Second Regular Session 113th General Assembly (2004)


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.
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    HOUSE ENROLLED ACT No. 1204



     AN ACT to amend the Indiana Code concerning local government.

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

SOURCE: IC 36-7-33; (04)HE1204.1.1. -->     SECTION 1. IC 36-7-33 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]:
     Chapter 33. State Institution Reuse Authority
    Sec. 1. As used in this chapter, "authority" refers to a state institution reuse authority established under this chapter.
    Sec. 2. As used in this chapter, "property" refers to real property that was used by a state institution.
    Sec. 3. As used in this chapter, "state institution" has the meaning set forth in IC 12-7-2-184.
    Sec. 4. The legislative body of a municipality may adopt an ordinance to establish an authority to develop, manage, and plan for the use of property transferred by the state to the municipality.
    Sec. 5. An ordinance adopted under this chapter must provide for the following:
        (1) A board to govern the authority. The ordinance must provide for the following details regarding the board:
            (A) The number of members.
            (B) The manner of the appointment of the members.
            (C) The term of office of board members. The term of office of a board member may not exceed four (4) years.
            (D) The rules for the board's governance.
        (2) The authority's and the board's powers and duties. The ordinance may not provide that the authority or the board has a power or duty that the municipality itself does not have.
    Sec. 6. Subject to section 5 of this chapter, an authority and the authority's board have the powers and duties set forth in the ordinance that establishes the authority.


HEA 1204

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