January 11, 2000, read first time and referred to Committee on Ways and Means.
Second Regular Session 111th General Assembly (2000)
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HOUSE BILL No. 1383
A BILL FOR AN ACT to amend the Indiana Code concerning local
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-30-17-4.1; (00)IN1383.1.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4.1. (a) Except as
provided in subsection (c),
money required to be credited to the state
and local capital projects account may be used only for state and local
capital projects or for deposit in a revolving loan fund that may only be
used for capital projects. Capital projects include the construction of
airports, airport facilities, and local street and road projects. A state
project is a capital project that is proposed by the state or the
education commission. commission for higher education.
project is a capital project proposed by a political subdivision. An
airport development project that is eligible for a grant or loan under
is a local capital project.
The money required to be credited to the state and local
capital projects account must be used to promote the maximum use of
other funds for capital projects, including using local matching
requirements, the consideration of various kinds of credit
enhancements, and the remarketing of debt issues secured by money in
the state and local capital projects account.
(c) Subject to appropriation by the general assembly, ten
percent (10%) of each amount credited to the state and local
capital projects account may be distributed only to regional road
authorities that have requested funds. A request for funds under
this subsection must be submitted to the budget agency in the form
and manner required by the budget agency.
(d) Before October 1 of each year, the budget agency shall
prepare a prioritized regional road authority project report and
submit the report to the governor and the legislative council.
(e) Money appropriated for a regional road authority from the
state or local capital projects account may not be expended until
the regional road authority project is reviewed by the budget
committee and approved by the governor upon the
recommendation of the budget agency.
(f) Any regional road authority project not funded from the
state and local capital projects account may be carried forward
and included in the budget agency's regional road authority
(g) At the end of each state fiscal year, money under this section
not distributed to a regional road authority reverts to the state and
local projects account of the build Indiana fund.
SOURCE: IC 36-9-40; (00)IN1383.1.2. -->
IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 40. Regional Road Authorities
Sec. 1. This chapter applies to counties and municipalities.
Sec. 2. As used in this chapter, "authority" means a regional
road authority established by section 4 of this chapter.
Sec. 3. As used in this chapter, "board" refers to the regional
road authority control board described in section 8 of this chapter.
Sec. 4. (a) The legislative bodies of:
(1) a county and one (1) or more municipalities located within
the county; or
(2) two (2) or more adjoining:
(A) municipalities; or
may, by the adoption of like ordinances, establish a regional road
(b) An ordinance establishing an authority must include the
(1) An effective date.
(2) A designation of the area covered by the authority.
(3) A name for the authority.
(c) The words "regional road authority" must be included in the
name of an authority established by ordinance.
Sec. 5. A regional road authority established under this chapter
is responsible for coordinating the:
(1) construction of;
(2) improvement to;
(3) maintenance of; and
(4) financing of;
roads shared by members of the authority that lie within the
boundaries of an area under the control of a regional road
authority that is designated by an ordinance.
Sec. 6. An authority may be expanded to include one (1) or more
additional adjoining counties or municipalities if resolutions
approving the expansion are adopted by the legislative bodies of:
(1) the counties or municipalities to be added to the authority;
(2) a majority of the counties and municipalities already in the
Sec. 7. If the legislative body of a member of an authority finds
that the member should be removed from the authority, the
legislative body of the member shall adopt a resolution favoring the
removal of the member from the authority. The resolution must
establish a date upon which membership terminates, but that date
must be at least six (6) months after the date of the adoption of the
resolution. Removal of a member from an authority does not
relieve the member from any obligations incurred on the member's
behalf by the authority on a date when the member was in the
Sec. 8. (a) Except as provided in subsection (b), an authority is
under the control of a board consisting of:
(1) two (2) members appointed by the executive of each
county that is a member of the authority; and
(2) one (1) member appointed by the executive of each
municipality that is a member of the authority.
(b) An authority that includes a consolidated city is under the
control of a board consisting of the following:
(1) Two (2) members appointed by the executive of the
(2) One (1) member appointed by the board of commissioners
of the county having the consolidated city.
(3) One (1) member appointed by the executive of each other
county in the authority.
(4) One (1) member representing each municipality that is a
member of the authority and located in a county other than a
county containing a consolidated city.
(5) One (1) member representing the excluded cities located
in a county containing a consolidated city that are members
of the authority. The member shall be appointed by the
executives of the excluded cities acting jointly.
