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IC 10-18-1-1
"Commission"
Sec. 1. As used in this chapter, "commission" refers to the Indiana
war memorials commission established by section 2 of this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-2
Commission established
Sec. 2. (a) The Indiana war memorials commission is established.
(b) The commission consists of ten (10) members. Each Indiana
congressional district must be represented by at least one (1) member
who is:
(1) a resident of that congressional district;
(2) a veteran of service in the armed forces of the United States
of America in time of war;
(3) a citizen of Indiana at the time of the service; and
(4) appointed:
(A) in the manner;
(B) for the terms;
(C) to have the powers; and
(D) to perform the duties;
as provided in this chapter.
(c) The commission:
(1) as the commission and in the commission's name, may
prosecute and defend suits; and
(2) has all other duties, rights, and powers that are:
(A) necessary to implement this chapter; and
(B) not inconsistent with this chapter.
(d) The members of the commission are not liable in their
individual capacity, except to the state, for any act done or omitted
in connection with the performance of their duties under this chapter.
(e) A suit against the commission must be brought in a court with
jurisdiction in Marion County. Notice or summons of the suit shall
be served upon the president, vice president, or secretary of the
commission. In a suit against the commission, it is not necessary to
name the individual members of the commission as either plaintiff or
defendant. Commission members may sue and be sued in the name
of the Indiana war memorials commission.
(f) The commission shall:
(1) report to the governor through the adjutant general; and
(2) be under the adjutant general for administrative supervision.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-4
Certificate of appointment
Sec. 4. (a) The governor shall execute a certificate of appointment
that makes reference to this chapter and sets forth the term of
appointment for each member of the commission. The governor shall
deposit the certificates of appointment in the office of the secretary
of state, who shall record the certificates in a book kept for that
purpose.
(b) The secretary of state shall notify each person appointed as a
commissioner of the person's appointment. The person's acceptance
of the appointment shall be signified by subscribing to an oath, to be
endorsed on the certificate of appointment:
(1) to support the Constitution of the United States and the
Constitution of the State of Indiana; and
(2) to faithfully and honestly discharge the person's duty under
the law as a commissioner.
(c) The secretary of state shall deliver the certificate, when
recorded, to the person named in the certificate. The certificate
constitutes the commission of the person named as a member of the
commission for the term specified.
(d) If a person appointed fails to qualify under this section within
ten (10) days after notice of the person's appointment, the governor
shall appoint another qualified person as a commissioner.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-5
Election of officers
Sec. 5. (a) The commission shall elect the following:
(1) One (1) member of the commission to serve as president.
IC 10-18-1-6
Bonding of officers
Sec. 6. (a) The president and vice president of the commission
shall, before entering upon the discharge of their duties, give bond to
the approval of the governor, each in the sum of ten thousand dollars
($10,000), conditioned for the faithful performance of the duties as
may be imposed upon them by law.
(b) The officers and any other officers required to give a bond
under this chapter may furnish as surety any surety company
authorized to transact business in Indiana that meets the approval of
the commission, and the premium on any bond shall be paid as a part
of the expenses of the commission.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-7
Duties of president
Sec. 7. (a) The president shall do the following:
(1) Preside over the meetings of the commission.
(2) Sign all vouchers approved by the commission under this
chapter.
(3) Sign all contracts and agreements in the name of the
commission that have been authorized by the commission. The
secretary shall attest to contracts signed by the president.
(b) If the president is absent or unable to act, the vice president
shall perform the president's duties.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-8
Duties of secretary; bond
Sec. 8. (a) The secretary appointed by the commission shall take
an oath to faithfully perform the duties of the secretary's office.
(b) The secretary shall do the following:
(1) Keep a record of the proceedings of the commission.
(2) Make a record of contracts and obligations.
(3) Furnish each contractor with a copy of the contractor's
contract that:
(A) is endorsed "approved by order of the commission";
(B) lists the date of the approval; and
(C) is signed by the secretary.
