Ind. Code ch. 4-23-7.1

Ind. Code ch. 4-23-7.1
in effect

Ind. Code § 4-23-7.1-1 Definitions

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 1. As used in this chapter: (1) "Agency" means any state administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, service, or other similar body of state government. (2) "Board" means the Indiana library and historical board established by IC 4-23-7-2. (3) "Department" means the Indiana library and historical department established by IC 4-23-7-1. (4) "Director" means director of the Indiana state library. (5) "Historical bureau" means the Indiana historical bureau established by IC 4-23-7.2-2. (6) "Public library" has the meaning set forth in IC 36-12-1-5. (7) "State library" means the Indiana state library established by IC 4-23-7-3. (8) "Statewide library card program" refers to the program established by section 5.1 of this chapter. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.32-1985, SEC.1; P.L.19-1996, SEC.1; P.L.1-2005, SEC.64; P.L.84-2012, SEC.6; P.L.133-2012, SEC.23; P.L.42-2018, SEC.6.

Ind. Code § 4-23-7.1-1 Definitions

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 1. As used in this chapter: (1) "Agency" means any state administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, service, or other similar body of state government. (2) "Board" means the Indiana library board established by IC 4-23-7-2. (3) "Department" means the Indiana library and historical department established by IC 4-23-7-1. (4) "Director" means director of the Indiana state library. (5) "Historical bureau" means the Indiana historical bureau established by IC 4-23-7.2-2. (6) "Public library" has the meaning set forth in IC 36-12-1-5. (7) "State library" means the Indiana state library established by IC 4-23-7-3. (8) "Statewide library card program" refers to the program established by section 5.1 of this chapter. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.32-1985, SEC.1; P.L.19-1996, SEC.1; P.L.1-2005, SEC.64; P.L.84-2012, SEC.6; P.L.133-2012, SEC.23; P.L.42-2018, SEC.6; P.L.152-2026, SEC.21.

Ind. Code § 4-23-7.1-2 Duties and functions

Sec. 2. The state library shall: (1) develop and provide library service to state government, its branches, its departments and its officials and employees; (2) provide for the individual citizens of the state those specialized library services not generally appropriate, economical or available in other libraries of the state; (3) encourage and support the development of the library profession; (4) strengthen services of all types of publicly and privately supported special, school, academic, and public libraries; and (5) manage the historical bureau under IC 4-23-7.2. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.42-2018, SEC.7.

Ind. Code § 4-23-7.1-3 Library materials; development and maintenance; purposes

Sec. 3. The state library shall maintain, develop, and service a collection of books, periodicals, newspapers, maps, manuscripts, audiovisual materials, and other library materials for the purpose of: (1) meeting the informational, educational, and research needs of state government; (2) preserving and making available for use, materials bearing on the history of the state; (3) meeting the specialized library needs and interests of citizens of Indiana; and (4) supplementing the reference and materials resources of the libraries of the state. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-4 Plans or programs; historical or library development

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 4. The state library shall initiate or participate in plans or programs for historical or library development in Indiana that are considered appropriate by the Indiana library and historical board. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-4 Plans or programs; historical or library development

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 4. The state library shall initiate or participate in plans or programs for historical or library development in Indiana that are considered appropriate by the Indiana library board. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.152-2026, SEC.22.

Ind. Code § 4-23-7.1-5 Plans or programs; interlibrary exchange

Sec. 5. The state library shall develop plans and programs and participate in the operation of plans and programs that will encourage and facilitate the interlibrary exchange of services, information, and materials. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-5.1 Statewide library card program; rules

