Second Regular Session 111th General Assembly (2000)
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HOUSE ENROLLED ACT No. 1221
AN ACT to amend the Indiana Code concerning local government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-7-4-208; (00)HE1221.1.1. -->
SECTION 1. IC 36-7-4-208, AS AMENDED BY P.L.216-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 208. (a) ADVISORY. The county plan
commission consists of nine (9) members, as follows:
(1) One (1) member appointed by the county executive from its
membership.
(2) One (1) member appointed by the county fiscal body from its
membership.
(3) The county surveyor or a qualified deputy surveyor appointed
by the surveyor.
(4) The county agricultural extension educator.
(5)
Five (5) members appointed in accordance with one (1) of
the following:
(A) Four (4) citizen members, of whom no more than two (2)
may be of the same political party and all four (4) of whom
must be residents of unincorporated areas of the county,
appointed by the county executive.
(6) Also one (1) township
trustee, who must be a resident of an unincorporated area of
the county, appointed by the county executive upon the
recommendation of the township trustees whose townships are
within the jurisdiction of the county plan commission.
(B) Five (5) citizen members, of whom not more than three
(3) may be of the same political party, and all five (5) of
whom must be residents of unincorporated areas of the
county appointed by the county executive.
If a county executive changes the plan commission from
having members described in clause (B) to having members
described in clause (A), the county executive shall appoint a
township trustee to replace the first citizen member whose
term expires and who belongs to the same political party as
the township trustee. Each member appointed to the
commission is entitled to receive compensation for mileage at
the same rate and the same compensation for services as a
member of a county executive, a member of a county fiscal
body, a county surveyor, or an appointee of a county surveyor
receives for serving on the commission, as set forth in section
222.5 of this chapter.
(b) ADVISORY. The metropolitan plan commission consists of nine
(9) members, as follows:
(1) One (1) member appointed by the county legislative body
from its membership.
(2) One (1) member appointed by the second class city legislative
body from its membership.
(3) Three (3) citizen members who are residents of
unincorporated areas of the county, of whom no more than two (2)
may be of the same political party, appointed by the county
legislative body. One (1) of these members must be actively
engaged in farming.
(4) Four (4) citizen members, of whom no more than two (2) may
be of the same political party, appointed by the second class city
executive. One (1) of these members must be from the
metropolitan school authority or community school corporation
and a resident of that school district, and the other three (3)
members must be residents of the second class city.
(c) AREA. When there are six (6) county representatives, they are:
(1) one (1) member appointed by the county executive from its
membership;
(2) one (1) member appointed by the county fiscal body from its
membership;
(3) the county superintendent of schools, or if that office does not
exist, a representative appointed by the school corporation
superintendents within the jurisdiction of the area plan
commission;
(4) the county agricultural extension educator;
(5) one (1) citizen member who is a resident of the
unincorporated area of the county, appointed by the county
executive; and
(6) one (1) citizen member who is a resident of the
unincorporated area of the county, appointed by the county fiscal
body.
When there are five (5) county representatives, they are the
representatives listed in subdivisions (3), (4), (5), and (6) of this
subsection and the county surveyor.
(d) AREA. The appointing authority may appoint an alternate
member to participate on a commission established under section 204
of this chapter in a hearing or decision if the regular member it has
appointed is unavailable. An alternate member shall have all of the
powers and duties of a regular member while participating on the
commission.
SOURCE: IC 36-8-9-3; (00)HE1221.1.2. -->
SECTION 2. IC 36-8-9-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 3. (a) The board consists of three
(3) commissioners appointed by the town legislative body. The
commissioners must be of good moral character and legal residents of
the town. Not more than two (2) of the commissioners may be of the
same political party. All three (3) commissioners shall be appointed in
January following the general or primary election at which the trustees'
action is ratified. adoption of the enabling ordinance by the
legislative body of the town. One (1) commissioner serves for one (1)
year, one (1) commissioner serves for two (2) years, and one (1)
commissioner serves for three (3) years. On January 1 of each year one
(1) commissioner shall be appointed to serve for a term of three (3)
years. Each commissioner is subject to removal by the legislative body
for any cause that the legislative body considers sufficient.
(b) After the initial appointment of the three (3) commissioners, the
town legislative body may, by ordinance, increase the size of the board
by providing for the appointment of two (2) additional commissioners.
The commissioners must be of good moral character and legal residents
of the town. The additional commissioners may not be members of the
same political party. Each additional commissioner shall be appointed
to serve for a term of three (3) years, however the initial appointment
need not be for three (3) years if the town legislative body adopts, by
ordinance, a staggered system for the terms of the additional members.
The terms of additional members begin January 1 following the date of
their appointment. Each commissioner appointed under this subsection
is subject to removal by the legislative body for any cause that the
legislative body considers sufficient.
(c) Before entering upon his duties, each commissioner shall take
and subscribe an oath of office before the clerk of the county in which
the town is located. Each commissioner shall also take and subscribe
before the clerk the further oath or affirmation that, in each
appointment or removal made by the board to or from the town police
department under this chapter, he will not appoint or remove a member
because of the political affiliation of the person or for another cause or
reason other than that of the fitness of the person. The oath and
affirmation shall be recorded and placed among the records of the
court.
(d) Each commissioner shall give bond in the penal sum of five
thousand dollars ($5,000), payable to the state and conditioned upon
the faithful and honest discharge of his duties. The bond must be
approved by the legislative body.
(e) The salary of the commissioners shall be fixed by the legislative
body and is payable monthly out of the treasury of the town.
SOURCE: ; (00)HE1221.1.3. -->
SECTION 3. [EFFECTIVE SEPTEMBER 30, 1999
(RETROACTIVE)] (a) This SECTION applies to a county plan
commission that did not have a township trustee appointed to the
plan commission as a member in accordance with
IC 36-7-4-208(a)(5) on or after October 1, 1999.
(b) The acts of the plan commission taken after September 30,
1999, and before the effective date of IC 36-7-4-208, as amended by
this act, are legalized.
SOURCE: ; (00)HE1221.1.4. -->
SECTION 4.
An emergency is declared for this act.
HEA 1221 _ Concur
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