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 as
the Indiana arts commission. On and after July 1, 1967, the
commission shall consist of fifteen (15) members who shall be
appointed by the governor and shall serve for a term of four (4) years
and until their successors are appointed and qualified. In event of a
vacancy, the governor shall appoint a successor to complete the
unexpired term.
(b) Insofar as practicable, the members of the commission shall be
selected so as to give representation to the various geographical areas
of the state and to all fields of the performing and fine arts. Members
shall be selected from among the residents of Indiana who have
competence, experience, and interest in connection with the
performing and fine arts. In making such appointments, due
consideration shall be given to any recommendations made by
representative civic, educational, and professional associations and
groups concerned with or engaged in the production or presentation
of 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 to
serve for a term of two (2) years, and five (5) members to serve for
a term of four (4) years. Upon the expiration of the terms of the
original members appointed under this subsection, their successors
shall be appointed for terms of four (4) years. A member shall be
eligible to succeed himself.
(d) The commission shall each year designate one (1) of its
members to serve as the chairman of the commission who shall be
the chief executive officer of the commission, one (1) member to
serve as vice chairman who shall act as chairman in the absence or
inability to act of the chairman, and one (1) to serve as secretary who
shall be responsible for maintaining records of the proceedings of the
commission.
(e) All contracts, applications for grants, and other documents
shall be executed in the name of the commission either by the
chairman of the commission or, when authorized by resolution of the
commission, by the executive director and shall be attested by the
secretary.
(f) Meetings of the commission shall be held at least quarterly and
at such other times as may be necessary. All meetings shall be upon
call of the chairman.
(g) The members of the commission shall not be required to
devote their full time to their duties, but shall devote such time as is
necessary to carry out their duties under this chapter. The members
of the commission shall serve without pay, but shall be reimbursed
for their reasonable and necessary expenses actually incurred in
carrying out their duties.
(h) Eight (8) members of the commission shall constitute a
quorum for the transaction of the business of the commission. A
vacancy in the commission shall not impair the power of a quorum
to transact business.
(Formerly: Acts 1965, c.248, s.1; Acts 1967, c.274, s.1.) As amended
by P.L.5-1984, SEC.180.
IC 4-23-2-2
Purposes and duties
Sec. 2. The commission shall have the following purposes and
duties:
(a) To stimulate and encourage throughout the state the study and
presentation of the performing and fine arts and public interest and
participation therein;
(b) To make such surveys as may be deemed advisable of public
and private institutions engaged within the state in artistic and
cultural activities, including but not limited to, music, theatre, dance,
painting, sculpture, architecture, and allied arts and crafts, and to
make recommendations, concerning appropriate methods to
encourage participation in and appreciation of the arts to meet the
legitimate needs and aspirations of persons in all parts of the state;
(c) To take such steps as may be necessary and appropriate to
encourage public interest in the cultural heritage of our state and to
expand the state's cultural resources; and
(d) To encourage and assist freedom of artistic expression
essential 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 commission
shall have, and may exercise, the following powers:
(a) To employ an executive director and such clerical and other
employees as may be necessary to carry out its duties;
(b) To adopt, promulgate, amend and rescind such rules and
regulations not inconsistent with the provisions of this chapter as it
may deem necessary, acting in accordance with the provisions of
IC 4-22-2;
(c) To hold public hearings;
(d) To enter into contracts, within the limit of funds available
therefor, with individuals, organizations and institutions for services
furthering the objectives of the commission's programs;
(e) To enter into contracts, within the limit of funds available
therefor, with local and regional not-for-profit corporations or
associations for cooperative endeavors furthering the objectives of
the commission's program;
(f) To accept gifts, contributions and bequests of funds from
individuals, 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 of
this chapter and to enter into any agreements which may be required
by the state or federal government as a condition of obtaining such
funds;
(h) To make and sign any agreements and to do and perform any
acts 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 amended
by 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 administrative
officer of the commission. The executive director shall supervise the
employees of the commission and shall assist the commission in
promoting and carrying on its activities and administrative work. The
executive director shall not be a member of the commission, but shall
devote his or her full time to the performance of his or her duties
under the direction and supervision of the commission. The
executive director's compensation shall be fixed by the commission
with 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 the
development and encouragement thereof through the efforts of
private or governmental organizations.
(Formerly: Acts 1965, c.248, s.4; Acts 1967, c.274, s.4.) As amended
by Acts 1977, P.L.39, SEC.2.
IC 4-23-2-5
Offices
Sec. 5. Appropriate office facilities, supplies and equipment shall
be provided for the commission and the executive director and other
employees 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 area
certified 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 district
certification program.
(d) To have an area certified as a district, a unit must:
(1) apply to the commission on a form prescribed by the
commission; 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 district
that extends across a common boundary.
(e) The commission, after reviewing an application filed by a unit
under 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 area
certified as a district; and
(2) that are necessary to carry out this section.
As added by P.L.10-2008, SEC.1.