Sec. 5.1. (a) The state library shall develop and implement a statewide library card program to enable individuals who hold a valid statewide library card to present the statewide library card to borrow: (1) library books; or (2) other items available for public borrowing from public libraries as established by rules adopted by the board under subsection (c); from any public library in Indiana. The statewide library card program is in addition to any reciprocal borrowing agreement entered into between public libraries under IC 36-12-3-7 or IC 36-1-7. (b) The statewide library card program developed under this section must provide for at least the following: (1) To be an eligible cardholder of a statewide library card or to renew a statewide library card, the individual must: (A) be a resident of Indiana; (B) ask to receive or renew the statewide library card; and (C) hold a valid resident or nonresident local library card issued to the individual by a public library under IC 36-12-2-25. (2) The individual's public library shall pay a fee to be established by rules adopted by the board under subsection (c) based on not less than forty percent (40%) of the current average operating fund expenditure per borrower by all eligible public libraries as reported annually by the state library in the state library's annual "Statistics of Indiana Libraries". The individual's public library may assess the individual a fee to cover all or part of the costs attributable to the fee required from the public library and the amount charged to all individuals by a public library under this subdivision may not exceed the amount the public library is required to pay under this subdivision. (3) Each statewide library card expires one (1) year after issuance to an eligible cardholder. (4) Statewide library cards are renewable for additional one (1) year periods to eligible cardholders who comply with subdivision (1). (5) Statewide library cards shall be available to eligible cardholders at all public libraries. (6) Each eligible cardholder using a statewide library card is responsible for the return of any borrowed item directly to the public library from which the cardholder borrowed the item. (7) All public libraries shall participate in the statewide library card program and shall permit an individual who holds a valid statewide library card to borrow items available for borrowing as established by rules adopted by the board under subsection (c). (8) A nonresident of a public library taxing district who requests a statewide library card shall pay a fee for that card that includes, but is not limited to, the sum of the following: (A) The statewide library card fee that a public library is required to pay under subdivision (2). (B) The library taxing district's operating fund expenditure per capita in the most recent year for which that information is available in the state library's annual "Statistics of Indiana Libraries". This subdivision does not limit a library district's fee making ability or a library district's ability to enter township contractual arrangements. (c) The board shall adopt rules under IC 4-22-2 to implement this section, including rules governing the following: (1) The amount and manner in which the public libraries shall remit the fee under subsection (b)(2) to the state library for the state library's use in conducting the statewide library card program. (2) The manner of distribution and payment to each eligible public library district of the funds generated by the statewide library card program based upon the loans made by each eligible public library. To be eligible for a payment, the public library district must also comply with the standards and rules established under section 11 of this chapter. (3) The manner in which fines, penalties, or other damage assessments may be charged to eligible cardholders for items: (A) borrowed but not returned; (B) returned to the inappropriate public library; (C) returned after the items were otherwise due; or (D) damaged. (4) The dissemination of the statewide library cards to the public libraries. (5) Record keeping procedures for the statewide library card program. (6) Any other pertinent matter. As added by P.L.26-1992, SEC.1. Amended by P.L.37-1993, SEC.1; P.L.19-1996, SEC.2; P.L.1-2005, SEC.65.

Ind. Code § 4-23-7.1-5.2 Statewide library card fund; establishment; administration; eligibility; rules

Sec. 5.2. (a) As used in this section, "fund" refers to the statewide library card fund established by subsection (b). (b) The statewide library card fund is established as a dedicated fund to be administered by the state library. Money in the fund shall be disbursed by the director of the state library exclusively for: (1) the costs of administering the statewide library card program; or (2) distribution to eligible public libraries for services related to loans of books or other library items under the statewide library card program. (c) A public library is eligible for a distribution of money from the fund if the board determines that the public library: (1) meets the standards for public libraries established by rules of the board or the board has granted the public library a waiver from these standards; and (2) charges a fee in the amount required under IC 36-12-2-25 for issuing a local library card to a nonresident of the public library district. (d) The board shall adopt rules under IC 4-22-2 to establish a formula for the distribution of money in the fund to eligible public libraries. The formula must base the amount of money paid to an eligible public library upon the number of net loans made by the eligible public library under the statewide library card program. (e) The fees collected under section 5.1 of this chapter shall be deposited in the fund. Interest earned on money in the fund shall be deposited in the fund. (f) Money in the fund is appropriated continuously for the purposes specified in this section and section 5.1 of this chapter. (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund. If the fund is abolished, any money in the fund reverts to the state general fund. As added by P.L.26-1992, SEC.2. Amended by P.L.19-1996, SEC.3; P.L.1-2005, SEC.66.

