AN ACT to amend the Indiana Code concerning local government.
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.