Citations Affected: IC 8-10; IC 36-7; noncode.
Synopsis: Transportation and planning commissions. Expands the
types of studies that may be funded from the Indiana port fund to
include studies of transportation by water, intermodal transportation,
and other modes of transportation. Repeals and replaces the law
governing the Northwestern Indiana Regional Planning Commission
(NIRPC) as a coordinating agency in Lake, Porter, and LaPorte
counties. Establishes the purpose, powers, and duties of NIRPC.
Establishes the funding and budgeting mechanisms for the
commission. Authorizes the an alternative weighted voting system for
NIRPC.
Effective: July 1, 2003.
January 15, 2003, read first time and referred to Committee on Interstate and International
Cooperation.
February 26, 2003, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
expenditures of moneys advanced to said fund by the state of Indiana.
Requests for such approval shall be made in such form as shall be
prescribed by the budget committee, but expenditures for acquisition
of land including lands under water and riparian rights, or options for
the purchase of such land, shall be specifically requested and approved
as to the land to be acquired and the amount to be expended. No
transfers from said fund to any other fund of the state shall be made
except pursuant to legislative action. All unexpended funds
appropriated to the Indiana board of public harbors and terminals by
Acts 1957, c.286, s.6, are hereby transferred to and made a part of the
Indiana port fund created by this section, and shall be expended for the
purpose and in the manner provided by this chapter, subject only to the
restrictions contained in this chapter and no others; provided, however,
that not to exceed one hundred thousand dollars ($100,000) shall be
expended for any purpose other than the acquisition of land, including
lands under water and riparian rights, or options for the purchase of
such land for a port site, and incidental expenses incurred in connection
with such acquisition.
(b) Upon the sale of port revenue bonds for any port project, the
funds expended from the Indiana port fund in connection with the
development of such project and any obligation or expense incurred by
the commission for surveys, preparation of plans and specifications,
and other engineering or other services in connection with development
of such project shall be reimbursed to the state general fund from the
proceeds of such bonds.
than seven hundred thousand (700,000) participates, One (1)
person appointed by the executive of each of the seven (7) largest
municipalities having a population of less than fifty thousand
(50,000). If there are fewer than seven (7) municipalities, enough
additional persons appointed by the county executive to bring the
total appointed under this subdivision to seven (7).
(4) For a commission in which a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000) participates, the membership is as
follows:
(A) For a county having a population of not more than four
hundred thousand (400,000), one (1) person appointed by the
executive of each of the eight (8) largest municipalities having
a population of less than fifty thousand (50,000).
(B) For a county having a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000), one (1) person appointed by the executive
of each city having a population of less than fifty thousand
(50,000) and one (1) person appointed by the executive of
each of the five (5) towns with the largest population.
(c) The following members of the commission shall be appointed
from each county in the region having a population of less than fifty
thousand (50,000):
(1) One (1) person appointed by the executive of each of the five
(5) largest municipalities or of each municipality if there are
fewer than five (5).
(2) If there are fewer than five (5) municipalities, enough
additional persons appointed by the county executive to bring the
total appointed under this subsection to five (5).
(d) One (1) voting member of the commission shall be appointed by
the governor.
(e) At least two-thirds (2/3) of the commission members must be
elected officials. All persons appointed to the commission must be:
(1) knowledgeable in matters of physical, social, or economic
development of the region; and
(2) residents of the municipality, county, or region that they
represent.
A member of the commission may also serve as a member of a plan
commission in the region.
(f) Members of the commission shall serve without salary but may
be reimbursed for expenses incurred in the performance of their duties.
(g) The respective appointing authorities shall certify their
appointments, and the certification shall be retained as a part of the
records of the commission.
(h) This subsection applies to a commission that does not include
members from a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000).
If a vacancy occurs by resignation or otherwise, the respective
appointing authority shall appoint a member for the unexpired term.
Members shall be certified annually, and their terms expire on
December 31 of each year.
unless the commission authorizes their expenditure. Before the
expenditure of sums appropriated as provided in this section, a claim
must be filed and processed as other claims for allowance or
disallowance, for payment as provided by law.
(d) Any two (2) of the following officers may allow claims:
(1) Chairman.
(2) Vice chairman.
(3) Secretary.
(4) Treasurer.
The treasurer of the commission may receive, disburse, and otherwise
handle funds of the commission subject to applicable statutes and
procedures established by the commission.
(e) The commission shall act as a board of finance under the statutes
relating to the deposit of public funds by political subdivisions.