Ind. Code § 4-23-7.1-6 Information relating to libraries and librarianship; publications

Sec. 6. The state library shall prepare, collect, edit, publish, and distribute such information bulletins, periodicals, statistical compilations, catalogs, or other publications concerning: (1) the Indiana state library or its collections, materials, or services; (2) the organization, administration, and maintenance of libraries; or (3) libraries and librarianship; as may be considered proper. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-7 Specialized materials and services; informing citizenry

Sec. 7. The state library shall inform and enlighten the citizens of Indiana as to the library materials and services of the state library which will meet the specialized needs and interests of the state's residents. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-8 Library activity within state; research; purposes

Sec. 8. The state library shall conduct research in appropriate areas of library activity and survey and study the library community in Indiana, including all types of libraries in Indiana, on a continual basis for the purpose of: (1) collecting pertinent statistics and other information; (2) assessing the condition and capacity of existing library facilities, resources, and services; (3) defining the needs of society which are the responsibility of libraries to meet; (4) evaluating library performance in relation to these needs; and (5) preparing recommendations and plans which will develop and strengthen library service in Indiana. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.42-2018, SEC.8.

Ind. Code § 4-23-7.1-9 Professional development programs

Sec. 9. The state library shall encourage the development of the library profession and of library service in Indiana by planning or conducting, either independently or cooperatively, programs regarding: (1) recruiting to the profession; (2) education for librarianship; (3) in-service training; (4) personnel classifications, evaluation, and utilization; and (5) postgraduate continuing education. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.42-2018, SEC.9.

Ind. Code § 4-23-7.1-10 Library administration; advice and assistance

Sec. 10. The state library shall provide advice and assistance as to the organization, administration, and maintenance of libraries to any person responsible for a library, either publicly or privately supported, in the state. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-11 Library automation and operating standards

Sec. 11. (a) The board shall establish operating standards and rules for libraries eligible to receive funds, either federal or state, under the provisions of any program for which the Indiana state library is the administrator. The Indiana state library shall monitor libraries eligible to receive funds or receiving funds to ascertain whether or not the standards and rules are being met. (b) The board shall establish library automation standards for libraries. The Indiana state library shall monitor compliance with the standards. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.32-1985, SEC.2; P.L.25-1992, SEC.2; P.L.130-2007, SEC.1; P.L.84-2012, SEC.7; P.L.133-2012, SEC.24.

Ind. Code § 4-23-7.1-12 Other state agencies and libraries; providing of personnel

Sec. 12. The state library shall provide library personnel, services, materials, equipment, or facilities for other state agencies, for libraries in other state agencies or for other libraries in the state as may be considered appropriate. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-13 Agreements with other states or federal government

Sec. 13. The state library shall negotiate and enter into agreements with other states or the federal government, as may be permitted by law, for the resolution of common library problems or the provision of common library services. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-14 Statistical or informational materials; publication; expenses

Sec. 14. The state library may compile and publish digests, reports and bulletins of purely informational or statistical character on any question which the board may deem to be of interest or value to the people of the state. Any expenses which may be incurred in the publication of any such digest, report or bulletin shall be defrayed out of the funds which may be appropriated for the use of the department or the state library. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-15 Cooperation with educational or other institutions, organizations, or individuals

Sec. 15. The state library may cooperate with any of the educational institutions of the state or other institutions, organizations, or individuals for the purpose of meeting its responsibilities in any manner and to any extent which may be approved by the board. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-16 Reports or other publications; retention of copies

Sec. 16. The state library shall retain copies of all reports, documents, bulletins, or other publications as may be necessary for its use or the use of the historical bureau, and the copies remaining shall be distributed and exchanged in such manner as may be prescribed by the board. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-17 Sale of unneeded volumes or pamphlets; proceeds

Sec. 17. The state library may sell or exchange any volumes or pamphlets it does not need. All money received from such sales or as payment for any books or documents that have been lost or damaged shall be deposited in the state library publications fund. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.42-2018, SEC.10.

