February 14, 2011
SENATE BILL No. 485
DIGEST OF SB 485
(Updated February 9, 2011 4:51 pm - DI 110)
Citations Affected: IC 4-23; noncode.
Synopsis: State library foundation. Authorizes the Indiana library and
historical board to establish a nonprofit foundation to solicit and
accept private funding. Allows certain funds to be transferred to the
foundation. Provides that the foundation is governed by a board of
directors. Requires the state board of accounts to annually audit the
Effective: July 1, 2011.
, Lawson C, Simpson
January 13, 2011, read first time and referred to Committee on Public Policy.
February 14, 2011, reported favorably _ Do Pass.
February 14, 2011
First Regular Session 117th General Assembly (2011)
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SENATE BILL No. 485
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-23-7.1-42; (11)SB0485.1.1. -->
SECTION 1. IC 4-23-7.1-42 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 42. (a) The board may establish a foundation that is
organized as a nonprofit corporation that is exempt from federal
income taxation under Section 501(c)(3) of the Internal Revenue
Code to solicit and accept private funding, gifts, donations,
bequests, devises, and contributions. The board may transfer
private funding, gifts, donations, bequests, devises, and
contributions intended for the state library that are in the state
treasury into the foundation.
(b) A foundation established under this section:
(1) shall use money received under subsection (a) to:
(A) support the state library and libraries in the state; and
(B) carry out the purposes and programs under this
(2) may deposit money received under subsection (a) in an
account or fund that is:
(A) administered by the foundation; and
(B) not part of the state treasury.
(c) The foundation established under this section is governed by
a board of directors consisting of the following members:
(1) Seven (7) voting members appointed by the board of
(2) The state treasurer, who shall serve as a nonvoting
(d) The members appointed under subsection (c)(1) shall be
appointed for a term of three (3) years but may be removed by the
governor for cause.
(e) The affirmative votes of at least four (4) members of the
board of directors are required for the foundation to take any
(f) Employees of the state library shall provide administrative
support for the foundation.
(g) Money in the foundation at the end of a state fiscal year does
not revert to the state general fund.
(h) The state board of accounts shall annually audit the
foundation established under this section.
SOURCE: ; (11)SB0485.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2011] (a) The definitions in
IC 4-23-7.1 apply to this SECTION
(b) Notwithstanding IC 4-23-7.1-42(d), as added by this act, the
initial appointments of the directors of the foundation shall be:
(1) nominated by the director of the state library;
(2) approved by the Indiana library and historical board; and
(3) appointed by the governor.
(c) Notwithstanding IC 4-23-7.1-42 (c) and IC 4-23-7.1-42(d),
both as added by this act, the initial appointments of the members
of the board of directors of the foundation by the governor under
IC 4-23-7.1-42(c)(1), as added by this act, shall be staggered as
(1) Two (2) members appointed by the governor shall be
appointed to serve a one (1) year term ending June 30, 2012.
(2) Three (3) members appointed by the governor shall be
appointed to serve a two (2) year term ending June 30, 2013.
(3) Two (2) members appointed by the governor shall be
appointed to serve a three (3) year term ending June 30, 2014.
(d) This SECTION expires July 1, 2014.