March 30, 2001





ENGROSSED

SENATE BILL No. 255

_____


DIGEST OF SB 255 (Updated March 28, 2001 12:08 PM - DI 92)



Citations Affected: IC 8-14.

Synopsis: Historic bridges and St. Joseph County historic preservation commission. Provides an annual grant that counties may request based upon the number of historic bridges in the county and subject to the amount appropriated from the state general fund for historic bridge maintenance grants and not to exceed $100,000 per state fiscal year. Requires the county executive to use the grant money for the maintenance of historic bridges or covered bridges. Provides that a building or structure that is declared by a historic preservation commission in St. Joseph County to be under interim protection may be placed under interim protection for not more than 30 days. Specifies that in the case of a historic preservation commission with jurisdiction in South Bend, the commission must after June 30, 2001, include as a voting member the superintendent of the largest school corporation in the city. Provides that in St. Joseph County, a historic preservation commission may remove the historic classification of a building or structure owned by a political subdivision without the adoption of an ordinance by the legislative body of the unit if the commission determines that removal of the classification is in the best interest of the unit and the political subdivision. (The introduced version of this bill was prepared by the natural resources committee.)

Effective: July 1, 2001.





Wheeler, Lewis, Skillman, Craycraft
(HOUSE SPONSORS _ STURTZ, LYTLE, DENBO, ULMER)




    January 11, 2001, read first time and referred to Committee on Natural Resources.
    January 30, 2001, amended, reported favorably _ Do Pass.
    February 5, 2001, read second time, ordered engrossed.
    February 6, 2001, engrossed. Read third time, passed. Yeas 49, nays 0.

HOUSE ACTION

    February 26, 2001, read first time and referred to Committee on Agriculture, Natural Resources and Rural Development.
    March 21, 2001, reported _ Do Pass; referred to Committee on Ways and Means pursuant to House Rule 127.
    March 29, 2001, amended, reported _ Do Pass.







March 30, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.


ENGROSSED

SENATE BILL No. 255



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 8-14-12 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 12. Historic Bridge Maintenance Grant
    Sec. 1. As used in this chapter, "grant" refers to a historic bridge maintenance grant under this chapter.
    Sec. 2. As used in this chapter, "historic bridge" means a bridge that meets the following requirements:
        (1) Is listed on:
            (A) the National Register of Historic Places; or
            (B) the register of Indiana historic sites and historic structures established under IC 14-21-1.
        (2) Is not a covered bridge receiving funding for maintenance under IC 8-14-1-10.
    Sec. 3. Before June 1 of each year, the county executive of a county having a historic bridge located on the county's road system may request a grant.


    Sec. 4. Subject to the amount appropriated by the general assembly for historic bridge maintenance grants and not to exceed one hundred thousand dollars ($100,000) per state fiscal year, the annual grant amount for a county is one thousand two hundred fifty dollars ($1,250) for each historic bridge located on the county's road system.
     Sec. 5. Before September 1 of each year and subject to available funding, the auditor of state shall, by warrant drawn on the treasurer of state, distribute from the state general fund to each county the total amount to which the county is entitled for a grant under this chapter.
    Sec. 6. A county executive may commingle and accumulate money received under this chapter with money received under IC 8-14-1-10 for the maintenance of covered bridges.
    Sec. 7. A county executive shall use money received under this chapter only to maintain historic bridges or covered bridges in the county in a manner that the county executive determines.
    SECTION 2. IC 36-7-11-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) A unit may establish, by ordinance, a historic preservation commission with an official name designated in the ordinance. The commission must have not less than three (3) nor more than nine (9) voting members, as designated by the ordinance. The voting members shall be appointed by the executive of the unit, subject to the approval of the legislative body. Voting members shall each serve for a term of three (3) years. However, the terms of the original voting members may be for one (1) year, two (2) years, or three (3) years in order for the terms to be staggered, as provided by the ordinance. A vacancy shall be filled for the duration of the term. In the case of a commission with jurisdiction in a city having a population of more than ninety thousand (90,000) but less than one hundred ten thousand (110,000) located in a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000), the commission must after June 30, 2001, include as a voting member the superintendent of the largest school corporation in the city.
    (b) The ordinance may provide qualifications for members of the commission, but members must be residents of the unit who are interested in the preservation and development of historic areas. The members of the commission should include professionals in the disciplines of architectural history, planning, and other disciplines related to historic preservation, to the extent that those professionals

are available in the community. The ordinance may also provide for the appointment of advisory members that the legislative body considers appropriate.
    (c) The ordinance may:
        (1) designate an officer or employee of the unit to act as administrator;
        (2) permit the commission to appoint an administrator who shall serve without compensation except reasonable expenses incurred in the performance of the administrator's duties; or
        (3) provide that the commission act without the services of an administrator.
    (d) Members of the commission shall serve without compensation except for reasonable expenses incurred in the performance of their duties.
    (e) The commission shall elect from its membership a chairman and vice chairman, who shall serve for one (1) year and may be reelected.
    (f) The commission shall adopt rules consistent with this chapter for the transaction of its business. The rules must include the time and place of regular meetings and a procedure for the calling of special meetings. All meetings of the commission must be open to the public, and a public record of the commission's resolutions, proceedings, and actions must be kept. If the commission has an administrator, the administrator shall act as the commission's secretary, otherwise, the commission shall elect a secretary from its membership.
    (g) The commission shall hold regular meetings, at least monthly, except when it has no business pending.
    (h) A decision of the commission is subject to judicial review under IC 4-21.5-5 as if it was a decision of a state agency.
    SECTION 3. IC 36-7-11-8.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8.5. (a) When submitting a map to the legislative body under section 7 or 8 of this chapter, the commission may declare one (1) or more buildings or structures that are classified and designated as historic on the map to be under interim protection.
    (b) Not more than two (2) working days after declaring a building or structure to be under interim protection under this section, the commission shall, by personal delivery or first class mail, provide the owner or occupant of the building or structure with a written notice of the declaration. The written notice must:
        (1) cite the authority of the commission to put the building or structure under interim protection under this section;
        (2) explain the effect of putting the building or structure under

interim protection; and
        (3) indicate that the interim protection is temporary.
    (c) A building or structure put under interim protection under subsection (a) remains under interim protection until:
         (1) in a county other than a county described in subdivision (2), the map is:
            (1) (A) submitted to; and
            (2) (B) approved in an ordinance or rejected by;
        the legislative body of the unit; or
        (2) in a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000), the earlier of:
            (A) thirty (30) days after the building or structure is declared to be under interim protection; or
            (B) the date the map is:
                (i) submitted to; and
                (ii) approved in an ordinance or rejected by;
            the legislative body of the unit.

    (d) While a building or structure is under interim protection under this section:
        (1) the building or structure may not be demolished or moved; and
        (2) the exterior appearance of the building or structure may not be conspicuously changed by:
            (A) addition;
            (B) reconstruction; or
            (C) alteration.
    SECTION 4. IC 36-7-11-22 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 22. (a) This section applies only to a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
    (b) Notwithstanding any other provision, in the case of a building or structure owned by a political subdivision that is classified by a commission as historic and for which the classification is approved by the legislative body of the unit that established the commission, the commission may remove the historic classification of the building or structure without the adoption of an ordinance by the legislative body of the unit if the commission determines that removal of the classification is in the best interest of the unit and the political subdivision.