Ind. Code § 4-23-7.1-18 Gifts of money, books, or other property; disposition; use

Sec. 18. The state library may receive gifts of money, books, or other property which shall be used or held in trust for the purpose or purposes given. Gifts of money shall be deposited in either: (1) the state library publications fund; or (2) an account maintained by the state library foundation established under section 42 of this chapter. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.42-2018, SEC.11.

Ind. Code § 4-23-7.1-19 Transportation charges on library materials sent; payment

Sec. 19. The state library may pay transportation charges one way on library materials sent to libraries and individuals. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-20 Mobile library services; library centers; establishment

Sec. 20. The state library may establish, equip, maintain, and operate bookmobile or other mobile library services, and library service centers, offices, or other facilities in rented, leased, or state-owned quarters outside the Indiana state library and historical building. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-21 Business days and hours

Sec. 21. The board shall determine the days and hours the library and its subdivisions will be open for public use; however, the provisions of the laws governing the length of the working day, the hours of public business, and the observance of legal holidays shall be observed. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-22 Collection of data from libraries

Sec. 22. (a) The Indiana state library annually shall collect data from all libraries in Indiana. (b) Each public officer who: (1) has in the officer's charge or custody; (2) is capable of supplying; or (3) is required to collect and compile; information required by the library and historical department or by the state library shall supply the information promptly at the request of the department or the state library. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.32-1985, SEC.3; P.L.130-2007, SEC.2.

Ind. Code § 4-23-7.1-23 Development of library services; other activities; powers and duties

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 23. The enumeration of the specific powers and duties in this chapter does not exclude the state library from engaging in any other activity, not contrary to law, that the Indiana library and historical board may consider appropriate in the development of library service to state government, to the libraries and library profession of Indiana, and to the citizens of the state. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-23 Development of library services; other activities; powers and duties

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 23. The enumeration of the specific powers and duties in this chapter does not exclude the state library from engaging in any other activity, not contrary to law, that the Indiana library board may consider appropriate in the development of library service to state government, to the libraries and library profession of Indiana, and to the citizens of the state. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.152-2026, SEC.23.

Ind. Code § 4-23-7.1-24 Rules; promulgation

Sec. 24. The board may promulgate rules, under IC 4-22-2, to carry out the provisions and purpose of this chapter. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-25 Public documents; depository libraries; copies

Sec. 25. In order that all public documents of the state of Indiana shall be preserved and made available for use of the citizens of the state, the state library is designated as the depository library for Indiana documents. The state library shall maintain a complete collection of all Indiana public documents. This collection shall be the official file of Indiana state documents. The state library shall establish a state document depository system by which copies of all public documents published by the state which are of general interest or use shall be deposited in designated depository libraries, and shall distribute to other libraries copies of those public documents published by the state which are of greatest interest or use and for which a more general distribution is appropriate. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-26 Public documents and publications; copies from state agencies; depository requirements; exemptions

