CHAPTER 2. INDIANA ARTS COMMISSION
IC 4-23-2
Chapter 2. Indiana Arts Commission
IC 4-23-2-1
Creation; membership; contracts; meetings; quorum
Sec. 1. (a) There is hereby created a commission to be known asthe Indiana arts commission. On and after July 1, 1967, thecommission shall consist of fifteen (15) members who shall beappointed by the governor and shall serve for a term of four (4) yearsand until their successors are appointed and qualified. In event of avacancy, the governor shall appoint a successor to complete theunexpired term.
(b) Insofar as practicable, the members of the commission shall beselected so as to give representation to the various geographical areasof the state and to all fields of the performing and fine arts. Membersshall be selected from among the residents of Indiana who havecompetence, experience, and interest in connection with theperforming and fine arts. In making such appointments, dueconsideration shall be given to any recommendations made byrepresentative civic, educational, and professional associations andgroups concerned with or engaged in the production or presentationof the performing and fine arts.
(c) On or before July 1, 1967, the governor shall appoint five (5)members to serve for a term of one (1) year, five (5) members toserve for a term of two (2) years, and five (5) members to serve fora term of four (4) years. Upon the expiration of the terms of theoriginal members appointed under this subsection, their successorsshall be appointed for terms of four (4) years. A member shall beeligible to succeed himself.
(d) The commission shall each year designate one (1) of itsmembers to serve as the chairman of the commission who shall bethe chief executive officer of the commission, one (1) member toserve as vice chairman who shall act as chairman in the absence orinability to act of the chairman, and one (1) to serve as secretary whoshall be responsible for maintaining records of the proceedings of thecommission.
(e) All contracts, applications for grants, and other documentsshall be executed in the name of the commission either by thechairman of the commission or, when authorized by resolution of thecommission, by the executive director and shall be attested by thesecretary.
(f) Meetings of the commission shall be held at least quarterly andat such other times as may be necessary. All meetings shall be uponcall of the chairman.
(g) The members of the commission shall not be required todevote their full time to their duties, but shall devote such time as isnecessary to carry out their duties under this chapter. The membersof the commission shall serve without pay, but shall be reimbursedfor their reasonable and necessary expenses actually incurred incarrying out their duties. (h) Eight (8) members of the commission shall constitute aquorum for the transaction of the business of the commission. Avacancy in the commission shall not impair the power of a quorumto transact business.
(Formerly: Acts 1965, c.248, s.1; Acts 1967, c.274, s.1.) As amendedby P.L.5-1984, SEC.180.
IC 4-23-2-2
Purposes and duties
Sec. 2. The commission shall have the following purposes andduties:
(a) To stimulate and encourage throughout the state the study andpresentation of the performing and fine arts and public interest andparticipation therein;
(b) To make such surveys as may be deemed advisable of publicand private institutions engaged within the state in artistic andcultural activities, including but not limited to, music, theatre, dance,painting, sculpture, architecture, and allied arts and crafts, and tomake recommendations, concerning appropriate methods toencourage participation in and appreciation of the arts to meet thelegitimate needs and aspirations of persons in all parts of the state;
(c) To take such steps as may be necessary and appropriate toencourage public interest in the cultural heritage of our state and toexpand the state's cultural resources; and
(d) To encourage and assist freedom of artistic expressionessential for the well-being of the arts.
(Formerly: Acts 1965, c.248, s.2; Acts 1967, c.274, s.2.)
IC 4-23-2-3
Powers
Sec. 3. In furtherance of its purposes and duties, the commissionshall have, and may exercise, the following powers:
(a) To employ an executive director and such clerical and otheremployees as may be necessary to carry out its duties;
(b) To adopt, promulgate, amend and rescind such rules andregulations not inconsistent with the provisions of this chapter as itmay deem necessary, acting in accordance with the provisions ofIC 4-22-2;
(c) To hold public hearings;
(d) To enter into contracts, within the limit of funds availabletherefor, with individuals, organizations and institutions for servicesfurthering the objectives of the commission's programs;
(e) To enter into contracts, within the limit of funds availabletherefor, with local and regional not-for-profit corporations orassociations for cooperative endeavors furthering the objectives ofthe commission's program;
(f) To accept gifts, contributions and bequests of funds fromindividuals, foundations, corporations, limited liability companies,and other organizations or institutions;
(g) To apply for, receive and disburse any funds available from
the state or federal government in furtherance of the objectives ofthis chapter and to enter into any agreements which may be requiredby the state or federal government as a condition of obtaining suchfunds;
(h) To make and sign any agreements and to do and perform anyacts that may be necessary to carry out its purposes and duties.
(Formerly: Acts 1965, c.248, s.3; Acts 1967, c.274, s.3.) As amendedby Acts 1977, P.L.39, SEC.1; Acts 1979, P.L.17, SEC.2; P.L.8-1993,SEC.29.
IC 4-23-2-4
Executive director
Sec. 4. The executive director shall be the chief administrativeofficer of the commission. The executive director shall supervise theemployees of the commission and shall assist the commission inpromoting and carrying on its activities and administrative work. Theexecutive director shall not be a member of the commission, but shalldevote his or her full time to the performance of his or her dutiesunder the direction and supervision of the commission. Theexecutive director's compensation shall be fixed by the commissionwith the approval of the budget agency.
The executive director shall be selected for his or her knowledge,competence and experience in the performing and fine arts and in thedevelopment and encouragement thereof through the efforts ofprivate or governmental organizations.
(Formerly: Acts 1965, c.248, s.4; Acts 1967, c.274, s.4.) As amendedby Acts 1977, P.L.39, SEC.2.
IC 4-23-2-5
Offices
Sec. 5. Appropriate office facilities, supplies and equipment shallbe provided for the commission and the executive director and otheremployees of the commission.
(Formerly: Acts 1965, c.248, s.5; Acts 1967, c.274, s.5.)
IC 4-23-2-6
Repealed
(Repealed by P.L.4-1988, SEC.4.)
IC 4-23-2-7
Arts and cultural district certification
Sec. 7. (a) As used in this section, "district" means an areacertified as an arts and cultural district under this section.
(b) As used in this section, "unit" means a city, town, or county.
(c) The commission shall establish an arts and cultural districtcertification program.
(d) To have an area certified as a district, a unit must:
(1) apply to the commission on a form prescribed by thecommission; and
(2) provide any proof the commission determines is necessary
to certify a district.
Two (2) or more units may apply jointly for certification of a districtthat extends across a common boundary.
(e) The commission, after reviewing an application filed by a unitunder subsection (d)(1), may certify an area as a district.
(f) The commission shall adopt rules under IC 4-22-2:
(1) to establish criteria for a unit wishing to have an areacertified as a district; and
(2) that are necessary to carry out this section.
As added by P.L.10-2008, SEC.1.