CHAPTER 1. DIVISION OF STATE MUSEUMS AND HISTORIC SITES
IC 14-20
ARTICLE 20. STATE MUSEUMS AND HISTORICSITES
IC 14-20-1
Chapter 1. Division of State Museums and Historic Sites
IC 14-20-1-1
Applicability of chapter
Sec. 1. This chapter does not apply to the property described byActs 1976, P.L.158.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-1.5
State museum development fund
Sec. 1.5. (a) The state museum development fund is establishedfor the purpose of promoting interest in and use of the Indiana statemuseum.
(b) The state museum development fund shall be administered bythe department or an entity designated by the department. The statemuseum development fund consists of revenue generated by exhibitfees, concessions, donations, grants, and other miscellaneousrevenue. Money in the state museum development fund at the end ofa state fiscal year does not revert to the state general fund.
(c) The balance of the state museum development fund iscontinuously appropriated and may be used at the request of thedepartment with the approval of the budget agency after review bythe budget committee.
As added by P.L.291-2001, SEC.88. Amended by P.L.66-2008,SEC.4.
IC 14-20-1-2
"Division" defined
Sec. 2. As used in this chapter, "division" refers to the division ofstate museums and historic sites.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-2.5
"Foundation" defined
Sec. 2.5. As used in this chapter, "foundation" refers to:
(1) the Indiana state museum foundation; or
(2) another nonprofit organization established to promote:
(A) interest in; and
(B) the use of;
the Indiana state museum system.
As added by P.L.66-2008, SEC.5.
IC 14-20-1-3
"Fund" defined
Sec. 3. As used in this chapter, "fund" refers to the state museum
acquisition fund established by this chapter.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-4
"Political subdivision" defined
Sec. 4. As used in this chapter, "political subdivision" has themeaning set forth in IC 34-4-16.5-2.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-5
"State agency" defined
Sec. 5. As used in this chapter, "state agency" has the meaning setforth in IC 34-4-16.5-2.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-6
"Trustees" defined
Sec. 6. As used in this chapter, "trustees" refers to the board oftrustees for the division of state museums and historic sitesestablished by this chapter.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-7
Administration and development of programs and policies
Sec. 7. The division of state museums and historic sites shalladminister and develop the programs and policies established by thischapter.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-8
Division's sections
Sec. 8. (a) The division consists of the following two (2) sections:
(1) The section of museums.
(2) The section of historic sites.
(b) There must be a separate line item for each section of thedivision in each bill appropriating money to the division.
As added by P.L.1-1995, SEC.13. Amended by P.L.66-2008, SEC.6.
IC 14-20-1-9
General powers of division
Sec. 9. The division may do the following:
(1) Undertake the action necessary to qualify the state forparticipation in sources of federal aid to preserve historicproperty, materials, items, sites, and memorials.
(2) Provide information on historic property, materials, items,sites, and memorials within Indiana to federal, state, and localgovernmental agencies, private individuals, and organizations.
(3) Advise and coordinate the activities of local historicalassociations, historic district commissions, historiccommissions, and other interested groups or persons. (4) Provide technical and financial assistance to local historicalassociations, historic district commissions, historiccommissions, and other interested groups or persons.
(5) Develop a program of interpretation and publication of thestate's historical, architectural, and archeological resources.
(6) Collect and preserve objects of scientific and cultural valuerepresenting past and present flora and fauna, the life and workof man, geological history, natural resources, the manufacturingarts, and fine arts.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-10
Duties of section of museums
Sec. 10. The section of museums shall do the following:
(1) Collect, preserve, and interpret artifacts and materialsreflecting the cultural and natural history of Indiana.
(2) Prepare and maintain a statewide inventory of these artifactsand materials.
(3) Assist other museums within Indiana to meet the criteria ofmuseum accreditation.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-11
Duties of section of historic sites
Sec. 11. The section of historic sites shall do the following:
(1) Establish standards and criteria for the acquisition ofhistoric properties and for the preservation, restoration,administration, and operation of the sites and structuresacquired.
(2) Acquire by purchase, lease, or gift appropriate historic sitesand historic structures.
(3) Operate and administer those historic sites and historicstructures owned or acquired by the state in accordance withthis chapter.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-12
Conveyance or lease of property
Sec. 12. (a) The department may convey or lease propertyacquired under this chapter:
(1) back to the original owner of the property; or
(2) to any other person under a contractual arrangement thatwill limit the future use of the property and ensure thepreservation of the property.
(b) A historic property that is:
(1) conveyed under this section; or
(2) leased under this chapter;
is subject to rights of access, public visitation, and other conditionsof operation established by the department.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-13
Lease of historic property; authority; contents; term
Sec. 13. (a) The department may negotiate and execute a lease ofhistoric property under this section to:
(1) a political subdivision;
(2) a state agency;
(3) a for profit or nonprofit organization; or
(4) any other person;
if the department determines that the lease is in the best interests ofthe citizens of Indiana.
