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 of
the state government which shall be known as the Indiana Library
and 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 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,
as hereinafter provided. In the first instance, one (1) of such members
shall be appointed for a term of one (1) year, one (1) member for a
term 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 all
members shall be appointed for terms of four (4) years. No person
shall be appointed as a member of the Indiana library and historical
board unless he is a citizen of high standing and probity and has a
known and active interest in library or historical work. One (1)
member of the library and historical board shall be appointed on
recommendation of the state board of education, one (1) member
shall be appointed on recommendation of the Indiana library, trustee
association, one (1) member shall be appointed on recommendation
of the Indiana library association, one (1) member shall be appointed
on recommendation of the Indiana historical society, and one (1)
member shall be selected and appointed by the governor. 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. 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, either on recommendation of the
board, association or society hereinbefore authorized to make
recommendations, or by selection by the governor, as hereinbefore
provided. 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. 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.)
IC 4-23-7-2.1
Board; election of officers; executive secretary
Sec. 2.1. (a) The Indiana library and historical board shall elect
one (1) of its members as president, another as secretary, and such
other officers as it determines, each of whom shall hold office for a
term of one (1) year.
(b) The board may designate the director of the state library or the
director of the historical bureau as the executive secretary of the
board 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 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.
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 the
several divisions thereof that like services in the various divisions
may be performed by the same employee or employees for the entire
department.
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 any
director or other employee of the department shall directly or
indirectly solicit subscription or contribution for any political party
or political purpose, or be forced in any way to make such
contribution, or be required to participate in any form of political
activity.
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 and
historical board shall formulate rules and regulations for the care,
management, and expansion of the library and historical department
so that the department and its several 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.
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 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.
IC 4-23-7-5.3
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;
(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 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.
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 establish
the council on library automation to:
(1) conduct ongoing planning activities for library automation
in Indiana; and
(2) advance the automation goals of Indiana's libraries through
the cooperation of the appropriate library agencies and
organizations.
(b) The council on library automation consists of thirteen (13)
members as follows:
(1) One (1) member from the Indiana library and historical
board.
(2) Two (2) members from area library services authorities.
(3) Two (2) members from the Indiana cooperative library
services authority.
(4) Two (2) members from the department of education.
(5) Two (2) members from the state educational institution
library 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 in
subsection (b)(1) through (b)(6) shall forward its nominees for
appointment on the council to the Indiana library and historical board
for confirmation.
(d) The Indiana library and historical board shall establish a
process to select the members appointed under subsection (b)(7).
(e) Except as provided in subsection (f), the terms of office for
council members is three (3) years.
(f) The Indiana library and historical board shall establish the
procedures for the council, including staggering the terms for initial
members of the council.
(g) The council may do the following:
(1) Encourage planning by individual libraries and groups of
libraries with regard to library automation.
(2) Annually update and distribute the statewide library
automation and resource sharing plan.
(3) Submit to the state library board its recommendations
concerning the adoption of library automation standards under
IC 4-23-7.1-11(b).
(4) Encourage library automation, resource sharing, and
document delivery programs that are consistent with state
technology strategies, educational programs, and economic
interests.
(5) Consult with appropriate agencies and organizations with an
interest in library automation and resource sharing in Indiana.
(h) The council shall provide an annual report to the Indiana
library and historical board on the council's activities and progress
made towards meeting the goals in the statewide library automation
and resource sharing plan. The council shall recommend to the
Indiana library and historical board funding strategies that support
the 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.