Sec. 26. (a) Subject to subsections (b) and (c), every state agency that issues public documents shall furnish the state library twenty-five (25) printed copies of all publications issued by them, whether originally printed or published electronically, which are not issued solely for use within the issuing office. However, if the library requests, as many as twenty-five (25) additional copies of each public document shall be supplied. (b) If other provision is made by law for the distribution of the session laws of the general assembly, the journals of the house and senate of the general assembly, the supreme court and court of appeals reports, or the publications of the Indiana historical bureau, any of the public documents for which distribution is provided are exempted from the depository requirements under subsection (a) and sections 25 and 27 of this chapter. (c) If a public document issued by an agency is published in the Indiana Register in full or in summary form, the agency is exempt from providing copies of the published public document to the state library under subsection (a) and sections 25 and 27 of this chapter. (d) Publications of the various schools, colleges, divisions, and departments of the state universities and their regional campuses are exempt from the depository requirements under subsection (a). However, two (2) copies of each publication of these divisions shall be deposited in the state library. (e) Publications of state university presses, directives for internal administration, intraoffice and interoffice publications, and forms are completely exempt from all depository requirements. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.31-1985, SEC.41; P.L.1-1990, SEC.37; P.L.11-1996, SEC.4; P.L.91-2014, SEC.2; P.L.72-2018, SEC.11; P.L.42-2018, SEC.12; P.L.10-2019, SEC.7.

Ind. Code § 4-23-7.1-27 State documents; copies; disposition; listing

Sec. 27. The library shall: (a) Keep at least two (2) copies of each Indiana state document as permanent reference copies. (b) Send two (2) copies of each Indiana state document to the Library of Congress excluding those where other provisions for distribution are made by law. (c) Designate the four (4) state university libraries and certain selected Indiana public, school and college libraries in the several geographical sections of the state as secondary depository libraries to receive one (1) copy of those Indiana state documents which are of general interest. Selection of secondary depository libraries shall be made by the state library, based on a determination that the libraries selected will keep the documents readily accessible for use, and will render assistance for their use to qualified patrons without charge. (d) Prepare, and issue quarterly, complete lists of state issued documents which were issued during the immediately preceding quarter. These lists shall be cumulated and printed annually, at the end of each calendar year. Copies of these lists shall be distributed by the state library to state departments and agencies, and to public and college libraries within the state. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.42-2018, SEC.13.

Ind. Code § 4-23-7.1-28 Political subdivisions; documents published at state or local expense; delivery; copies

Sec. 28. (a) Each political subdivision of the state may deliver to the library ten (10) copies of every report, document, bulletin, or other publication published at the expense of the state or one (1) or more of its political subdivisions. (b) Any state, county, or other official of local government may turn over to the state library for permanent preservation, any books, records, documents, original papers, newspaper files, or printed books or materials not in current use in a state's, county's, or other official of local government's office. (c) The state library may make a copy, by photography or in any other way, of any official book, record, document, original paper, newspaper, or printed book or material in any county, city, or other public office for preservation in the state library. County, city, and other officials shall permit copies to be made of the books, records, documents, and papers in their respective offices. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.215-2016, SEC.95.

Ind. Code § 4-23-7.1-29 Repealed

As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.32-1985, SEC.4; P.L.25-1992, SEC.3; P.L.1-2005, SEC.67. Repealed by P.L.42-2018, SEC.14.

Ind. Code § 4-23-7.1-30 Repealed

As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.32-1985, SEC.5; P.L.25-1992, SEC.4. Repealed by P.L.130-2007, SEC.5.

Ind. Code § 4-23-7.1-31 Repealed

As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.32-1985, SEC.6; P.L.25-1992, SEC.5. Repealed by P.L.130-2007, SEC.5.

Ind. Code § 4-23-7.1-32 Loans of books or other library materials; authorization

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 32. Any book or other library material, unless restricted because of its value, physical condition, historical importance, demand, requirement for research, or legal or contractual restriction, belonging to or in custody of the state library may be borrowed for use outside of the library by any resident of the state or any library in accordance with policies adopted by the Indiana library and historical board. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.84-2012, SEC.8.

Ind. Code § 4-23-7.1-32 Loans of books or other library materials; authorization

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 32. Any book or other library material, unless restricted because of its value, physical condition, historical importance, demand, requirement for research, or legal or contractual restriction, belonging to or in custody of the state library may be borrowed for use outside of the library by any resident of the state or any library in accordance with policies adopted by the Indiana library board. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.84-2012, SEC.8; P.L.152-2026, SEC.24.