A contract is not valid until endorsed and delivered by the
secretary.
IC 10-18-1-9
Superintendent; bond
Sec. 9. (a) The commission may employ a superintendent.
(b) The superintendent shall give bond in an amount and with
surety to be approved by the commission.
(c) The superintendent's duties and compensation shall be
prescribed by the commission.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-10
Care and preservation of personal property of commission
Sec. 10. (a) The commission shall employ an individual who is
responsible for the care and preservation of all personal property
owned by the commission that has historic significance.
(b) The individual employed by the commission under subsection
(a) must meet the qualifications set by the division of state museums
and historic sites of the department of natural resources.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-11
Commission duties
Sec. 11. (a) The commission shall do the following:
(1) Keep a record of the commission's proceedings.
(2) Make a quarterly report for public use that includes the
following:
(A) A detailed account of the expenditures of the
commission.
(B) A summary of the commission's proceedings that
includes:
(i) a statement of all contracts let;
(ii) the name of the person to whom the contracts were let;
and
(iii) the amount of each contract.
(b) The report required under subsection (a) must be filed with the
auditor of state.
(c) Reports created and filed under this section are public records.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-12
Rulemaking; meetings
Sec. 12. (a) The commission may adopt rules that set forth:
(1) the time, place, and method of calling and conducting
meetings; and
(2) the manner and method of the conduct of business,
including:
(A) the government and regulation of the commission's
employees; and
(B) the management of the ground and premises under the
commission's care and control;
as the commission considers prudent and not inconsistent with this
chapter and other statutes.
(b) The commission shall meet at the call of the commission's
president or at the time set forth in the commission's rules. A
majority of the members constitutes a quorum for the transaction of
business. However, all official action of the commission must receive
the approval in a meeting of a majority of all the members of the
commission.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-13
Preservation of battle flags
Sec. 13. (a) The commission shall designate one (1) of its
members to do the following:
(1) Assume general charge of and preserve all Indiana battle
flags.
(2) Have custody of all battle and organization flags in the
possession of the state that were used by any of the military
organizations of the state:
(A) in any of the wars or campaigns in which the United
States has been engaged; and
(B) in which Indiana veterans have participated.
(3) In the preservation of the battle flags, as far as possible, see
that the name and the branch of service in which the
organization served are attached to or preserved with the flag.
(4) Collect data in reference to each organization or military
unit whose flag is in the possession of the commission and
place the data with the flag or banner of each of the
organizations or military units.
(b) The commission shall do the following:
(1) Collect Indiana battle flags not in the possession of the state
from the United States, patriotic societies, or individuals.
IC 10-18-1-14
Civil War flags fund
Sec. 14. (a) The Civil War flags fund is established to restore and
preserve Civil War flags.
(b) The commission:
(1) shall administer the fund; and
(2) may spend the money in the fund for the purposes of the
fund.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) All money accruing to the fund is appropriated continuously
for the purposes of the fund.
(f) Money in the fund at the end of a fiscal year does not revert to
the state general fund.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-15
Flag preservation cases
Sec. 15. (a) All flag cases completed shall be in the custody of the
commission. The superintendent shall have the cases cleaned
periodically as necessary.
(b) The commission may determine the method and manner in
which the flags shall be preserved.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-16
Indiana war memorial location; name; limitation on character and
height of buildings in vicinity
Sec. 16. (a) Out-lot five (5) and out-lot thirty-six (36), in
Indianapolis, according to the original plat of the city, are dedicated
and set apart as grounds for the Indiana War Memorial subject to the
provisions of this chapter.
(b) Out-lots five (5) and thirty-six (36) dedicated in subsection (a),
together with all or any part of squares five (5) and sixteen (16) or
any part of those squares, in Indianapolis, according to the original
plat of the city, that are acquired, dedicated, and set apart and added
to the real estate dedicated in subsection (a) by:
(1) the state; or
(2) Indianapolis, by Marion County, or Indianapolis and Marion
County jointly and then conveyed by the city, county, or city
and county jointly by proper deed, grant, or contract to the state;
for War Memorial and other public purposes constitutes and shall be
referred to as "Memorial Place". The permanent name of "Memorial
Place" shall be selected by the commission.
