CHAPTER 13. CULTURAL INSTITUTIONS
IC 36-10-13
Chapter 13. Cultural Institutions
IC 36-10-13-1
"Art association"
Sec. 1. As used in this chapter, "art association" means a nonprofit
corporation organized under Indiana law to:
(1) maintain a permanent art gallery; and
(2) promote education in the fine and industrial arts;
that owns, possesses, or maintains property for those purposes.
As added by P.L.1-2005, SEC.48.
IC 36-10-13-2
"Cultural institution"
Sec. 2. As used in this chapter, "cultural institution" means a
historical society, an art association, or other nonprofit corporation
organized under Indiana law to further the cultural development of
the public.
As added by P.L.1-2005, SEC.48.
IC 36-10-13-3
"Historical society"
Sec. 3. As used in this chapter, "historical society" means a
nonprofit corporation organized under Indiana law to:
(1) maintain a permanent historical museum; and
(2) promote a knowledge of local ancestral heritage and custom;
that owns, possesses, or maintains property for those purposes.
As added by P.L.1-2005, SEC.48.
IC 36-10-13-4
School corporations in certain counties; appropriation for
historical society authorized
Sec. 4. (a) This section does not apply to a school corporation in
a county having a population of more than two hundred thousand
(200,000) but less than three hundred thousand (300,000).
(b) The governing body of a school corporation may annually
appropriate, from the school corporation's general fund, a sum of not
more than five-tenths of one cent ($0.005) on each one hundred
dollars ($100) of assessed valuation in the school corporation to be
paid to a historical society, subject to section 6 of this chapter.
As added by P.L.1-2005, SEC.48.
IC 36-10-13-5
School corporations in certain counties; tax levy; historical society
fund; appropriation for historical society authorized
Sec. 5. (a) This section applies only to a school corporation in a
county having a population of more than two hundred thousand
(200,000) but less than three hundred thousand (300,000).
(b) To provide funding for a historical society under this section,
the governing body of a school corporation may impose a tax of not
more than five-tenths of one cent ($0.005) on each one hundred
dollars ($100) of assessed valuation in the school corporation.
(c) The school corporation shall deposit the proceeds of the tax in
a fund to be known as the historical society fund. The historical
society fund is separate and distinct from the school corporation's
general fund and may be used only to provide funds for a historical
society under this section.
(d) Subject to section 6 of this chapter, the governing body of the
school corporation may annually appropriate the money in the fund
to be paid in semiannual installments to a historical society having
facilities in the county.
As added by P.L.1-2005, SEC.48. Amended by P.L.2-2006, SEC.195;
P.L.146-2008, SEC.798.
IC 36-10-13-6
Prerequisites for receipt of payment
Sec. 6. Before a historical society may receive payments under
sections 4 and 5 of this chapter, the historical society's governing
board must adopt a resolution that entitles:
(1) the governing body of the school corporation to appoint the
school corporation's superintendent and one (1) history teacher
as visitors who may attend all meetings of the society's
governing board;
(2) the governing body of the school corporation to nominate
two (2) individuals for membership on the society's governing
board;
(3) the school corporation to use the society's facilities and
equipment for educational purposes consistent with the society's
purposes;
(4) the students and teachers of the school corporation to tour
the society's museum, if any, free of charge; and
(5) the school corporation to borrow artifacts from the society's
collection, if any, for temporary exhibit in the schools.
As added by P.L.1-2005, SEC.48.
IC 36-10-13-7
School corporations in certain counties; tax levy; art association
fund; appropriation for art association authorized; prerequisites
for receipt of payments
Sec. 7. (a) This section applies to school corporations in a county
containing a city having a population of:
(1) more than one hundred fifty thousand (150,000) but less
than five hundred thousand (500,000);
(2) more than one hundred twenty thousand (120,000) but less
than one hundred fifty thousand (150,000);
(3) more than ninety thousand (90,000) but less than one
hundred five thousand (105,000);
(4) more than one hundred five thousand (105,000) but less than
one hundred twenty thousand (120,000); or
(5) more than seventy-five thousand (75,000) but less than
ninety thousand (90,000).