Ind. Code § 4-23-7.1-33 Loans of books and materials; policies; fines

Sec. 33. Policies for: (1) all loans including, at its discretion, the imposition of fines on borrowers for violation of the policies; (2) fees for lost or damaged materials; and (3) the imposition of fees for third party use of materials for which the state library owns the copyright; shall be established by the board. All funds accruing from fines and fees imposed under this section must be deposited in the state library publications fund. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.84-2012, SEC.9.

Ind. Code § 4-23-7.1-34 Lost or damaged items; liability for damages

Sec. 34. A person who damages or loses a book, document, plaque, marker, or sign belonging to the department is liable for triple damages. If the book that is damaged or lost is one (1) volume of a set, the person is liable for the whole set, but upon paying the replacement cost of the set, the person may take the broken set. All money received under this section shall be deposited in the state library publications fund. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.215-2016, SEC.96; P.L.42-2018, SEC.15.

Ind. Code § 4-23-7.1-35 State library publications fund; establishment; use; deposits

Sec. 35. (a) The state library publications fund is established as a dedicated fund to be administered by the state library. The monies in the fund may be expended by the director of the state library exclusively for the purchase of records of communication in any form or on any substance whatsoever and for the purchase of other library materials. (b) The proceeds from the sale of items as directed by law or by the director of the state library, from gifts of money or the proceeds from the sale of gifts donated to the fund, from fines or other monetary penalties, and from investment earnings from any portion of the fund, shall be deposited in the state library publications fund. (c) All monies accruing to the state library publications 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.7.

Ind. Code § 4-23-7.1-36 Organization; supplemental duties

Sec. 36. The state library shall be organized in such manner as determined by the director with the approval of the board. The duties of the state library established by law may be supplemented by the board according to its discretion. As added by Acts 1981, P.L.40, SEC.7.

Ind. Code § 4-23-7.1-37 Director; appointment; qualifications

Sec. 37. (a) The board shall appoint a director to be the chief administrative officer of the state library. (b) To qualify for the position of director, a person must: (1) be a graduate of a college or university of recognized standing; (2) have had special training in the technique and organization of library service; and (3) possess such other qualifications as the board, in its discretion, may deem necessary. As added by Acts 1981, P.L.40, SEC.7. Amended by P.L.100-2012, SEC.8; P.L.13-2013, SEC.7.

Ind. Code § 4-23-7.1-38 Repealed

As added by Acts 1981, P.L.40, SEC.7. Repealed by P.L.84-2012, SEC.10; P.L.100-2012, SEC.9.

Ind. Code § 4-23-7.1-39.1 State library advisory council; established; purpose; members

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 39.1. (a) The state library advisory council is established for the purpose of advising the board and the state librarian concerning: (1) general policies of the state library; (2) plans or programs for library development and interlibrary cooperation; (3) library research; (4) professional development for librarians; (5) standards and rules for library services; (6) administration and distribution of state and federal funds; and (7) other matters as requested by the board and the state librarian. (b) The advisory council consists of not more than fifteen (15) members. (c) The board shall appoint the members of the advisory council, with nominations for appointment from library organizations and the state librarian. (d) Members of the advisory council shall serve two (2) year terms. However, the board shall stagger the terms of the initial appointees. (e) Notwithstanding subsection (d), if a member misses a majority of the advisory council's meetings in a calendar year, the board may remove the member and appoint a new member to serve the remainder of the term of the member removed under this subsection. (f) A member of the advisory council is not entitled to compensation, per diem, or reimbursement for expenses. (g) A quorum of the members must be present for the advisory council to take any official action. A quorum of the advisory council consists of a majority of the members appointed to the advisory council. An affirmative vote by a majority of the members present is needed for the advisory council to make a recommendation or take any official action. As added by P.L.84-2012, SEC.12. Amended by P.L.13-2013, SEC.8.