(c) A necessity is declared to exist to limit:
(1) the kind, character, and height of buildings upon; and
(2) the use of real estate and buildings that are located within
three hundred (300) feet of the outside boundaries of;
Memorial Place as constituted in this chapter. The commission may
acquire, by purchase, donation, or condemnation, the right to limit
the kind, character, and height of buildings upon and the use of real
estate and buildings on real estate within three hundred (300) feet of
the outside boundaries of Memorial Place.
(d) The commission shall erect and maintain in Indianapolis, upon
or within grounds dedicated or acquired under this chapter, as the
commission considers best, a suitable structure or structures:
(1) to commemorate the valor and sacrifice of the soldiers,
sailors, and marines of the United States and of all others who
rendered faithful, loyal, heroic, and self-sacrificing service at
home and overseas in World War I;
(2) to provide a place or places of meeting and headquarters for
organizations of soldiers, sailors, and marines or any other
patriotic societies or associations;
(3) to keep records, archives, documents, flags, mementos, and
relics; and
(4) for other public meetings and other public purposes;
to inculcate a true understanding and appreciation of the duties,
benefits, and privileges of American citizenship and inspire
patriotism and respect for the law to the end that peace may prevail,
good will be promoted, justice be administered and established,
public order maintained, and liberty and freedom under the law
perpetuated.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-17
Conveyance of real estate; public park
Sec. 17. (a) If squares five (5) and sixteen (16) or any part of
those squares in Indianapolis, according to the original plat of the
city, are acquired, dedicated, and set apart and added to the real
estate dedicated in this chapter by the state for war memorial and
other public purposes by Indianapolis, by Marion County, or by the
city and county jointly by proper deed, contract, or grant, by which
the city or county, or the city and county jointly, convey the real
estate or any part of the real estate to the state for war memorial and
other public purposes, the commission may accept from the city, the
county, or the city and county jointly the deed, grant, or contract by
which the real estate or any part of the real estate is conveyed to the
state for war memorial and other public purposes, subject to the
terms, conditions, and provisions contained in the deed, grant, or
contract.
(b) The commission may agree that, to the extent that the city, the
county, or the city and county jointly appropriate and use money in
the acquisition of the real estate or any part of the real estate, the real
estate and interests in the real estate and the memorial structures
erected on the real estate (to the extent of the money so appropriated
and used by the city, by the county, or by the county and city jointly)
shall be a city war memorial, a county war memorial, or a joint war
memorial.
(c) If the real estate or any part of the real estate is acquired and
conveyed to the state, the commission may erect structures on outlots
five (5) and thirty-six (36) dedicated in this chapter or upon any part
of the real estate so dedicated or acquired as provided in this chapter
as the commission considers best.
(d) The commission shall develop any part or all of the real estate
described in this chapter that has been dedicated or acquired as
provided in this chapter as a memorial place, together with square
twenty-five (25), known as University Square in Indianapolis,
according to the original plat of the city, to secure a harmonious and
unified architectural and aesthetic effect of the entire series of
grounds used and dedicated for memorial purposes. The grounds
must include square twenty-five (25), known as University Square,
which shall be and constitute a part of the memorial park, and shall
be used as a public park.
(e) The commission may sell buildings and improvements situated
on outlots five (5) and sixteen (16) when they come under the
commission's jurisdiction, custody, and control or remove the
buildings and improvements as the commission considers best. The
commission may contract with Indianapolis, with Marion County, or
with the county and city jointly, concerning the use and rents of the
buildings and improvements on squares five (5) and sixteen (16)
until it is necessary to remove the buildings for the purpose of
erecting the memorial structure or structures. The commission may
contract with the city or county or the city and county jointly with
reference to the sale of buildings and improvements upon the real
estate that may be acquired and conveyed to the state by the city or
county or by the city and county jointly for War Memorial and other
public purposes. The contracts must provide how the proceeds from
the rent or sale of buildings and improvements shall be applied.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-19
Monument Circle
Sec. 19. (a) The grounds that belong to the state in Indianapolis:
(1) designated in the Constitution of the State of Indiana as
Governor's Circle;
(2) later called "Circle Park"; and
(3) known and designated as "Monument Place";
shall be known and designated as "Monument Circle".
