(b) The
(c) After the inauguration of each governor, the
and commission an artist to paint the governor's portrait. The portrait
must be hung in the permanent collection immediately following the
completion and acceptance of the portrait by the director chief
executive officer of the division Indiana state museum and historic
sites corporation and the governor.
(d) The division Indiana state museum and historic sites
corporation shall include in its budget requests the amount the
division Indiana state museum and historic sites corporation
considers necessary to:
(1) provide for the proper care, maintenance, and display of the
governors' portraits collection; and
(2) commission the painting of an oil portrait of each governor for
the collection.
The division Indiana state museum and historic sites corporation
may use appropriated funds or any other funds provided for these
purposes.
(e) The director chief executive officer of the division, Indiana
state museum and historic sites corporation, in discharging the
duties under this section, shall use the appropriate cultural and
technical resources of the state, including the department, Indiana
historical bureau, and the Indiana department of administration.
(b) The proceeds from the sale of items as directed by law or by the
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(d) All money accruing to the governors' portraits fund is continuously allotted and appropriated for the purposes specified in this section.
(e) Money in the fund at the end of the fiscal year does not revert to the state general fund.
; (11)ES0537.1.31. --> SECTION 31. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 14-8-2-266; IC 14-8-2-283; IC 14-20-1.
(b) All real property, personal property, and artifacts of the division of state museums and historic sites are transferred from the division of state museums and historic sites to the corporation.
(c) All powers, duties, assets, and liabilities of the department of natural resources regarding the division of state museums and historic sites and artifacts of the division of state museums and historic sites that are attributable to the division of state museums and historic sites are transferred to the corporation.
(d) On July 1, 2011, the budget agency shall determine and transfer the available balance of:
(1) the revolving fund of the division of museums and historic sites (IC 14-9-5-2);
(2) the state museum development fund (IC 14-20-1-1.5, repealed by this act);
(3) the state museum acquisition fund (IC 14-20-1-24, repealed by this act); and
(4) any other account intended for the use of state museums, including program, education, and collections funds;
to the state museum and historic sites development fund (IC 4-37-7-1).
(e) The budget agency shall transfer to the corporation appropriations for the department of natural resources for the period beginning July 1, 2011, and ending June 30, 2013, that were intended for the operation and improvement of the state museum according to an allotment schedule under IC 4-13-2-18.
(f) This act does not authorize any rehabilitation or repairs to any state buildings, nor does it allow any obligations to be incurred for lands and structures, without the prior review of the budget committee and the approval of the budget director or the director's designee.
(g) Notwithstanding IC 4-37-3-2(a)(2), as added by this act, the initial appointments by the governor to the board of trustees of the corporation under IC 4-37-3-2(a) shall be staggered as follows:
(1) Four (4) persons appointed by the governor shall be appointed to serve a one (1) year term ending June 30, 2012.
(2) Four (4) persons appointed by the governor shall be appointed to serve a two (2) year term ending June 30, 2013.
(3) Five (5) persons appointed by the governor shall be appointed to serve a three (3) year term ending June 30, 2014.
(h) This SECTION expires July 1, 2013.