Ind. Code § 4-23-7.1-39.1 Repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. As added by P.L.84-2012, SEC.12. Amended by P.L.13-2013, SEC.8. Repealed by P.L.152-2026, SEC.25.

Ind. Code § 4-23-7.1-40 Talking book program

Sec. 40. (a) The Indiana state library is the agency responsible for implementing the talking book program in Indiana. (b) The Indiana state library may cooperate with the Library of Congress or any other agency in implementing the talking book program. As added by P.L.25-1990, SEC.1.

Ind. Code § 4-23-7.1-40.5 Accessible electronic information service; fund established

Sec. 40.5. (a) For purposes of this section, "accessible electronic information service" means a service that provides to an eligible individual news and other timely information, including newspapers, from a multistate service center, using high speed computers and telecommunications technology for Internet acquisition of content and rapid distribution in a form appropriate for use by an eligible individual. (b) For purposes of this section, "director" refers to the director of the Indiana talking books and braille division of the Indiana state library. (c) For purposes of this section, "eligible individual" means an individual who is blind or has a disability and qualifies for services under 36 CFR 701.10(b). (d) For purposes of this section, "qualified entity" means an agency, instrumentality, or political subdivision of the state or a nonprofit organization that: (1) using computer technology, produces audio or braille editions of daily news reports, including newspapers, for the purpose of providing eligible individuals with access to news; (2) obtains electronic news text through direct transfer arrangements made with participating news organizations; and (3) provides a means of program administration and reader registration on the Internet. (e) The director may enter into an agreement with a qualified entity to provide an accessible electronic information service for eligible individuals. This service shall be planned for continuation from year to year and make maximum use of federal and other funds available by: (1) obtaining grants or in kind support from appropriate programs; and (2) securing access to low cost interstate rates for telecommunications by reimbursement or otherwise. (f) The accessible electronic information service fund is established for purposes of this section. The fund consists of appropriations from the general assembly, loan proceeds, and gifts and grants to the fund. (g) The treasurer of state shall invest the money in the accessible electronic information service fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. (h) The money in the accessible electronic information service fund at the end of a state fiscal year does not revert to the state general fund but remains in the fund to be used exclusively for purposes of this section. As added by P.L.136-2005, SEC.1. Amended by P.L.27-2006, SEC.1; P.L.99-2007, SEC.10.

Ind. Code § 4-23-7.1-42 State library foundation; board

Sec. 42. (a) The board may establish a foundation that is organized as a nonprofit corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to solicit and accept private funding, gifts, donations, bequests, devises, and contributions. The board may transfer private funding, gifts, donations, bequests, devises, and contributions intended for the state library that are in the state treasury into the foundation. (b) A foundation established under this section: (1) shall use money received under subsection (a) to: (A) support the state library and libraries in the state; and (B) carry out the purposes and programs under this chapter; and (2) may deposit money received under subsection (a) in an account or fund that is: (A) administered by the foundation; and (B) not part of the state treasury. (c) The foundation established under this section is governed by a board of directors consisting of the following members: (1) Seven (7) voting members appointed by the board of directors. (2) The state treasurer, who shall serve as a nonvoting member. (d) The members appointed under subsection (c)(1) shall be appointed for a term of three (3) years but may be removed by the governor for cause. (e) The affirmative votes of at least four (4) members of the board of directors are required for the foundation to take any official action. (f) Employees of the state library may provide administrative support for the foundation. (g) All money under the foundation's control is considered private funding and is not subject to state laws that apply to public funds. Money under the foundation's control at the end of a state fiscal year does not revert to the state general fund. (h) The foundation shall submit to an annual audit. The foundation may choose to have the audit performed by an independent certified public accountant or by the state board of accounts. As added by P.L.47-2011, SEC.1. Amended by P.L.91-2014, SEC.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/4Fetched: 10/17/2026