SB 297-1_ Filed 01/28/2008, 10:38 Drozda
SENATE MOTION
MADAM PRESIDENT:
I move
that Senate Bill 297 be amended to read as follows:
SOURCE: Page 5, line 5; (08)MO029702.5. -->
Page 5, after line 5, begin a new paragraph and insert:
SOURCE: IC 36-1.5-4-44; (08)MO029702.5. -->
"SECTION 5. IC 36-1.5-4-44 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 44. (a) A reorganized political
subdivision consisting of:
(1) two (2) or more townships; and
(2) at least one (1) municipality;
that have reorganized under IC 36-1.5 may exercise park and
recreation powers under IC 36-10 if the reorganized political
subdivision's plan of reorganization authorizes the reorganized
political subdivision to exercise those powers.
(b) If a reorganized political subdivision's plan of reorganization
authorizes the reorganized political subdivision to exercise park
and recreation powers under IC 36-10, the reorganized political
subdivision may establish a park and recreation board.
(c) A park and recreation board established by a reorganized
political subdivision under this section:
(1) shall exercise park and recreation functions within the
reorganized political subdivision; and
(2) has the powers and duties of both a municipal park and
recreation board and a township park and recreation board
under IC 36-10.
(d) A reorganized political subdivision may by resolution or in
the reorganized political subdivision's plan of reorganization
determine:
(1) the number of members to be appointed to the reorganized
political subdivision's park and recreation board;
(2) the person or entity that shall appoint or remove those
members;
(3) any required qualifications for those members; and
(4) the terms of those members.
SOURCE: IC 36-7-2-1; (08)MO029702.6. -->
SECTION 6. IC 36-7-2-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. (a) Except as provided in
subsection (b), this chapter applies to all units except townships.
(b) A unit consisting of:
(1) two (2) or more townships; and
(2) at least one (1) municipality;
that have reorganized under IC 36-1.5 may exercise planning and
zoning power under IC 36-7-4 if the unit's plan of reorganization
under IC 36-1.5 authorizes the unit to exercise planning and zoning
powers.
SOURCE: IC 36-7-4-107; (08)MO029702.7. -->
SECTION 7. IC 36-7-4-107 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 107. If a provision of this chapter requires a power to
be exercised by adoption of an ordinance, a unit described in
IC 36-7-2-1(b) shall exercise the power by adoption of a resolution.
SOURCE: IC 36-7-4-202.5; (08)MO029702.8. -->
SECTION 8. IC 36-7-4-202.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 202.5. (a) ADVISORY.
Notwithstanding any other law, the legislative body of a unit
described in IC 36-7-2-1(b) may establish by resolution an advisory
plan commission.
(b) ADVISORY. If an advisory plan commission is established
under this section by a unit described in IC 36-7-2-1(b) and the unit
adopts a comprehensive plan under this chapter:
(1) the plan commission of the unit shall exercise the planning
and zoning functions within the unit;
(2) the plan commission unit may not exercise planning and
zoning functions within a municipality that has established a
plan commission under this chapter (other than a
municipality that participated in the reorganization of the
unit under IC 36-1.5);
(3) a county plan commission may not exercise planning and
zoning functions within the unit; and
(4) except as provided in subdivision (2), a municipal plan
commission of a municipality (other than a municipality that
participated in the reorganization of the unit under IC 36-1.5)
may not exercise planning and zoning functions within the
unit.
Notwithstanding any other law, if a municipality (other than a
municipality that participated in the reorganization of the unit
under IC 36-1.5) annexes territory within a unit described in
IC 36-7-2-1(b) after the unit has established an advisory plan
commission under this section, the municipal plan commission of
that municipality may not exercise planning and zoning functions
within that annexed territory.
(c) ADVISORY. Except as specifically provided in this chapter,
an advisory plan commission established under this section by a
unit described in IC 36-7-2-1(b) shall exercise the planning and
zoning functions within the unit in the same manner that a
municipal plan commission established under this chapter
exercises planning and zoning functions for a municipality.
(d) ADVISORY. Notwithstanding any other provision, if an
advisory plan commission is established under this section by a unit
described in IC 36-7-2-1(b), the legislative body of the unit shall by
resolution or in the unit's plan of reorganization under IC 36-1.5
determine:
(1) the number of members to be appointed to the unit's
advisory plan commission;
(2) the person or entity that shall appoint or remove those
members;
(3) any required qualifications for those members;
(4) the terms of those members; and
(5) whether any members or advisory members shall be
appointed by the county in which the unit is located or by a
municipality located within the unit.
SOURCE: IC 36-7-4-901.5; (08)MO029702.9. -->
SECTION 9. IC 36-7-4-901.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 901.5. (a) If an advisory plan
commission is established under this section by a unit described in
IC 36-7-2-1(b) and the unit adopts a comprehensive plan under this
chapter, the legislative body of the unit shall establish a board of
zoning appeals.
(b) A board of zoning appeals established under this section:
(1) shall exercise its powers and duties under this chapter
within the unit in the same manner that a municipal board of
zoning appeals established under this chapter exercises
powers and duties under this chapter for a municipality; and
(2) may not exercise its powers and duties under this chapter
within a municipality that has established a plan commission
under this chapter (other than a municipality that
participated in the reorganization of the unit under
IC 36-1.5).
(c) Notwithstanding any other law, if the legislative body of a
unit described in IC 36-7-2-1(b) establishes a board of zoning
appeals under this section, the legislative body of the unit shall by
resolution determine:
(1) the number of members to be appointed to the unit's board
of zoning appeals;
(2) the person or entity that shall appoint or remove those
members;
(3) any required qualifications for those members; and
(4) the terms of those members.".
Renumber all SECTIONS consecutively.
(Reference is to SB 297 as printed January 25, 2008.)
________________________________________
Senator DROZDA