CHAPTER 7. INDIANA LIBRARY AND HISTORICAL DEPARTMENT
IC 4-23-7
Chapter 7. Indiana Library and Historical Department
IC 4-23-7-1
Creation
Sec. 1. There is hereby created and established a department ofthe state government which shall be known as the Indiana Libraryand Historical Department.
(Formerly: Acts 1925, c.58, s.1.)
IC 4-23-7-2
Board membership; term of office; vacancies
Sec. 2. The management and control of the Indiana library andhistorical department is hereby vested in a board which shall beknown as the Indiana library and historical board, and which shallconsist of five (5) members, who shall be appointed by the governor,as hereinafter provided. In the first instance, one (1) of such membersshall be appointed for a term of one (1) year, one (1) member for aterm of two (2) years, one (1) member for a term of three (3) years,and two (2) members for a term of four (4) years. Thereafter allmembers shall be appointed for terms of four (4) years. No personshall be appointed as a member of the Indiana library and historicalboard unless he is a citizen of high standing and probity and has aknown and active interest in library or historical work. One (1)member of the library and historical board shall be appointed onrecommendation of the state board of education, one (1) membershall be appointed on recommendation of the Indiana library, trusteeassociation, one (1) member shall be appointed on recommendationof the Indiana library association, one (1) member shall be appointedon recommendation of the Indiana historical society, and one (1)member shall be selected and appointed by the governor. Themembers of the board shall serve without compensation, but shall beentitled to receive their actual expenses necessarily incurred inattending the meetings and transacting the business of the board, andin participating in such other activities as may be in the interest ofthe department. Any vacancy which may occur in the membership ofthe board for any cause shall be filled by appointment by thegovernor for the unexpired term, either on recommendation of theboard, association or society hereinbefore authorized to makerecommendations, or by selection by the governor, as hereinbeforeprovided. The board may prepare plans subject to the approval of thegovernor and advise with the proper officials in the construction ofalterations and additions to the building and provide necessaryequipment and furnishings within the appropriations of funds forthese purposes. The board may receive and administer any state orfederal aid which may become available for the improvement anddevelopment of library and historical services in Indiana.
(Formerly: Acts 1925, c.58, s.2; Acts 1947, c.327, s.1; Acts 1967,c.38, s.1.)
IC 4-23-7-2.1
Board; election of officers; executive secretary
Sec. 2.1. (a) The Indiana library and historical board shall electone (1) of its members as president, another as secretary, and suchother officers as it determines, each of whom shall hold office for aterm of one (1) year.
(b) The board may designate the director of the state library or thedirector of the historical bureau as the executive secretary of theboard with duties as prescribed by the board.
As added by Acts 1981, P.L.40, SEC.1.
IC 4-23-7-3
Divisions
Sec. 3. The Indiana library and historical department consists oftwo (2) divisions, the Indiana state library and the Indiana historicalbureau.
(Formerly: Acts 1925, c.58, s.3; Acts 1947, c.327, s.2.) As amendedby Acts 1981, P.L.40, SEC.2.
IC 4-23-7-3.2
Employees; duties among divisions
Sec. 3.2. In perfecting the internal organization of the department,the board may so apportion the duties of the department and of theseveral divisions thereof that like services in the various divisionsmay be performed by the same employee or employees for the entiredepartment.
As added by Acts 1981, P.L.40, SEC.3.
IC 4-23-7-3.5
Political activity; prohibition
Sec. 3.5. No member of the library and historical board nor anydirector or other employee of the department shall directly orindirectly solicit subscription or contribution for any political partyor political purpose, or be forced in any way to make suchcontribution, or be required to participate in any form of politicalactivity.
As added by Acts 1981, P.L.40, SEC.4.
IC 4-23-7-4
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-5
Rules and regulations
Sec. 5. Subject to the provisions of this chapter, the library andhistorical board shall formulate rules and regulations for the care,management, and expansion of the library and historical departmentso that the department and its several divisions may at all times beoperated according to the most approved standards of library andhistorical service.(Formerly: Acts 1925, c.58, s.5.) As amended by P.L.5-1984,SEC.183.
IC 4-23-7-5.2
Gifts, bequests, and devises; acceptance; limitation
Sec. 5.2. The Indiana library and historical board may accept gifts,bequests, and devises of personal and real property for themaintenance, use, or benefit of the Indiana library and historicaldepartment under such terms and conditions and with suchobligations, liabilities, and burdens as in the judgment of the boardand the governor is in the best interest of the Indiana library andhistorical department; however, no obligation, liability, or burdenshall be assumed that is in excess of appropriations made by law forthe payment of such obligations, liabilities, and burdens.