Sec. 9. (a) The appointments required by section 8 of this
chapter must be made not later than sixty (60) days after the
adoption of the ordinance establishing the authority. If an
appointing authority fails to make the required appointment within
the sixty (60) day period, the circuit court having jurisdiction
where the appointing authority is located shall make the
appointment without delay.
(b) The term of office of a member of the board is four (4) years,
and continues until the member's successor has qualified for the
office. A member may be reappointed for successive terms.
(c) A member of the board serves at the pleasure of the
Sec. 10. (a) Not later than ninety (90) days after the authority is
established, the members shall meet and organize themselves as a
(b) At its first meeting, and annually, the board shall elect from
its members a chairperson, a vice chairperson, who shall perform
the duties of the president during the absence or disability of the
president, and a secretary treasurer. If the authority includes more
than one (1) county, the chairperson and vice chairperson must be
from different counties.
(1) regional planning commission serving the area containing
the majority of the authority; or
(2) metropolitan planning organization, if an authority
includes a consolidated city;
shall serve as staff to the board secretary for the purpose of
recording the minutes of all board meetings and keeping the
records of the authority.
(d) The board shall keep its maps, plans, documents, records,
and accounts in a suitable office, subject to public inspection at all
Sec. 11. (a) The board shall fix the time and place for holding
regular meetings, and it must meet at least once during each
quarter of a calendar year.
(b) Special meetings of the board may be called by the
chairperson or by two (2) members of the board upon written
request to the secretary.
(c) The secretary treasurer must send to all members, at least
forty-eight (48) hours in advance of a special meeting, a written
notice fixing the time and place of the meeting.
(d) Written notice of a special meeting is not required if the time
of the special meeting has been fixed in a regular meeting.
Sec. 12. (a) A majority of the members appointed to the board
constitutes a quorum for a meeting.
(b) The board may act officially by an affirmative vote of a
majority of those present at the meeting at which the action is
Sec. 13. The members of the board are not entitled to a salary
but are entitled to an allowance for actual expenses and mileage at
the same rate as county officials in the county or municipality from
which the board member is appointed.
Sec. 14. The board shall appoint a qualified person to be
executive director of the authority. The executive director is the
chief executive officer of the authority.
Sec. 15. (a) The board shall appoint a person to act as controller
for the authority.
(b) The controller shall give bond in the sum and with the
conditions prescribed by the board, and with surety to the
approval of the board. The bond must be filed and recorded in the
office of the county recorder for the county that contains the most
area of the counties within the authority.
(c) The term of office of the controller is one (1) year, and the
controller may be appointed for additional terms of one (1) year.
(d) All money payable to the authority must be paid to the
controller, who shall deposit it in the manner prescribed by
The money deposited may be invested under the
applicable statutes, including
(e) The controller shall keep an accurate account of all money
owing or due to the authority and all money received and
Sec. 16. The board may:
(1) sue and be sued in its name, as a municipal corporation;
(2) approve projects;
(3) adopt an annual budget;
(4) receive gifts, donations, bequests, and public trusts, agree
to conditions and terms accompanying them, and bind the
authority to carry them out;
(5) receive federal or state aid and administer that aid;
(6) employ the personnel necessary to carry out the duties,
functions, and powers of the board;
(7) adopt rules governing the duties of its officers, employees,
and personnel and the internal management of the affairs of
(8) fix the compensation of the employees of the authority
within the limitations of the total personal services budget;
(9) do all other acts necessary or reasonably incident to
carrying out the purposes of this chapter.
Sec. 17. The state board of accounts shall:
(1) audit the records of the authority; and
(2) prescribe or approve all accounting forms and records
used by the authority.
Sec. 18. (a) The board shall prepare an annual budget for the
authority's operating and maintenance expenses and necessary
capital expenses. The authority's expenses must be apportioned to
each participating county and municipality of the authority on a
pro rata per capita basis.
(b) Each annual budget is subject to review and modification by
(1) county board of tax adjustment serving the county that
contains a majority of the area of the authority; and
(2) state board of tax commissioners.
(c) The expenses of the authority shall be paid by each member
out of the funds received by the member from the motor vehicle
Sec. 19. For each road project approved by the board, the
authority may submit an application for funds from the build
Indiana fund state and local capital projects account under