(f) Any appropriated money remaining unexpended or
unencumbered at the end of the year becomes part of a nonreverting
cumulative fund to be held in the name of the commission. Unbudgeted
expenditures from this fund may be authorized by vote of the
commission and upon other approval as required by statute. The
commission is responsible for the safekeeping and deposit of such
sums, and the state board of accounts shall prescribe the methods and
forms for keeping the accounts, records, and books to be used by the
commission. The books, records, and accounts of the commission shall
be periodically audited by the state board of accounts, and these audits
shall be paid for as provided by statute.
northwestern Indiana regional planning commission established by
section 3 of this chapter.
Sec. 3. The northwestern Indiana regional planning commission
is established for the area described in section 1 of this chapter.
Sec. 4. (a) The following members shall be appointed to the
commission:
(1) A member of the county executive of each county
described in section 1 of this chapter, to be appointed by the
county executive.
(2) A member of the county fiscal body of each county
described in section 1 of this chapter, to be appointed by the
county fiscal body.
(3) The county surveyor of each county described in section 1
of this chapter.
(4) For a county having a population of not more than four
hundred thousand (400,000), one (1) person appointed by the
executive of each of the eleven (11) largest municipalities.
(5) For a county having a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000), one (1) person appointed by the executive
of each of the nineteen (19) largest municipalities.
(b) One (1) voting member of the commission shall be appointed
by the governor. The member appointed under this subsection may
not vote in a weighted vote under section 9 of this chapter.
Sec. 5. (a) All commission members must be elected officials.
(b) All persons appointed to the commission must be:
(1) knowledgeable in matters of physical, social, or economic
development of the region; and
(2) residents of the municipality, county, or region that they
represent.
(c) A member of the commission may also serve as a member of
a plan commission in the region.
(d) Members of the commission shall serve without salary but
may be reimbursed for expenses incurred in the performance of
their duties.
(e) The respective appointing authorities shall certify their
appointments, and the certification shall be retained as a part of
the records of the commission.
(f) Each member serves at the pleasure of the appointing
authority. The appointing authority shall give written notice to the
commission of a change of an appointee and the effective date of
that change.
(g) If a vacancy occurs by resignation or otherwise, the
appointing authority shall promptly appoint a replacement
member.
(h) If a member of the commission is absent for more than three
(3) consecutive meetings of the full commission, the commission
shall notify that member's appointing authority and request the
appointing authority to do one (1) of the following:
(1) Replace the member.
(2) Take action to assure the member's conscientious
attendance at meetings of the full commission.
Sec. 6. (a) At its first regular meeting in each year, the
commission shall elect from its members a chairperson, vice
chairperson, secretary, and treasurer.
(b) Not more than two (2) of the officers elected under
subsection (a) may be from the same county. If the area served by
the commission is divided into subregions under section 19 of this
chapter, there must be at least one (1) officer from each subregion.
(c) The vice chairperson may act as chairperson during the
absence or disability of the chairperson.
Sec. 7. (a) The commission shall fix the time and place for
holding regular meetings, but it shall meet:
(1) at least quarterly; and
(2) at other times established by the commission or the
executive board of the commission.
(b) The chairperson of the commission or five (5) members of
the commission may call a special meeting of the commission upon
written request to the secretary of the commission. The secretary
shall send to all commission members at least forty-eight (48) hours
in advance of a special meeting a written notice fixing the time and
place of the special meeting. Written notice of a special meeting is
not required if:
(1) the time of the special meeting has been fixed in a regular
meeting; or
(2) all members are present at the special meeting.
(c) A commission member may waive notice of any meeting by
filing a written waiver with the secretary of the commission.
Sec. 8. The commission shall adopt rules for the transaction of
business and shall keep a record of its resolutions, transactions,
findings, and determinations. The commission's record is a public
record.
Sec. 9. (a) Twenty-six (26) commission members constitute a
quorum.
(b) An action of the commission is official only if both the
following apply:
(1) The action is authorized at a regular meeting or a properly
called special meeting in which at least one (1) member from
each county described in section 1 of this chapter is present.
(2) The action is authorized by:
(A) the affirmative votes of twenty-six (26) members of the
commission; or
(B) a weighted affirmative vote of more than fifty (50) if a
motion is made under subsection (c).
(c) Upon a motion by any one (1) member of the commission
that is properly seconded by another member at:
(1) a regular meeting; or
(2) a properly called special meeting;
the commission shall use the weighted voting process described in
subsection (d).
