CHAPTER 1. INDIANA WAR MEMORIALS COMMISSION
IC 10-18
ARTICLE 18. WAR MEMORIALS
IC 10-18-1
Chapter 1. Indiana War Memorials Commission
IC 10-18-1-1
"Commission"
Sec. 1. As used in this chapter, "commission" refers to the Indianawar memorials commission established by section 2 of this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-2
Commission established
Sec. 2. (a) The Indiana war memorials commission is established.
(b) The commission consists of ten (10) members. Each Indianacongressional district must be represented by at least one (1) memberwho is:
(1) a resident of that congressional district;
(2) a veteran of service in the armed forces of the United Statesof America in time of war;
(3) a citizen of Indiana at the time of the service; and
(4) appointed:
(A) in the manner;
(B) for the terms;
(C) to have the powers; and
(D) to perform the duties;
as provided in this chapter.
(c) The commission:
(1) as the commission and in the commission's name, mayprosecute and defend suits; and
(2) has all other duties, rights, and powers that are:
(A) necessary to implement this chapter; and
(B) not inconsistent with this chapter.
(d) The members of the commission are not liable in theirindividual capacity, except to the state, for any act done or omittedin connection with the performance of their duties under this chapter.
(e) A suit against the commission must be brought in a court withjurisdiction in Marion County. Notice or summons of the suit shallbe served upon the president, vice president, or secretary of thecommission. In a suit against the commission, it is not necessary toname the individual members of the commission as either plaintiff ordefendant. Commission members may sue and be sued in the nameof the Indiana war memorials commission.
(f) The commission shall:
(1) report to the governor through the adjutant general; and
(2) be under the adjutant general for administrative supervision.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-3 Appointment of members; term; removal of members
Sec. 3. (a) The governor shall appoint members of the commissionfor a term of three (3) years, subject to removal as provided in thissection.
(b) The commissioners:
(1) must be persons of high standing and character; and
(2) serve without compensation, except for reimbursement forany reasonable expenses necessarily incurred by thecommissioners in the performance of their duties.
(c) The commissioners shall be selected without regard to theirpolitical affiliations. However, not more than six (6) of thecommissioners at any time may be members of the same politicalparty.
(d) The governor may, for just cause, based upon written chargesspecifying alleged misconduct, remove any member of thecommission, after notice to the member and a public hearing.
(e) The governor shall appoint a qualified person to fill theunexpired term of a member who does not complete the member'sterm.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-4
Certificate of appointment
Sec. 4. (a) The governor shall execute a certificate of appointmentthat makes reference to this chapter and sets forth the term ofappointment for each member of the commission. The governor shalldeposit the certificates of appointment in the office of the secretaryof state, who shall record the certificates in a book kept for thatpurpose.
(b) The secretary of state shall notify each person appointed as acommissioner of the person's appointment. The person's acceptanceof the appointment shall be signified by subscribing to an oath, to beendorsed on the certificate of appointment:
(1) to support the Constitution of the United States and theConstitution of the State of Indiana; and
(2) to faithfully and honestly discharge the person's duty underthe law as a commissioner.
(c) The secretary of state shall deliver the certificate, whenrecorded, to the person named in the certificate. The certificateconstitutes the commission of the person named as a member of thecommission for the term specified.
(d) If a person appointed fails to qualify under this section withinten (10) days after notice of the person's appointment, the governorshall appoint another qualified person as a commissioner.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-5
Election of officers
Sec. 5. (a) The commission shall elect the following:
(1) One (1) member of the commission to serve as president. (2) One (1) member of the commission to serve as vicepresident.
(3) One (1) qualified person who is not a member of thecommission to serve as secretary of the commission.
The commission shall elect officers each year. Officers shall holdtheir respective offices for one (1) year or during the pleasure of thecommission.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-6
Bonding of officers
Sec. 6. (a) The president and vice president of the commissionshall, before entering upon the discharge of their duties, give bond tothe approval of the governor, each in the sum of ten thousand dollars($10,000), conditioned for the faithful performance of the duties asmay be imposed upon them by law.
(b) The officers and any other officers required to give a bondunder this chapter may furnish as surety any surety companyauthorized to transact business in Indiana that meets the approval ofthe commission, and the premium on any bond shall be paid as a partof the expenses of the commission.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-7
Duties of president
Sec. 7. (a) The president shall do the following:
(1) Preside over the meetings of the commission.
(2) Sign all vouchers approved by the commission under thischapter.