(b) All written instruments and all laws that relate to the grounds
described in subsection (a) in statutes are effective for the purpose
intended when the grounds are described and designated as
Monument Circle.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-20
Rules for government of Monument Circle
Sec. 20. The commission shall adopt rules for the government of
the monument and Monument Circle. The rules are binding and
effective when approved by the governor.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-21
Soldier's and Sailor's Monument employees and superintendent
Sec. 21. (a) The commission:
(1) has general control of the State Soldiers' and Sailors'
Monument Circle; and
(2) may employ a superintendent.
(b) The superintendent may, with the advice and consent of the
commission, appoint engineers, elevator operators, electricians, and
watchmen as are actually required, all of whom are subject to
removal at any time by the commission for any reason satisfactory to
the commission.
(c) The superintendent:
(1) has direct charge and supervision of the monument and
Monument Circle, subject to the orders of the commission; and
(2) may require watchmen to act as elevator operators and
elevator operators to act as watchmen.
(d) The superintendent and the engineers, watchmen, and elevator
operators have police powers with all powers of a constable.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-22
Superintendent; financial duties
Sec. 22. (a) The superintendent shall execute a bond in the penal
sum of five thousand dollars ($5,000), to be approved by the
commission.
(b) The superintendent shall:
(1) on the first day of each month, make a sworn statement to
the auditor of state of all receipts and expenditures, with
vouchers attached for the preceding month, on account of the
monument; and
(2) at the same time, pay over to the treasurer of state all money
received by the superintendent from all sources in the operation
of the monument for the preceding month.
IC 10-18-1-23
Perpetual maintenance
Sec. 23. The Soldiers' and Sailors' Monument and all approaches
to the monument and all surroundings belonging to the state shall be
maintained perpetually and inviolate for the purpose originally
designed.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-24
Desecration
Sec. 24. A person may not desecrate the Soldiers' and Sailors'
Monument in Indianapolis, the street known as Monument Circle, or
any of the premises or approaches surrounding the monument by
building a wall, fence, or other obstruction in or about the premises,
approaches, or street known as Monument Circle surrounding the
monument:
(1) to sell or offer to sell any article of merchandise;
(2) to have or to hold any show, carnival, circus, or masquerade;
(3) to maintain any tent or building in or about the street,
premises, or approaches;
(4) to hold a political meeting;
(5) to in any way obstruct the view or approaches to the street,
or premises; or
(6) to use the premises, street, or approaches;
for purposes other than those intended in this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-25
Intentional damage; penalty
Sec. 25. A person who intentionally damages or removes any of
the property of the state on Monument Circle is liable for the
payment of a penalty not less than twice the sum necessary to repair
the damage or restore the lost property. The penalty may be collected
by the commission in a civil action.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-26
Souvenirs; fund
Sec. 26. (a) The commission may do the following:
(1) Make or sell the following:
(A) Pictures, models, books, and other representations of the
monuments and grounds.
IC 10-18-1-27
Funds for restoration and repair
Sec. 27. Money recovered or accrued under this chapter shall be
used:
(1) to keep:
(A) the State Soldiers' and Sailors' Monument and subsidiary
monuments; or
(B) the Monument Circle and its decorations and
improvements;
in repair; and
(2) to restore any parts of the monuments or the Monument
Circle that have been broken, destroyed, removed, or injured.