(d) Each commission member has a weighted vote determined
as follows:
(1) In the case of a member appointed by the executive of a
municipality, the member's weighted vote is determined in
STEP FIVE of the following formula:
STEP ONE: Determine the population of the municipality
as reported by the 2000 decennial census.
STEP TWO: Determine the sum population of the counties
described in section 1 of this chapter as reported by the
2000 decennial census.
STEP THREE: Divide the number determined in STEP
ONE by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by one hundred (100).
(2) In the case of a member appointed by the executive of a
county, the member's weighted vote is determined in STEP
FIVE of the following formula:
STEP ONE: Determine the population of the area in the
county that is not within a municipality as reported by the
2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported
by the 2000 decennial census.
STEP THREE: Divide the number determined in STEP
ONE by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by fifty (50).
(3) In the case of a member appointed by a fiscal body, the
member's weighted vote is determined in STEP FIVE of the
following formula:
STEP ONE: Determine the population of the area in the
county that is not within a municipality as reported by the
2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported
by the 2000 decennial census.
STEP THREE: Divide the number determined in STEP
ONE by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by fifty (50).
Sec. 10. (a) The commission shall elect from among its members
by simple majority vote an executive board that consists of the
following:
(1) The four (4) officers of the commission.
(2) One (1) member of the commission from each county
described in section 1 of this chapter.
(3) The member of the commission appointed by the governor.
(b) The members of the executive board referred to in
subsection (a)(2) shall be elected by a vote of the full membership
of the commission.
(c) If a vacancy occurs in a position on the executive board
referred to in subsection (a)(2), a successor shall be elected from
among the members in the same manner as the member whose
position has been vacated.
(d) The executive board shall conduct the business of the
commission, except for:
(1) the adoption and amendment of bylaws, rules, and
procedures for the operation of the commission;
(2) the election of officers and members of the executive board
as provided in this chapter; and
(3) the adoption of the annual appropriation budget after
review by the executive board.
and documents of the commission; and
(8) shall perform other duties and may exercise other powers
that the commission or the executive board delegates to the
executive director.
Sec. 12. The purpose of the commission is to institute and
maintain a comprehensive planning and programming process for:
(1) transportation;
(2) economic development; and
(3) environmental;
policy and provide a coordinative management process for the
counties described in section 1 of this chapter. The commission
shall coordinate its activities with all member units in the counties
and shall coordinate and assist the planning programs of member
units and the state that are related to its purpose.
Sec. 13. The commission may do any of the following in support
of a purpose listed under section 12 of this chapter:
(1) Transact business and enter into contracts.
(2) Receive grants or appropriations from federal, state, or
local governmental entities or from individuals or foundations
and enter into agreements or contracts regarding the
acceptance or use of those grants and appropriations to carry
out any of the activities of the commission.
(3) Apply for, receive, and disburse gifts, contributions, and
grants of funds or in-kind services.
(4) Acquire by grant, purchase, gift, devise, lease, or otherwise
and hold, use, sell, improve, maintain, operate, own, manage,
lease, or dispose of:
(A) real and personal property of every kind and nature;
and
(B) any right and interest;
as necessary for the exercise of, or convenient or useful for the
carrying out of, the commission's purposes under this chapter.
(5) Make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of the
commission's purposes.
(6) Employ and fix the reasonable compensation of any
employees and agents the commission considers necessary.
(7) Contract for special and temporary services and for
professional assistance.
(8) Hold, use, administer, and expend money that is
appropriated or transferred to the commission.
(9) Make contracts and leases for facilities and services.
(10) Act as a coordinating agency for programs and activities
of other public and private agencies that are related to the
commission's objectives.
(11) Enter into agreements or partnerships to do the
following:
(A) Assist in coordinating activities involving state and
local government, business organizations, and nonprofit
organizations.
(B) Assist in the development and implementation of
programs by other regional agencies and entities.
(12) Enter into coordinative arrangements with:
(A) any unit of government in Indiana or an adjoining
state;
(B) an overlapping multicounty or interstate planning or
development agency;
(C) a state agency;
(D) a federal agency;
(E) a private entity; or
(F) a minority business enterprise as defined by
IC 4-13-16.5;
that are appropriate to the achievement of the commission's
objectives or to address a common issue.
(13) Provide any administrative, management, or technical
services to a unit of local government that requests the
services. The local unit and the commission may enter into a
contract concerning the commission's provision of
administrative, management, or technical services and the
cost to the local unit for the services.
(14) Conduct all necessary studies for the accomplishment of
the commission's purpose.