(3) Sign all contracts and agreements in the name of thecommission that have been authorized by the commission. Thesecretary shall attest to contracts signed by the president.
(b) If the president is absent or unable to act, the vice presidentshall perform the president's duties.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-8
Duties of secretary; bond
Sec. 8. (a) The secretary appointed by the commission shall takean oath to faithfully perform the duties of the secretary's office.
(b) The secretary shall do the following:
(1) Keep a record of the proceedings of the commission.
(2) Make a record of contracts and obligations.
(3) Furnish each contractor with a copy of the contractor'scontract that:
(A) is endorsed "approved by order of the commission";
(B) lists the date of the approval; and
(C) is signed by the secretary.
A contract is not valid until endorsed and delivered by thesecretary. (4) Certify all vouchers ordered by the commission.
(5) Keep a set of books to show the financial condition of thecommission.
(6) Make quarterly statements as provided in this chapter of thecosts and expenditures of the commission, a complete list ofvouchers, and for what purpose and to whom paid. The reportsshall be filed with the auditor of state as provided in thischapter and are open to the inspection and use of the generalassembly.
(c) The secretary shall give a bond in the sum of ten thousanddollars ($10,000) for the faithful performance of the secretary'sduties.
(d) The contracts for any purpose connected with the IndianaWorld War Memorial shall be recorded by the secretary in a bookkept for that purpose. The secretary shall retain on file all vouchersand other valuable papers of value to the commission, to thecontractor, and to the public.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-9
Superintendent; bond
Sec. 9. (a) The commission may employ a superintendent.
(b) The superintendent shall give bond in an amount and withsurety to be approved by the commission.
(c) The superintendent's duties and compensation shall beprescribed by the commission.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-10
Care and preservation of personal property of commission
Sec. 10. (a) The commission shall employ an individual who isresponsible for the care and preservation of all personal propertyowned by the commission that has historic significance.
(b) The individual employed by the commission under subsection(a) must meet the qualifications set by the division of state museumsand historic sites of the department of natural resources.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-11
Commission duties
Sec. 11. (a) The commission shall do the following:
(1) Keep a record of the commission's proceedings.
(2) Make a quarterly report for public use that includes thefollowing:
(A) A detailed account of the expenditures of thecommission.
(B) A summary of the commission's proceedings thatincludes:
(i) a statement of all contracts let;
(ii) the name of the person to whom the contracts were let;
and
(iii) the amount of each contract.
(b) The report required under subsection (a) must be filed with theauditor of state.
(c) Reports created and filed under this section are public records.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-12
Rulemaking; meetings
Sec. 12. (a) The commission may adopt rules that set forth:
(1) the time, place, and method of calling and conductingmeetings; and
(2) the manner and method of the conduct of business,including:
(A) the government and regulation of the commission'semployees; and
(B) the management of the ground and premises under thecommission's care and control;
as the commission considers prudent and not inconsistent with thischapter and other statutes.
(b) The commission shall meet at the call of the commission'spresident or at the time set forth in the commission's rules. Amajority of the members constitutes a quorum for the transaction ofbusiness. However, all official action of the commission must receivethe approval in a meeting of a majority of all the members of thecommission.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-13
Preservation of battle flags
Sec. 13. (a) The commission shall designate one (1) of itsmembers to do the following:
(1) Assume general charge of and preserve all Indiana battleflags.
(2) Have custody of all battle and organization flags in thepossession of the state that were used by any of the militaryorganizations of the state:
(A) in any of the wars or campaigns in which the UnitedStates has been engaged; and
(B) in which Indiana veterans have participated.
(3) In the preservation of the battle flags, as far as possible, seethat the name and the branch of service in which theorganization served are attached to or preserved with the flag.
(4) Collect data in reference to each organization or militaryunit whose flag is in the possession of the commission andplace the data with the flag or banner of each of theorganizations or military units.
(b) The commission shall do the following:
(1) Collect Indiana battle flags not in the possession of the statefrom the United States, patriotic societies, or individuals. (2) Reinforce, collect the data for, and otherwise prepare allbattle flags for preservation.
(3) Collect, systematize, and prepare a brief history of each flagand index and catalogue each flag.
(4) Collect, purchase, and procure all necessary materials forthe preservation of the flags.
