CHAPTER 13. CULTURAL INSTITUTIONS
IC 36-10-13
Chapter 13. Cultural Institutions
IC 36-10-13-1
"Art association"
Sec. 1. As used in this chapter, "art association" means a nonprofitcorporation organized under Indiana law to:
(1) maintain a permanent art gallery; and
(2) promote education in the fine and industrial arts;
that owns, possesses, or maintains property for those purposes.
As added by P.L.1-2005, SEC.48.
IC 36-10-13-2
"Cultural institution"
Sec. 2. As used in this chapter, "cultural institution" means ahistorical society, an art association, or other nonprofit corporationorganized under Indiana law to further the cultural development ofthe public.
As added by P.L.1-2005, SEC.48.
IC 36-10-13-3
"Historical society"
Sec. 3. As used in this chapter, "historical society" means anonprofit corporation organized under Indiana law to:
(1) maintain a permanent historical museum; and
(2) promote a knowledge of local ancestral heritage and custom;
that owns, possesses, or maintains property for those purposes.
As added by P.L.1-2005, SEC.48.
IC 36-10-13-4
School corporations in certain counties; appropriation forhistorical society authorized
Sec. 4. (a) This section does not apply to a school corporation ina county having a population of more than two hundred thousand(200,000) but less than three hundred thousand (300,000).
(b) The governing body of a school corporation may annuallyappropriate, from the school corporation's general fund, a sum of notmore than five-tenths of one cent ($0.005) on each one hundreddollars ($100) of assessed valuation in the school corporation to bepaid to a historical society, subject to section 6 of this chapter.
As added by P.L.1-2005, SEC.48.
IC 36-10-13-5
School corporations in certain counties; tax levy; historical societyfund; appropriation for historical society authorized
Sec. 5. (a) This section applies only to a school corporation in acounty having a population of more than two hundred thousand(200,000) but less than three hundred thousand (300,000).
(b) To provide funding for a historical society under this section,the governing body of a school corporation may impose a tax of not
more than five-tenths of one cent ($0.005) on each one hundreddollars ($100) of assessed valuation in the school corporation.
(c) The school corporation shall deposit the proceeds of the tax ina fund to be known as the historical society fund. The historicalsociety fund is separate and distinct from the school corporation'sgeneral fund and may be used only to provide funds for a historicalsociety under this section.
(d) Subject to section 6 of this chapter, the governing body of theschool corporation may annually appropriate the money in the fundto be paid in semiannual installments to a historical society havingfacilities in the county.
As added by P.L.1-2005, SEC.48. Amended by P.L.2-2006, SEC.195;P.L.146-2008, SEC.798.
IC 36-10-13-6
Prerequisites for receipt of payment
Sec. 6. Before a historical society may receive payments undersections 4 and 5 of this chapter, the historical society's governingboard must adopt a resolution that entitles:
(1) the governing body of the school corporation to appoint theschool corporation's superintendent and one (1) history teacheras visitors who may attend all meetings of the society'sgoverning board;
(2) the governing body of the school corporation to nominatetwo (2) individuals for membership on the society's governingboard;
(3) the school corporation to use the society's facilities andequipment for educational purposes consistent with the society'spurposes;
(4) the students and teachers of the school corporation to tourthe society's museum, if any, free of charge; and
(5) the school corporation to borrow artifacts from the society'scollection, if any, for temporary exhibit in the schools.
As added by P.L.1-2005, SEC.48.
IC 36-10-13-7
School corporations in certain counties; tax levy; art associationfund; appropriation for art association authorized; prerequisitesfor receipt of payments
Sec. 7. (a) This section applies to school corporations in a countycontaining a city having a population of:
(1) more than one hundred fifty thousand (150,000) but lessthan five hundred thousand (500,000);
(2) more than one hundred twenty thousand (120,000) but lessthan one hundred fifty thousand (150,000);
(3) more than ninety thousand (90,000) but less than onehundred five thousand (105,000);
(4) more than one hundred five thousand (105,000) but less thanone hundred twenty thousand (120,000); or
(5) more than seventy-five thousand (75,000) but less than
ninety thousand (90,000).
