§ 4-37-7-8 — Memorandum of understanding with organizations at historic sites; terms; donor restricted funds

(a) The chief executive officer of the corporation
may enter into a memorandum of understanding with one (1) or more
nonprofit organizations that are recognized supporters of a specific
state historic site and are exempt from taxation under Section 501(c)(3)
of the Internal Revenue Code. The memorandum of understanding may
provide that the nonprofit organization or organizations may maintain
a gift shop and offer special events at the state historic site.
(b) A memorandum of understanding entered into under this section
may not do any of the following to restrict the fundraising activities of
an organization described in subsection (a):
(1) Require the organization to deposit into the fund the proceeds
of a fundraising activity approved by the chief executive officer.
(2) Require the organization to send money donated to the
organization to the corporation.
(3) Require the approval of the chief executive officer, or the
chief executive officer's designee, before the organization pursues
general donations from individuals and other entities.
(4) Restrict, regulate, or limit the ability of the organization to
hold offsite fundraising programs or activities.
(5) Restrict, regulate, or limit the ability of the organization to
promote or advertise any onsite or offsite fundraising programs or
activities on social media, via electronic mail, on a website, or by
any other means.
(c) A memorandum of understanding entered into under this section
may not do any of the following:
(1) Require the organization to be any type of supporting
organization (as the term is used in the Internal Revenue Code).
(2) Require a representative of the corporation to be a voting or
nonvoting member of the organization's board of directors.
(3) Require the organization to submit to the corporation any
organization documents, correspondence, electronic mail, or other
data that are not required to be submitted by the Internal Revenue
Service.
(4) Require the organization to submit an audit of the
organization's funds.
(5) Restrict, regulate, or otherwise limit the ability of the
organization to promote any onsite or offsite activities.
(6) Allow the corporation to take a nonprofit organization's real
or financial assets.
(7) Require the organization to pay any rental or other fee to
support an event at a state historic site that is sponsored by the
organization or the corporation.
(d) The corporation shall return to the organization any funds raised
by the organization and donated to the corporation that:
(1) are designated as donor restricted funds for a specific use in
a historic site project; and
(2) are not used for the donor's specified use in the historic site
project;
upon the completion of the historic site project.

Legislative History

As added by P.L.167-2011, SEC.1. Amended by P.L.167-2020, SEC.1; P.L.1-2025, SEC.32.