(5) For the purpose of collecting and preparing the necessarydata, reinforcing the flags, and performing other duties requiredby this chapter:
(A) with the approval of the budget agency, employ and fixthe compensation of employees as may be necessary; and
(B) purchase material of any character that is required incarrying out this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-14
Civil War flags fund
Sec. 14. (a) The Civil War flags fund is established to restore andpreserve Civil War flags.
(b) The commission:
(1) shall administer the fund; and
(2) may spend the money in the fund for the purposes of thefund.
(c) The expenses of administering the fund shall be paid frommoney in the fund.
(d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
(e) All money accruing to the fund is appropriated continuouslyfor the purposes of the fund.
(f) Money in the fund at the end of a fiscal year does not revert tothe state general fund.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-15
Flag preservation cases
Sec. 15. (a) All flag cases completed shall be in the custody of thecommission. The superintendent shall have the cases cleanedperiodically as necessary.
(b) The commission may determine the method and manner inwhich the flags shall be preserved.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-16
Indiana war memorial location; name; limitation on character andheight of buildings in vicinity
Sec. 16. (a) Out-lot five (5) and out-lot thirty-six (36), inIndianapolis, according to the original plat of the city, are dedicatedand set apart as grounds for the Indiana War Memorial subject to the
provisions of this chapter.
(b) Out-lots five (5) and thirty-six (36) dedicated in subsection (a),together with all or any part of squares five (5) and sixteen (16) orany part of those squares, in Indianapolis, according to the originalplat of the city, that are acquired, dedicated, and set apart and addedto the real estate dedicated in subsection (a) by:
(1) the state; or
(2) Indianapolis, by Marion County, or Indianapolis and MarionCounty jointly and then conveyed by the city, county, or cityand county jointly by proper deed, grant, or contract to the state;
for War Memorial and other public purposes constitutes and shall bereferred to as "Memorial Place". The permanent name of "MemorialPlace" shall be selected by the commission.
(c) A necessity is declared to exist to limit:
(1) the kind, character, and height of buildings upon; and
(2) the use of real estate and buildings that are located withinthree hundred (300) feet of the outside boundaries of;
Memorial Place as constituted in this chapter. The commission mayacquire, by purchase, donation, or condemnation, the right to limitthe kind, character, and height of buildings upon and the use of realestate and buildings on real estate within three hundred (300) feet ofthe outside boundaries of Memorial Place.
(d) The commission shall erect and maintain in Indianapolis, uponor within grounds dedicated or acquired under this chapter, as thecommission considers best, a suitable structure or structures:
(1) to commemorate the valor and sacrifice of the soldiers,sailors, and marines of the United States and of all others whorendered faithful, loyal, heroic, and self-sacrificing service athome and overseas in World War I;
(2) to provide a place or places of meeting and headquarters fororganizations of soldiers, sailors, and marines or any otherpatriotic societies or associations;
(3) to keep records, archives, documents, flags, mementos, andrelics; and
(4) for other public meetings and other public purposes;
to inculcate a true understanding and appreciation of the duties,benefits, and privileges of American citizenship and inspirepatriotism and respect for the law to the end that peace may prevail,good will be promoted, justice be administered and established,public order maintained, and liberty and freedom under the lawperpetuated.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-17
Conveyance of real estate; public park
Sec. 17. (a) If squares five (5) and sixteen (16) or any part ofthose squares in Indianapolis, according to the original plat of thecity, are acquired, dedicated, and set apart and added to the realestate dedicated in this chapter by the state for war memorial andother public purposes by Indianapolis, by Marion County, or by the
city and county jointly by proper deed, contract, or grant, by whichthe city or county, or the city and county jointly, convey the realestate or any part of the real estate to the state for war memorial andother public purposes, the commission may accept from the city, thecounty, or the city and county jointly the deed, grant, or contract bywhich the real estate or any part of the real estate is conveyed to thestate for war memorial and other public purposes, subject to theterms, conditions, and provisions contained in the deed, grant, orcontract.
(b) The commission may agree that, to the extent that the city, thecounty, or the city and county jointly appropriate and use money inthe acquisition of the real estate or any part of the real estate, the realestate and interests in the real estate and the memorial structureserected on the real estate (to the extent of the money so appropriatedand used by the city, by the county, or by the county and city jointly)shall be a city war memorial, a county war memorial, or a joint warmemorial.
(c) If the real estate or any part of the real estate is acquired andconveyed to the state, the commission may erect structures on outlotsfive (5) and thirty-six (36) dedicated in this chapter or upon any partof the real estate so dedicated or acquired as provided in this chapteras the commission considers best.
