Reprinted

February 29, 2000





ENGROSSED

HOUSE BILL No. 1221

_____


DIGEST OF HB 1221 (Updated February 28, 2000 3:30 PM - DI 87)



Citations Affected: IC 36-7; IC 36-8; noncode.

Synopsis: Membership of advisory plan commission. Allows the county commissioners to appoint five citizen members to the county plan commission instead of four citizen members and a township trustee. Specifies that each member appointed to a county plan commission is entitled to be compensated at the same rate for mileage and receive the same compensation for serving on the commission as a county official who is also a member of the county plan commission. Legalizes the acts of a county plan commission that did not have a township trustee appointed to its membership on October 1, 1999.

Effective: September 30, 1999 (retroactive); upon passage; July 1, 2000.





Ripley , Stevenson , Cherry , Mellinger
(SENATE SPONSORS _ FORD, SKILLMAN, LEWIS)




    January 10, 2000, read first time and referred to Committee on Local Government.
    January 24, 2000, amended, reported _ Do Pass.
    February 1, 2000, read second time, amended, ordered engrossed.
    February 2, 2000, engrossed.
    February 7, 2000, read third time, passed. Yeas 92, nays 0.

SENATE ACTION

    February 10, 2000, read first time and referred to Committee on Governmental and Regulatory Affairs.
    February 24, 2000, amended, reported favorably _ Do Pass.
    February 28, 2000, read second time, amended, ordered engrossed.





Reprinted

February 29, 2000

Second Regular Session 111th General Assembly (2000)


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 1999 General Assembly.

ENGROSSED

HOUSE BILL No. 1221



    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:

SOURCE: IC 36-7-4-208; (00)EH1221.2.1. -->     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)EH1221.2.2. -->     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)EH1221.2.3. -->     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)EH1221.2.4. -->     SECTION 4. An emergency is declared for this act.