(b) To provide funding for an art association under this section,the governing body of a school corporation may impose a tax of notmore than five-tenths of one cent ($0.005) on each one hundreddollars ($100) of assessed valuation in the school corporation.
(c) The school corporation shall deposit the proceeds of the taximposed under subsection (b) in a fund to be known as the artassociation fund. The art association fund is separate and distinctfrom the school corporation's general fund and may be used only toprovide funds for an art association under this section. The governingbody of the school corporation may annually appropriate the moneyin the fund to be paid in semiannual installments to an art associationhaving facilities in a city that is described in subsection (a), subjectto subsection (d).
(d) Before an art association may receive payments under thissection, the association's governing board must adopt a resolutionthat entitles:
(1) the governing body of the school corporation to appoint theschool corporation's superintendent and director of artinstruction as visitors who may attend all meetings of theassociation's governing board;
(2) the governing body of the school corporation to nominateindividuals for membership on the association's governingboard, with at least two (2) of the nominees to be elected;
(3) the school corporation to use the association's facilities andequipment for educational purposes consistent with theassociation's purposes;
(4) the students and teachers of the school corporation to tourthe association's museum and galleries free of charge;
(5) the school corporation to borrow materials from theassociation for temporary exhibit in the schools;
(6) the teachers of the school corporation to receive normalinstruction in the fine and applied arts at half the regular ratescharged by the association; and
(7) the school corporation to expect exhibits in the association'smuseum that will supplement the work of the students andteachers of the corporation.
A copy of the resolution, certified by the president and secretary ofthe association, must be filed in the office of the school corporationbefore payments may be received.
(e) A resolution filed under subsection (d) is not required to berenewed annually. The resolution continues in effect until rescinded.An art association that complies with this section is entitled tocontinue to receive payments under this section as long as the artassociation complies with the resolution.
(f) If more than one (1) art association in a city that is describedin subsection (a) qualifies to receive payments under this section, thegoverning body of the school corporation shall select the one (1) artassociation best qualified to perform the services described insubsection (d). A school corporation may select only one (1) art
association to receive payments under this section.
As added by P.L.1-2005, SEC.48. Amended by P.L.2-2006, SEC.196;P.L.146-2008, SEC.799.
IC 36-10-13-8
School corporations in certain counties; appropriation for culturalinstitution authorized; prerequisites for receipt of payments
Sec. 8. (a) This section applies to school corporations in a county:
(1) containing a consolidated city; or
(2) having a population of more than four hundred thousand(400,000) but less than seven hundred thousand (700,000).
(b) Subject to subsection (c), the governing body of a schoolcorporation may annually appropriate sums to be paid to culturalinstitutions that are reasonably commensurate with the educationaland cultural contributions made by the institutions to the schoolcorporation and the school corporation's students.
(c) Before a cultural institution may receive payments under thissection, the president and secretary of the cultural institution mustfile with the school corporation an affidavit stating that the culturalinstitution meets the following requirements:
(1) The governing board has adopted a resolution that entitlesa representative of the school corporation to attend and speak atall meetings of the governing body.
(2) The cultural institution:
(A) admits the public to galleries, museums, and facilities atreasonable times and allows public use of those facilitiesfree of charge; or
(B) provides alternative services free of charge to the publicinstead of admission to those facilities.
The governing body of the school corporation shall judgewhether the alternative services are conducive to the educationor cultural development of the public.
(3) The cultural institution has a permanent location in themunicipality where the cultural institution conducts the culturalinstitution's principal educational or cultural purpose.
(4) The cultural institution has no general taxing authority.
The affidavit must be filed at least thirty (30) days before a requestfor an appropriation under this section.
(d) A cultural institution that complies with this section maycontinue to receive payments under this section as long as the schoolcorporation appropriates sums for that purpose.
As added by P.L.1-2005, SEC.48.