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.
Structure Indiana Code
Title 4. State Offices and Administration
Article 23. Boards and Commissions
4-23-7.1-2. Duties and Functions
4-23-7.1-3. Library Materials; Development and Maintenance; Purposes
4-23-7.1-4. Plans or Programs; Historical or Library Development
4-23-7.1-5. Plans or Programs; Interlibrary Exchange
4-23-7.1-5.1. Statewide Library Card Program; Rules
4-23-7.1-5.2. Statewide Library Card Fund; Establishment; Administration; Eligibility; Rules
4-23-7.1-6. Information Relating to Libraries and Librarianship; Publications
4-23-7.1-7. Specialized Materials and Services; Informing Citizenry
4-23-7.1-8. Library Activity Within State; Research; Purposes
4-23-7.1-9. Professional Development Programs
4-23-7.1-10. Library Administration; Advice and Assistance
4-23-7.1-11. Library Automation and Operating Standards
4-23-7.1-12. Other State Agencies and Libraries; Providing of Personnel
4-23-7.1-13. Agreements With Other States or Federal Government
4-23-7.1-14. Statistical or Informational Materials; Publication; Expenses
4-23-7.1-15. Cooperation With Educational or Other Institutions, Organizations, or Individuals
4-23-7.1-16. Reports or Other Publications; Retention of Copies
4-23-7.1-17. Sale of Unneeded Volumes or Pamphlets; Proceeds
4-23-7.1-18. Gifts of Money, Books, or Other Property; Disposition; Use
4-23-7.1-19. Transportation Charges on Library Materials Sent; Payment
4-23-7.1-20. Mobile Library Services; Library Centers; Establishment
4-23-7.1-21. Business Days and Hours
4-23-7.1-22. Collection of Data From Libraries
4-23-7.1-23. Development of Library Services; Other Activities; Powers and Duties
4-23-7.1-24. Rules; Promulgation
4-23-7.1-25. Public Documents; Depository Libraries; Copies
4-23-7.1-27. State Documents; Copies; Disposition; Listing
4-23-7.1-28. Political Subdivisions; Documents Published at State or Local Expense; Delivery; Copies
4-23-7.1-32. Loans of Books or Other Library Materials; Authorization
4-23-7.1-33. Loans of Books and Materials; Policies; Fines
4-23-7.1-34. Lost or Damaged Items; Liability for Damages
4-23-7.1-35. State Library Publications Fund; Establishment; Use; Deposits
4-23-7.1-36. Organization; Supplemental Duties
4-23-7.1-37. Director; Appointment; Qualifications
4-23-7.1-39.1. State Library Advisory Council; Established; Purpose; Members
4-23-7.1-40. Talking Book Program
4-23-7.1-40.5. Accessible Electronic Information Service; Fund Established