(b) To provide funding for an art association under this section,
the governing body of a school corporation may impose a tax of not
more than five-tenths of one cent ($0.005) on each one hundred
dollars ($100) of assessed valuation in the school corporation.
(c) The school corporation shall deposit the proceeds of the tax
imposed under subsection (b) in a fund to be known as the art
association fund. The art association fund is separate and distinct
from the school corporation's general fund and may be used only to
provide funds for an art association under this section. The governing
body of the school corporation may annually appropriate the money
in the fund to be paid in semiannual installments to an art association
having facilities in a city that is described in subsection (a), subject
to subsection (d).
(d) Before an art association may receive payments under this
section, the association's governing board must adopt a resolution
that entitles:
(1) the governing body of the school corporation to appoint the
school corporation's superintendent and director of art
instruction as visitors who may attend all meetings of the
association's governing board;
(2) the governing body of the school corporation to nominate
individuals for membership on the association's governing
board, with at least two (2) of the nominees to be elected;
(3) the school corporation to use the association's facilities and
equipment for educational purposes consistent with the
association's purposes;
(4) the students and teachers of the school corporation to tour
the association's museum and galleries free of charge;
(5) the school corporation to borrow materials from the
association for temporary exhibit in the schools;
(6) the teachers of the school corporation to receive normal
instruction in the fine and applied arts at half the regular rates
charged by the association; and
(7) the school corporation to expect exhibits in the association's
museum that will supplement the work of the students and
teachers of the corporation.
A copy of the resolution, certified by the president and secretary of
the association, must be filed in the office of the school corporation
before payments may be received.
(e) A resolution filed under subsection (d) is not required to be
renewed annually. The resolution continues in effect until rescinded.
An art association that complies with this section is entitled to
continue to receive payments under this section as long as the art
association complies with the resolution.
(f) If more than one (1) art association in a city that is described
in subsection (a) qualifies to receive payments under this section, the
governing body of the school corporation shall select the one (1) art
association best qualified to perform the services described in
subsection (d). A school corporation may select only one (1) art
association to receive payments under this section.
As added by P.L.1-2005, SEC.48. Amended by P.L.2-2006, SEC.196;
P.L.146-2008, SEC.799.
IC 36-10-13-8
School corporations in certain counties; appropriation for cultural
institution authorized; prerequisites for receipt of payments
Sec. 8. (a) This section applies to school corporations in a county:
(1) containing a consolidated city; or
(2) having a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000).
(b) Subject to subsection (c), the governing body of a school
corporation may annually appropriate sums to be paid to cultural
institutions that are reasonably commensurate with the educational
and cultural contributions made by the institutions to the school
corporation and the school corporation's students.
(c) Before a cultural institution may receive payments under this
section, the president and secretary of the cultural institution must
file with the school corporation an affidavit stating that the cultural
institution meets the following requirements:
(1) The governing board has adopted a resolution that entitles
a representative of the school corporation to attend and speak at
all meetings of the governing body.
(2) The cultural institution:
(A) admits the public to galleries, museums, and facilities at
reasonable times and allows public use of those facilities
free of charge; or
(B) provides alternative services free of charge to the public
instead of admission to those facilities.
The governing body of the school corporation shall judge
whether the alternative services are conducive to the education
or cultural development of the public.
(3) The cultural institution has a permanent location in the
municipality where the cultural institution conducts the cultural
institution's principal educational or cultural purpose.
(4) The cultural institution has no general taxing authority.
The affidavit must be filed at least thirty (30) days before a request
for an appropriation under this section.
(d) A cultural institution that complies with this section may
continue to receive payments under this section as long as the school
corporation appropriates sums for that purpose.
As added by P.L.1-2005, SEC.48.