(d) The commission shall develop any part or all of the real estatedescribed in this chapter that has been dedicated or acquired asprovided in this chapter as a memorial place, together with squaretwenty-five (25), known as University Square in Indianapolis,according to the original plat of the city, to secure a harmonious andunified architectural and aesthetic effect of the entire series ofgrounds used and dedicated for memorial purposes. The groundsmust include square twenty-five (25), known as University Square,which shall be and constitute a part of the memorial park, and shallbe used as a public park.
(e) The commission may sell buildings and improvements situatedon outlots five (5) and sixteen (16) when they come under thecommission's jurisdiction, custody, and control or remove thebuildings and improvements as the commission considers best. Thecommission may contract with Indianapolis, with Marion County, orwith the county and city jointly, concerning the use and rents of thebuildings and improvements on squares five (5) and sixteen (16)until it is necessary to remove the buildings for the purpose oferecting the memorial structure or structures. The commission maycontract with the city or county or the city and county jointly withreference to the sale of buildings and improvements upon the realestate that may be acquired and conveyed to the state by the city orcounty or by the city and county jointly for War Memorial and otherpublic purposes. The contracts must provide how the proceeds fromthe rent or sale of buildings and improvements shall be applied.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-18 Commission powers
Sec. 18. The commission may do the following:
(1) Make and execute contracts and other instruments that maybe required in connection with the erection and maintenance ofa suitable structure or structures upon or within MemorialPlace.
(2) Adopt rules for the following:
(A) The proper management, government, and use ofMemorial Place and the structures situated on MemorialPlace.
(B) The government of employees.
(3) Acquire by condemnation the right to limit the kind,character, and height of buildings upon and the use of realestate or buildings located within three hundred (300) feet ofthe outside boundaries.
(4) Adopt reasonable rules as are proper to limit the kind,character, and height of buildings located or erected withinthree hundred (300) feet of the outside boundaries of MemorialPlace and the use of the buildings or real estate. A buildingconstructed or maintained or business conducted in violation ofany rule may be abated as a nuisance in an action begun andprosecuted by the commission.
(5) Receive donations, gifts, devises, and bequests and use themin connection with the purposes of this chapter.
(6) Establish a nonprofit corporation to do the following:
(A) Promote public support for the purposes of thecommission and this chapter.
(B) Preserve and promote the historical and educationalactivities of the commission.
(C) Operate for the benefit of the purposes of thecommission and this chapter.
The corporation is subject to audit by the state board ofaccounts as if it were a state agency.
(7) Transfer money donated to the commission for the purposesdescribed in subdivision (6) to a corporation established undersubdivision (6).
(8) Transfer:
(A) artifacts;
(B) images; or
(C) documents of cultural heritage, historical, or museumrelevance;
under the commission's control to a corporation establishedunder subdivision (6) without complying with IC 5-22-21 andIC 5-22-22.
As added by P.L.2-2003, SEC.9. Amended by P.L.17-2005, SEC.1.
IC 10-18-1-19
Monument Circle
Sec. 19. (a) The grounds that belong to the state in Indianapolis:
(1) designated in the Constitution of the State of Indiana as
Governor's Circle;
(2) later called "Circle Park"; and
(3) known and designated as "Monument Place";
shall be known and designated as "Monument Circle".
(b) All written instruments and all laws that relate to the groundsdescribed in subsection (a) in statutes are effective for the purposeintended when the grounds are described and designated asMonument Circle.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-20
Rules for government of Monument Circle
Sec. 20. The commission shall adopt rules for the government ofthe monument and Monument Circle. The rules are binding andeffective when approved by the governor.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-21
Soldier's and Sailor's Monument employees and superintendent
Sec. 21. (a) The commission:
(1) has general control of the State Soldiers' and Sailors'Monument Circle; and
(2) may employ a superintendent.
(b) The superintendent may, with the advice and consent of thecommission, appoint engineers, elevator operators, electricians, andwatchmen as are actually required, all of whom are subject toremoval at any time by the commission for any reason satisfactory tothe commission.
(c) The superintendent:
(1) has direct charge and supervision of the monument andMonument Circle, subject to the orders of the commission; and
(2) may require watchmen to act as elevator operators andelevator operators to act as watchmen.
(d) The superintendent and the engineers, watchmen, and elevatoroperators have police powers with all powers of a constable.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-22
Superintendent; financial duties
Sec. 22. (a) The superintendent shall execute a bond in the penalsum of five thousand dollars ($5,000), to be approved by thecommission.
