Citations Affected:
IC 36-7-4-208.
Synopsis: County plan commission membership. Allows the county
commissioners to appoint five citizen members to the county plan
commission instead of four citizen members and a township trustee.
Legalizes the acts of a county plan commission that did not have a
township trustee appointed to its membership on October 1, 1999.
Effective: Upon passage; September 30, 1999 (retroactive).
January 10, 2000, read first time and referred to Committee on Governmental and
Regulatory Affairs.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
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) 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 a plan
commission with the members in clause (B) to a plan commission
with the members in clause (A), the plan commission shall appoint
the township trustee to replace the first citizen member whose term
expires and who belongs to the same political party as the township
trustee.
(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.
SECTION 2. [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.
SECTION 3. An emergency is declared for this act.