IC 10-18-1-30
Contracts; notice; competitive bidding
Sec. 30. (a) The commission may not enter into a contract for:
(1) the purchase or sale of property, material, or supplies; or
(2) the performance of work or labor, except for salaries of
employees;
if the work and labor or materials and supplies cost more than ten
thousand dollars ($10,000) without first giving notice of its intention
to purchase or sell the materials or supplies or to contract for the
work or labor by publication in a newspaper of general circulation
printed and published in the English language in Indianapolis for two
(2) successive weeks before the time fixed for the letting of the
contract or the sale of the property.
(b) A contract under this section must be in writing. The other
contracting party shall furnish bond for the faithful performance of
the contract in an amount fixed by the commission and with surety
to the commission's approval, conditioned upon the faithful
performance of the contract. However, if the commission decides to
purchase a patented article or material or an article or material of a
special type, character, or design of construction or make that may
be purchased from only one (1) person, firm, limited liability
company, or corporation, their agents or representatives, or for which
there is a fixed, standard price, the commission is not required to take
or receive competitive bids. However, the commission shall publish
in the manner set forth under subsection (a) the number and character
of the article or kind and quality of material proposed to be
purchased, the unit price, and the total sum to be paid.
(c) A contract made in violation of this section is void.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-31
War Memorial fund
Sec. 31. (a) The Indiana War Memorial fund:
(1) is subject to the laws of this state that concern the deposits
and safekeeping of public funds; and
(2) shall be deposited under the advisory supervision of the
state board of finance in the same way and manner and at the
same rate of interest and under the same restriction as state
funds.
(b) Interest that accrues to the fund shall be added to and become
a part of the Indiana War Memorial fund.
(c) The Indiana War Memorial fund and the accounts of each
public officer, employee, or person entrusted by law with the raising,
disposition, or expenditure of the fund or any part of the fund are
subject to the same penalties and the same provisions for publicity as
are provided by law for state funds and state officers.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-32
Contract for additional structures
Sec. 32. The commission, with the approval of the governor, may
let a contract for the erection of additional structures on the site of
the Indiana World War Memorial, in accordance with plans and
specifications adopted by the commission, with the approval of the
governor, to any competent and reliable contractor.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-33
Commemoration of those who served in World War II and Korean
Conflict
Sec. 33. (a) The commission shall commemorate the valor of
those loyal citizens of this state who served with the armed forces of
the United States during World War II and the Korean Conflict by
placing their names in the archives of the World War Memorial
located at Indianapolis.
(b) The names must be placed in the archives in the same manner
as those honored by Indiana who served in World War I.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-34
Commemoration of those who served in Vietnam
Sec. 34. (a) The commission shall commemorate the valor of
those loyal citizens of Indiana who served with the armed forces of
the United States during the Vietnam conflict by placing their names
in the archives of the World War Memorial located at Indianapolis.
(b) The names must be placed in the archives in the same manner
as those honored by Indiana who served in World War I, World War
II, and the Korean Conflict.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-35
Injunctions; enforcement of chapter; taxes
Sec. 35. A suit to enjoin the enforcement of this chapter or to
prevent the levy or collection of taxes under this chapter may not be
commenced.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-36
Tax exemption
Sec. 36. All property of every nature and kind constituting a
memorial or used in connection with a memorial is exempt from
taxation for all purposes.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-37
Violations
Sec. 37. Except as otherwise provided in this chapter, a person
who violates this chapter commits a Class B infraction.
As added by P.L.2-2003, SEC.9.
IC 10-18-1-38
Pecuniary interest of members and employees; offense
Sec. 38. It is a Class D felony for a member of the commission or
the architect, secretary, superintendent, or any other person in the
employ of the commission to:
(1) knowingly be interested in or derive any profit from any
contract, employment, or purchase connected with the Indiana
World War Memorial or with any action of the commission; or
(2) knowingly be interested in any claim against the
commission or the state growing out of the erection or
maintenance of the Indiana World War Memorial;
other than for the compensation for their services or for their
expenses as provided in this chapter.
As added by P.L.2-2003, SEC.9.