(15) Publicize the commission's purposes, objectives, and
findings and distribute reports on those purposes, objectives,
and findings.
(16) Provide recommendations to units of local government
and to other public and private agencies.
Sec. 14. The commission may adopt by resolution any regional
comprehensive or functional plan, program, or policy as the
commission's official recommendation for the development of the
region, subject to the power of a county to exempt itself under
section 15 of this chapter. The commission shall provide an annual
report of its activities to the legislative bodies of the counties and
municipalities in the region.
Sec. 15. If the commission receives a petition that:
(1) is signed by a majority of the commission members
representing a county affected by a particular program; and
(2) objects to the establishment of the program within that
county;
the commission may not implement the program in that county.
Sec. 16. (a) The commission must appoint advisory committees
to assist in the achievement of its objectives. The membership of
advisory committees shall not be limited to the members of the
commission.
(b) At least one (1) advisory committee must be appointed with
a membership that is representative of the private sector of the
communities served by the commission and must include members
representative of:
(1) higher education institutions;
(2) minority business enterprises;
(3) labor and workforce organizations; and
(4) manufacturing entities;
active in at least one (1) of the communities served by the
commission.
(c) Members of advisory committees are not entitled to
compensation for their services but may be reimbursed by the
commission for expenses incurred in the performance of their
duties.
Sec. 17. The commission may not implement, enter into an
agreement for, or propose a program that includes interstate
wastewater management or disposal.
Sec. 18. A county or municipality may periodically, upon the
request of the commission, assign or detail to the commission any
employees of the county or municipality to make special surveys or
studies requested by the commission.
Sec. 19. (a) The commission may organize into subregions and
provide for the following:
(1) The organization of subregional councils.
(2) Meetings and rules of procedure of the subregional
councils. The rules of procedure of the subregional councils
may be adopted as a part of the rules and bylaws of the
commission.
(b) The actions of each subregional council shall be referred to
the other subregional council for review. The executive director
and staff of the commission shall serve both subregional councils.
Each subregional council shall consider problems that do not
directly affect the other subregion. Each subregional council may
hold meetings and elect a chairperson and secretary from among
its own members.
Sec. 20. (a) The commission shall prepare and adopt an annual
appropriation budget for its operation. The appropriation budget
shall be apportioned to each participating county on a pro rata per
capita basis. After adoption of the appropriation budget, any
amount that does not exceed an amount for each participating
county equal to seventy cents ($0.70) per capita for each
participating county shall be certified to the respective county
auditor. The county auditor shall advertise the amount and
establish the rate in the same manner as for other county budgets,
with the exception that the rate may exceed the levy limitations
contained in IC 6-1.1-18.5-13.
(b) The tax levied under this section and certified shall be
estimated and entered upon the tax duplicates by the county
auditor and shall be collected and enforced by the county treasurer
in the same manner as other county taxes are estimated, entered,
collected, and enforced. The tax collected by the county treasurer
shall be transferred to the commission.
(c) In fixing and determining the amount of the necessary levy
for the purpose provided in this section, the commission shall take
into consideration the amount of revenue, if any, to be derived
from federal grants, contractual services, and miscellaneous
revenues above the amount of those revenues considered necessary
to be applied upon or reserved upon the operation, maintenance,
and administrative expenses for working capital throughout the
year.
(d) After the budget is approved, amounts may not be expended
except as budgeted unless the commission authorizes their
expenditure. Before the expenditure of sums appropriated as
provided in this section, a claim must be filed and processed as
other claims for allowance or disallowance for payment as
provided by law.
(e) Any two (2) of the following officers may allow claims:
(1) Chairperson.
(2) Vice chairperson.
(3) Secretary.
(4) Treasurer.
(f) The treasurer of the commission may receive, disburse, and
otherwise handle funds of the commission, subject to applicable
statutes and to procedures established by the commission.
(g) The commission shall act as a board of finance under the
statutes relating to the deposit of public funds by political
subdivisions.
(h) Any appropriated money remaining unexpended or
unencumbered at the end of a year becomes part of a nonreverting
cumulative fund to be held in the name of the commission.
Unbudgeted expenditures from this fund may be authorized by
vote of the commission and upon other approval as required by
statute. The commission is responsible for the safekeeping and
deposit of the amounts in the nonreverting cumulative fund, and
the state board of accounts shall prescribe the methods and forms
for keeping the accounts, records, and books to be used by the
commission. The books, records, and accounts of the commission
shall be audited periodically by the state board of accounts, and
those audits shall be paid for as provided by statute.