(b) The superintendent shall:
(1) on the first day of each month, make a sworn statement tothe auditor of state of all receipts and expenditures, withvouchers attached for the preceding month, on account of themonument; and
(2) at the same time, pay over to the treasurer of state all moneyreceived by the superintendent from all sources in the operationof the monument for the preceding month.The auditor of state shall draw a warrant on the treasurer of state,payable to the superintendent, engineers, elevator operators, andwatchmen, for the amounts due them as salaries and to thesuperintendent for a total of expenditures other than salaries incurredin the management of the monument and Monument Circle as shownby the vouchers.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-23
Perpetual maintenance
Sec. 23. The Soldiers' and Sailors' Monument and all approachesto the monument and all surroundings belonging to the state shall bemaintained perpetually and inviolate for the purpose originallydesigned.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-24
Desecration
Sec. 24. A person may not desecrate the Soldiers' and Sailors'Monument in Indianapolis, the street known as Monument Circle, orany of the premises or approaches surrounding the monument bybuilding a wall, fence, or other obstruction in or about the premises,approaches, or street known as Monument Circle surrounding themonument:
(1) to sell or offer to sell any article of merchandise;
(2) to have or to hold any show, carnival, circus, or masquerade;
(3) to maintain any tent or building in or about the street,premises, or approaches;
(4) to hold a political meeting;
(5) to in any way obstruct the view or approaches to the street,or premises; or
(6) to use the premises, street, or approaches;
for purposes other than those intended in this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-25
Intentional damage; penalty
Sec. 25. A person who intentionally damages or removes any ofthe property of the state on Monument Circle is liable for thepayment of a penalty not less than twice the sum necessary to repairthe damage or restore the lost property. The penalty may be collectedby the commission in a civil action.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-26
Souvenirs; fund
Sec. 26. (a) The commission may do the following:
(1) Make or sell the following:
(A) Pictures, models, books, and other representations of themonuments and grounds. (B) Souvenirs.
(2) Establish and maintain souvenir shops on property that thecommission manages.
(3) Hire and pay salaries for full-time or part-time employeesfor the souvenir shops.
(4) Contract with a nonprofit organization or corporation for thecontinuous management of the souvenir shops.
(5) Report annually to the governor on the activities, revenues,expenditures, and profits of the souvenir shops.
(b) Notwithstanding section 27 of this chapter, the followingapply to the profits from souvenir shop sales:
(1) The souvenir shop fund is established. The souvenir shopfund shall be administered by the commission.
(2) Profits from the sales at souvenir shops established undersubsection (a) shall be deposited in the souvenir shop fund.
(3) The treasurer of state shall invest the money in the souvenirshop fund not currently needed to meet the obligations of thefund in the same manner as other public funds may be invested.
(4) The expenses of administering the souvenir shop fund shallbe paid from money in the fund.
(5) The commission may spend the money in the souvenir shopfund for the following purposes:
(A) Maintenance or repair of properties managed by thecommission.
(B) Maintenance, repair, and acquisition of the following:
(i) Battle flags.
(ii) Appropriate artifacts.
(iii) Appropriate memorabilia.
(6) All money accruing to the souvenir shop fund isappropriated continuously for the purposes listed in subdivision(5).
(7) Money in the souvenir shop fund at the end of a state fiscalyear does not revert to the state general fund.
(c) A person may not make or sell pictures, models, books, orother representations of the monuments or grounds unless the personis authorized to do so by the commission.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-27
Funds for restoration and repair
Sec. 27. Money recovered or accrued under this chapter shall beused:
(1) to keep:
(A) the State Soldiers' and Sailors' Monument and subsidiarymonuments; or
(B) the Monument Circle and its decorations andimprovements;
in repair; and
(2) to restore any parts of the monuments or the MonumentCircle that have been broken, destroyed, removed, or injured.As added by P.L.2-2003, SEC.9.