(b) A lease of historic property executed under this section mustset forth the following:
(1) A description of the property subject to the lease.
(2) The term of the lease.
(3) A requirement that complete plans and specifications besubmitted to the department for review and written approvalbefore any construction begins on the property.
(4) Terms of the payment of rent for the property.
(5) A requirement that facilities on the property be available tothe public without discrimination.
(6) Terms of the disposition of:
(A) the property; and
(B) improvements on the property;
at the termination of the lease.
(c) This section does not require that the property subject to alease be surveyed.
(d) The term of a lease executed under this section may notexceed twenty-five (25) years. However, the lease may provide forthe renewal of the lease at the option of the parties for one (1) or two(2) periods. A renewal period may not exceed ten (10) years.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-14
Lease of historic property; statement of intent; proposals; leaseagreement
Sec. 14. (a) This section applies to the negotiation and executionof a lease of historical property on which the department desirescertain facilities to be provided. However, this section does not applyto a lease of historic property to:
(1) a political subdivision; or
(2) a state agency.
(b) The department shall prepare and publicize throughappropriate media a statement of intent that does the following:
(1) Describes the facilities that the department desires to beprovided on the historic property.
(2) Sets forth a procedure for the submission of proposals bypersons proposing to lease the historic property and provide thefacilities.
(c) A statement of intent prepared under subsection (b) mustappear in at least three (3) legal advertisements at ten (10) day
intervals in at least five (5) daily newspapers of wide and generalcirculation in Indiana.
(d) During the sixty (60) days following the publication of thefinal legal advertisement under subsection (c), proposals may besubmitted to the department in response to the statement of intent.The department shall do the following:
(1) Select from the proposals submitted the one (1) proposalthat the department considers most appropriate for thefulfillment of the statement of intent.
(2) Submit the proposal to the trustees and the commission forapproval.
(e) If the proposal is approved in writing by the trustees and thecommission, the department may negotiate a lease agreement withthe party that submitted the proposal. After a lease agreement isentered into and set forth in writing, the department shall submit thelease agreement to the attorney general for review. A leaseagreement that is:
(1) negotiated;
(2) executed by the authorized agents of the state and the lessee;and
(3) approved by the attorney general;
under this section is a binding contract between the state and thelessee.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-15
Adoption of rules
Sec. 15. The director may, with the approval of the commission,adopt rules under IC 4-22-2 to administer this chapter.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-16
Board of trustees
Sec. 16. (a) The board of trustees for the division of statemuseums and historic sites is established.
(b) The trustees consist of thirteen (13) members as follows:
(1) The director of the department, who shall serve as chairman.
(2) Twelve (12) members appointed by the governor as follows:
(A) One (1) member of the Indiana State MuseumFoundation, Inc., nominated by the foundation.
(B) Two (2) members must be recognized supporters ofhistoric sites.
(C) Not more than seven (7) members may be members ofthe same political party.
(D) Not more than two (2) members may be from the samecounty.
(E) Each congressional district in Indiana must berepresented by at least one (1) member.
(c) The terms of the appointed members shall be staggered.
As added by P.L.1-1995, SEC.13. Amended by P.L.66-2008, SEC.7.
IC 14-20-1-17
Term of trustees
Sec. 17. Each appointed member of the trustees:
(1) serves at the pleasure of the governor for a term of three (3)years beginning September 1; and
(2) may not serve more than three (3) consecutive terms.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-18
Filling of vacancies
Sec. 18. A vacancy on the board of trustees shall be filled for theunexpired term in the same manner as for a full term.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-19
Per diem compensation and traveling expenses
Sec. 19. (a) Each member of the trustees who is not a stateemployee is entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). The member is also entitled to reimbursement fortraveling expenses as provided under IC 4-13-1-4 and other expensesactually incurred in connection with the member's duties as providedin the state policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
(b) Each member of the trustees who is a state employee isentitled to reimbursement for traveling expenses as provided underIC 4-13-1-4 and other expenses actually incurred in connection withthe member's duties as provided in the state policies and proceduresestablished by the Indiana department of administration andapproved by the budget agency.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-20
Vice chairman and secretary
Sec. 20. The trustees shall select a vice chairman from theirmembership for a term of one (1) year expiring September 1following the selection. The division director is the secretary of thetrustees.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-21
Quorum
Sec. 21. Seven (7) members of the trustees constitute a quorum.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-22
Duties of trustees
Sec. 22. The trustees shall do the following:
(1) Nominate, when the position of division director is vacant,a person to be appointed by the director to that position. If thedirector rejects a nominee's appointment, the trustees shall
nominate another person.
(2) Recommend, when appropriate, the dismissal of a divisiondirector.
(3) Make recommendations concerning the salary ranges of theadministrative, professional, and technical staff of the division.
(4) Review the budget needs and requests of the division andmake recommendations concerning the needs and requests tothe governor through the director.
