Board membership; terms; vacancies; authority
Sec. 2. (a) The management and control of the Indiana library and historical department is hereby vested in a board which shall be known as the Indiana library and historical board, and which shall consist of five (5) members, who shall be appointed by the governor.
(b) All members shall be appointed for terms of four (4) years. A person may not be appointed as a member of the Indiana library and historical board unless the person is a citizen of high standing and probity and has a known and active interest in library or historical work. The members of the board shall be appointed as follows:
(1) One (1) member of the library and historical board shall be appointed on recommendation of the state board of education.
(2) One (1) member must be appointed on the recommendation of the Indiana Library Federation.
(3) At least one (1) member shall be appointed on recommendation of the Indiana historical society.
(4) At least one (1) member must be a public library trustee appointed on the recommendation of the Indiana Library Trustee Association.
(c) The members of the board shall serve without compensation, but shall be entitled to receive their actual expenses necessarily incurred in attending the meetings and transacting the business of the board, and in participating in such other activities as may be in the interest of the department.
(d) Any vacancy which may occur in the membership of the board for any cause shall be filled by appointment by the governor for the unexpired term.
(e) The board may prepare plans subject to the approval of the governor and advise with the proper officials in the construction of alterations and additions to the building and provide necessary equipment and furnishings within the appropriations of funds for these purposes.
(f) The board may receive and administer any state or federal aid which may become available for the improvement and development 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.) As amended by P.L.84-2012, SEC.2.
Sec. 3. The Indiana library and historical department consists of two (2) divisions, the Indiana state library and the Indiana historical bureau.
(Formerly: Acts 1925, c.58, s.3; Acts 1947, c.327, s.2.) As amended by Acts 1981, P.L.40, SEC.2.
(Repealed by P.L.84-2012, SEC.3.)
(Repealed by P.L.100-2012, SEC.7.)
(Repealed by Acts 1981, P.L.40, SEC.10.)
Sec. 5. Subject to the provisions of this chapter, the library and historical board shall formulate policies for the care, management, and expansion of the library and historical department so that the department and its divisions may at all times be operated according to the most approved standards of library and historical service.
(Formerly: Acts 1925, c.58, s.5.) As amended by P.L.5-1984, SEC.183; P.L.84-2012, SEC.4.
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 the maintenance, use, or benefit of the Indiana library and historical department under such terms and conditions and with such obligations, liabilities, and burdens as in the judgment of the board and the governor is in the best interest of the Indiana library and historical department; however, no obligation, liability, or burden shall be assumed that is in excess of appropriations made by law for
the payment of such obligations, liabilities, and burdens.
As added by Acts 1981, P.L.40, SEC.5.
Disposition of library materials
Sec. 5.3. (a) The Indiana library and historical board may, on the recommendation 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 the recommendation of the director of the state library and in accordance with policies and procedures adopted by the board, sell, donate, or exchange library materials to or with other public or nonprofit libraries or historical societies.
(c) The Indiana library and historical board may, on the recommendation of the director of the state library, adopt policies and procedures for evaluating a proposal to:
(1) accept gifts of;
(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.
Library and historical department fund; establishment; use; deposits
Sec. 5.4. (a) The library and historical department fund is established as a dedicated fund to be administered by the Indiana library and historical board. The monies in the fund may be expended by the board exclusively for the maintenance, use, or benefit of the Indiana library and historical department.
(b) The proceeds from the sale of items as directed by law or by the Indiana library and historical board, from gifts of money or the proceeds from the sale of gifts donated to the fund, and from investment earnings from any portion of the fund, shall be deposited in the fund.
(c) All monies accruing in the fund are hereby appropriated continuously for the purposes specified in this section.
(d) No portion of the fund shall revert to the general fund of the state at the end of a fiscal year; however, if the fund is abolished, its contents shall revert to the general fund of the state.
As added by Acts 1981, P.L.40, SEC.6.