IC 10-18-1-28
Superintendent and employees; powers of arrest
Sec. 28. The superintendent of the State Soldiers' and Sailors'Monument and of Monument Circle and those serving under thesuperintendent who are appointed by the commission have policepowers and may make arrests or do other things as may be needed toenforce the laws for the protection and care of the monuments andMonument Circle.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-29
Use of commission structures for public purposes
Sec. 29. The commission may grant the use for public purposes ofany structures or any parts of structures erected by the commissionunder this chapter without rent or charge or for only a nominal rental:
(1) to any organizations of soldiers, sailors, and marines andothers as a place for their meeting and headquarters and for thekeeping of records, archives, documents, flags, mementos, andrelics; and
(2) for other public meetings and other public purposes notinconsistent with the purpose of this chapter;
for the time and upon the terms and conditions as the commissiondetermines.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-30
Contracts; notice; competitive bidding
Sec. 30. (a) The commission may not enter into a contract for:
(1) the purchase or sale of property, material, or supplies; or
(2) the performance of work or labor, except for salaries ofemployees;
if the work and labor or materials and supplies cost more than tenthousand dollars ($10,000) without first giving notice of its intentionto purchase or sell the materials or supplies or to contract for thework or labor by publication in a newspaper of general circulationprinted and published in the English language in Indianapolis for two(2) successive weeks before the time fixed for the letting of thecontract or the sale of the property.
(b) A contract under this section must be in writing. The othercontracting party shall furnish bond for the faithful performance ofthe contract in an amount fixed by the commission and with suretyto the commission's approval, conditioned upon the faithfulperformance of the contract. However, if the commission decides topurchase a patented article or material or an article or material of aspecial type, character, or design of construction or make that maybe purchased from only one (1) person, firm, limited liabilitycompany, or corporation, their agents or representatives, or for whichthere is a fixed, standard price, the commission is not required to take
or receive competitive bids. However, the commission shall publishin the manner set forth under subsection (a) the number and characterof the article or kind and quality of material proposed to bepurchased, the unit price, and the total sum to be paid.
(c) A contract made in violation of this section is void.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-31
War Memorial fund
Sec. 31. (a) The Indiana War Memorial fund:
(1) is subject to the laws of this state that concern the depositsand safekeeping of public funds; and
(2) shall be deposited under the advisory supervision of thestate board of finance in the same way and manner and at thesame rate of interest and under the same restriction as statefunds.
(b) Interest that accrues to the fund shall be added to and becomea part of the Indiana War Memorial fund.
(c) The Indiana War Memorial fund and the accounts of eachpublic officer, employee, or person entrusted by law with the raising,disposition, or expenditure of the fund or any part of the fund aresubject to the same penalties and the same provisions for publicity asare provided by law for state funds and state officers.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-32
Contract for additional structures
Sec. 32. The commission, with the approval of the governor, maylet a contract for the erection of additional structures on the site ofthe Indiana World War Memorial, in accordance with plans andspecifications adopted by the commission, with the approval of thegovernor, to any competent and reliable contractor.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-33
Commemoration of those who served in World War II and KoreanConflict
Sec. 33. (a) The commission shall commemorate the valor ofthose loyal citizens of this state who served with the armed forces ofthe United States during World War II and the Korean Conflict byplacing their names in the archives of the World War Memoriallocated at Indianapolis.
(b) The names must be placed in the archives in the same manneras those honored by Indiana who served in World War I.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-34
Commemoration of those who served in Vietnam
Sec. 34. (a) The commission shall commemorate the valor ofthose loyal citizens of Indiana who served with the armed forces of
the United States during the Vietnam conflict by placing their namesin the archives of the World War Memorial located at Indianapolis.
(b) The names must be placed in the archives in the same manneras those honored by Indiana who served in World War I, World WarII, and the Korean Conflict.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-35
Injunctions; enforcement of chapter; taxes
Sec. 35. A suit to enjoin the enforcement of this chapter or toprevent the levy or collection of taxes under this chapter may not becommenced.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-36
Tax exemption
Sec. 36. All property of every nature and kind constituting amemorial or used in connection with a memorial is exempt fromtaxation for all purposes.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-37
Violations
Sec. 37. Except as otherwise provided in this chapter, a personwho violates this chapter commits a Class B infraction.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-38
Pecuniary interest of members and employees; offense
Sec. 38. It is a Class D felony for a member of the commission orthe architect, secretary, superintendent, or any other person in theemploy of the commission to:
(1) knowingly be interested in or derive any profit from anycontract, employment, or purchase connected with the IndianaWorld War Memorial or with any action of the commission; or
(2) knowingly be interested in any claim against thecommission or the state growing out of the erection ormaintenance of the Indiana World War Memorial;
other than for the compensation for their services or for theirexpenses as provided in this chapter.
As added by P.L.2-2003, SEC.9.