As added by Acts 1981, P.L.40, SEC.5.
IC 4-23-7-5.3
Disposition of library materials
Sec. 5.3. (a) The Indiana library and historical board may, on therecommendation of the director of the state library, sell, lease,exchange, or otherwise dispose of library materials under:
(1) IC 5-22-21; or
(2) IC 5-22-22.
(b) The Indiana library and historical board may, on therecommendation of the director of the state library and in accordancewith policies and procedures adopted by the board, sell, donate, orexchange library materials to or with other public or nonprofitlibraries or historical societies.
(c) The Indiana library and historical board may, on therecommendation of the director of the state library, adopt policiesand procedures for evaluating a proposal to:
(1) accept gifts of;
(2) sell;
(3) exchange; or
(4) otherwise dispose of;
library materials described in IC 4-23-7.1-3.
As added by P.L.30-1997, SEC.1. Amended by P.L.1-2009, SEC.11.
IC 4-23-7-5.4
Library and historical department fund; establishment; use;deposits
Sec. 5.4. (a) The library and historical department fund isestablished as a dedicated fund to be administered by the Indianalibrary and historical board. The monies in the fund may beexpended by the board exclusively for the maintenance, use, orbenefit of the Indiana library and historical department.
(b) The proceeds from the sale of items as directed by law or bythe Indiana library and historical board, from gifts of money or theproceeds from the sale of gifts donated to the fund, and frominvestment earnings from any portion of the fund, shall be deposited
in the fund.
(c) All monies accruing in the fund are hereby appropriatedcontinuously for the purposes specified in this section.
(d) No portion of the fund shall revert to the general fund of thestate at the end of a fiscal year; however, if the fund is abolished, itscontents shall revert to the general fund of the state.
As added by Acts 1981, P.L.40, SEC.6.
IC 4-23-7-6
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-7
Repealed
(Repealed by Acts 1979, P.L.40, SEC.25.)
IC 4-23-7-8
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-9
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-10
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-11
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-12
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-13
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-14
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-14.5
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-14.6
Repealed (Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-15
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-16
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-17
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-18
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-19
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-20
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-21
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-22
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-23
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-23.4
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-23.5
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-23.6
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-24
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-25
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-26
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-27
Repealed
(Repealed by Acts 1981, P.L.40, SEC.10.)
IC 4-23-7-28
Repealed
(Repealed by P.L.32-1985, SEC.8.)
IC 4-23-7-29
Repealed
(Repealed by P.L.32-1985, SEC.8.)
IC 4-23-7-30
Council on library automation; establishment; powers and duties
Sec. 30. (a) The Indiana library and historical board shall establishthe council on library automation to:
(1) conduct ongoing planning activities for library automationin Indiana; and
(2) advance the automation goals of Indiana's libraries throughthe cooperation of the appropriate library agencies andorganizations.
(b) The council on library automation consists of thirteen (13)members as follows:
(1) One (1) member from the Indiana library and historicalboard.
(2) Two (2) members from area library services authorities.
(3) Two (2) members from the Indiana cooperative libraryservices authority.
(4) Two (2) members from the department of education.
(5) Two (2) members from the state educational institutionlibrary automation committee.
(6) Two (2) members from the Indiana state library.
(7) Two (2) members from public libraries.
(c) With regard to the members described in subsection (b)(1)through (b)(6), each respective entity or agency described insubsection (b)(1) through (b)(6) shall forward its nominees forappointment on the council to the Indiana library and historical boardfor confirmation. (d) The Indiana library and historical board shall establish aprocess to select the members appointed under subsection (b)(7).
(e) Except as provided in subsection (f), the terms of office forcouncil members is three (3) years.
(f) The Indiana library and historical board shall establish theprocedures for the council, including staggering the terms for initialmembers of the council.
(g) The council may do the following:
(1) Encourage planning by individual libraries and groups oflibraries with regard to library automation.
(2) Annually update and distribute the statewide libraryautomation and resource sharing plan.
(3) Submit to the state library board its recommendationsconcerning the adoption of library automation standards underIC 4-23-7.1-11(b).
(4) Encourage library automation, resource sharing, anddocument delivery programs that are consistent with statetechnology strategies, educational programs, and economicinterests.
(5) Consult with appropriate agencies and organizations with aninterest in library automation and resource sharing in Indiana.
(h) The council shall provide an annual report to the Indianalibrary and historical board on the council's activities and progressmade towards meeting the goals in the statewide library automationand resource sharing plan. The council shall recommend to theIndiana library and historical board funding strategies that supportthe goals and initiatives contained in the statewide plan.
As added by P.L.25-1992, SEC.1. Amended by P.L.2-2007, SEC.56.