(5) Recommend that the department accept or reject, hold, ordispose of grants of property to be administered by the divisionfor the purpose of preservation, research, or interpretation ofsignificant areas, events, or grants to citizens of Indiana for thepurpose of preserving, studying, and interpreting archeologicaland natural phenomena, cultural trends, and accomplishments.
(6) Review, guide, and assist in the development of statewideoutreach programs.
(7) Review, guide, and assist in the development ofprofessionalism of the staff and operations.
(8) Review, recommend, and devise methods to enable thedivision to do the following:
(1) Increase the division's physical plant.
(2) Expand the educational areas.
(3) Meet storage needs.
(9) Develop a plan of growth to meet physical, program, andfinancial needs for both the immediate and long range future,monitor the plan at regular intervals, and ensure that theinstitution stays within the developed plan.
(10) Recommend policies, procedures, and practices that thecommission, the director, and the secretary shall consider.
(11) Give advice or make recommendations to the governor andthe general assembly when requested or on the initiative of thetrustees.
(12) Review the conduct of the work of the division. Toimplement this duty, the trustees have access at any reasonabletime to copies of all records pertaining to the work of thedivision.
(13) Adopt bylaws consistent with this chapter for the division'sinternal control and management and file a copy of the bylawswith the director.
(14) Hold meetings at the times and places in Indiana that areprescribed by the bylaws, but at least quarterly.
(15) Keep minutes of the transactions of each regular andspecial meeting and file the minutes with the director. Theminutes are public records.
(16) Promote the welfare of the division.
(17) Make recommendations concerning the administration ofthe fund established by section 24 of this chapter.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-23 Gifts of historic property; sale or exchange of artifacts or historicproperty
Sec. 23. (a) The commission may, on recommendation of thetrustees, accept or refuse to accept an offered gift of historic propertythat would be administered by the department.
(b) The commission may, on recommendation of the trustees, sell,lease, or exchange historic property administered by the departmentunder IC 4-20.5-7 or IC 5-22-22.
(c) The commission may, on recommendation of the trustees andin accordance with rules adopted by the commission under IC 4-22-2,sell, donate, or exchange artifacts in the museum's collection to orwith other public or nonprofit museums or historical societies.However, the commission may donate an artifact in the museum'scollection to a public or nonprofit museum or historical society underthis subsection only if the museum or historical society is located inIndiana.
(d) The commission may, on recommendation of the trustees,adopt rules under IC 4-22-2 to establish a procedure for evaluatingthe merits of proposals to:
(1) accept gifts of;
(2) sell; or
(3) exchange;
artifacts or historic property.
As added by P.L.1-1995, SEC.13. Amended by P.L.49-1997, SEC.49.
IC 14-20-1-24
Fund
Sec. 24. (a) The state museum acquisition fund is established. Thedivision shall administer the fund.
(b) The following shall be deposited in the fund:
(1) Gifts of money to the fund or the proceeds from the sale ofgifts donated to the fund.
(2) The proceeds from sales or leases under section 23 of thischapter.
(c) 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 money may be invested.
(d) The expenses of administering the fund shall be paid frommoney in the fund.
(e) The division may, on recommendation of the trustees,purchase with money in the fund objects for the state museumcollection. All money accruing to the fund is appropriatedcontinuously for this purpose.
(f) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-24.5
"Museum"; "Governor Frank O'Bannon Great Hall"
Sec. 24.5. (a) As used in this section, "museum" refers to the
Indiana state museum located in the White River State Park inIndianapolis.
(b) The museum's great hall shall be known as the "GovernorFrank O'Bannon Great Hall".
(c) The president and chief operating officer of the museum shallinstall and maintain the following:
(1) Appropriate public signage on and around the museum thatdisplays the name of the great hall.
(2) A plaque located at an appropriate spot in the museumdescribing the highlights of the life and career of GovernorFrank O'Bannon.
As added by P.L.175-2005, SEC.2. Amended by P.L.1-2006,SEC.212.
IC 14-20-1-25
Alteration of historic property prohibited
Sec. 25. A person who:
(1) knowingly; and
(2) without a permit;
alters historic property within the boundaries of property owned orleased by the state commits a Class B misdemeanor.
As added by P.L.1-1995, SEC.13.
IC 14-20-1-26
Management of the state museum, state museum developmentfund, and historic sites
Sec. 26. (a) The department may, by contract, delegate themanagement of the:
(1) Indiana state museum;
(2) state museum development fund; or
(3) historic sites property held and managed by the department;
to the foundation under terms the department considers advisable.
(b) Under a contract entered into under subsection (a), thedepartment may:
(1) provide office facilities and administrative support to thefoundation;
(2) assign department employees to administrative and programduties at the state museum;
(3) act in an advisory capacity for the foundation; and
(4) accept donations on behalf of the foundation.
As added by P.L.66-2008, SEC.8.