IC 36-7-7
Chapter 7. Regional Planning Commissions
IC 36-7-7-1 Application of chapter
Sec. 1. This chapter applies to any area consisting of two (2) or
more counties (referred to as a "region" in this chapter). As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-2 Establishment
Sec. 2. (a) The legislative bodies of all the counties in a region
may, by concurrent resolutions, request the establishment of a
regional planning commission (referred to as a "commission" in this
chapter). Official copies of the resolutions must be forwarded to the
governor, who shall then appoint himself or a member of his staff to
immediately notify the other members of the commission and to act
as temporary chairman for the election of officers. The commission
shall, by resolution, designate a name for itself that reflects the
commission's role and function and that may include the words
"Regional Planning Commission".
(b) This subsection applies to each commission established after
July 1, 1978. A county participating in a commission is not subject
to the tax imposed under section 12 of this chapter, unless all the
concurrent resolutions establishing the commission accept the
application of the tax. As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.144-1992,
SEC.1.
IC 36-7-7-3 Counties transferring membership between commissions or joining
existing commissions; procedure
Sec. 3. (a) A county may request a change in its participation from
one commission to another, or request to join a commission if it is
not participating, under subsection (b).
(b) The legislative body of the county must, by resolution, request
the inclusion of the county in the commission. The county auditor
shall transmit a copy of the resolution to the governor, the chairman
of the commission, and, if applicable, the chairman of the
commission that the county is requesting to leave.
(c) The commission to be joined may consider a request under
subsection (b). It may, by a majority vote of all its members, adopt
a resolution including the requesting county in the commission.
(d) Whenever a resolution is adopted under subsection (c), the
chairman of the commission shall call a meeting to organize the
enlarged commission. He shall call to this meeting all members of
the commission plus:
(1) if the new county is changing its participation from one
commission to another, the persons from that county who
served on the commission that the county is leaving; or
(2) if the new county has not been participating, a representative
of the executive of that county. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-4 Members; appointment; compensation; certification; vacancies
Sec. 4. (a) The following members of the commission shall be
appointed from each county in the region:
(1) A representative of the county executive who may be either
a member of the executive or a person appointed by it.
(2) A representative of the county fiscal body who must be a
member of the fiscal body.
(b) The following members of the commission shall be appointed
from each county in the region having a population of more than fifty
thousand (50,000):
(1) The county surveyor or a person appointed by the surveyor.
(2) Two (2) persons appointed by the executive of each
municipality having a population of more than fifty thousand
(50,000).
(3) 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).
(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) 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. As added by Acts 1981, P.L.309, SEC.26. Amended by Acts 1981,
P.L.310, SEC.63; P.L.144-1992, SEC.2; P.L.168-1994, SEC.1;
P.L.165-2003, SEC.4.
IC 36-7-7-4.1
Repealed
(Repealed by P.L.165-2003, SEC.7.)
IC 36-7-7-5 Officers; meetings; notice; rules; record of proceedings; quorum
Sec. 5. (a) At its first regular meeting in each year the commission
shall elect from its members a chairman, vice chairman, secretary,
and a treasurer, not more than two (2) of whom may be from the
same county. If the region is divided into subregions under section
10 of this chapter, there must be at least one (1) officer from each
subregion. The vice chairman may act as chairman during the
absence or disability of the chairman.
(b) The commission shall fix the time and place for holding
regular meetings, but it shall meet at least quarterly and at such other
times as may be established by the commission or the executive
board. Special meetings of the commission may be called by the
chairman or by five (5) members of the commission upon written
request to the secretary. The secretary shall send to all the members
at least forty-eight (48) hours in advance of a special meeting a
written notice fixing the time and place of the meeting. Written
notice of a special meeting is not required if the time of the special
meeting has been fixed in a regular meeting, or if all the members are
present at the special meeting. Notice of any meeting may be waived
by a member by a written waiver filed with the secretary.
(c) The commission shall adopt rules for the transaction of
business and shall keep a record of its resolutions, transactions,
findings, and determinations, which is a public record.
(d) A majority of members constitutes a quorum. An action of the
commission is official, however, only if it is authorized by a majority
of the commission at a regular or properly called special meeting
with at least one (1) member from each county in the region present. As added by Acts 1981, P.L.309, SEC.26. Amended by Acts 1981,
P.L.310, SEC.64.
IC 36-7-7-6 Executive board
Sec. 6. (a) The commission shall elect from among its members
an executive board consisting of:
(1) the four (4) officers of the commission;
(2) one (1) member of the commission from each county in the
region;
(3) one (1) additional member of the commission from each
county in the region having a population of more than fifty
thousand (50,000); and
(4) the nonvoting member of the commission appointed by the
governor.
All members shall be elected by a vote of the full membership of the
commission.
(b) If a vacancy occurs in the executive board a successor shall be
elected from among the members in the same manner as the member
whose position has been vacated.
(c) 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.
(d) The executive board shall meet regularly at least once each
month, unless otherwise determined by its members. The executive
board shall notify the full membership of the commission of all its
meetings with copies of its preliminary or final agendas and shall
report all its actions and determinations to the full membership of the
commission.
(e) A majority of members constitutes a quorum. An action of the
executive board is official, however, only if it is authorized by a
majority of the board at a regular or properly called special meeting.
Any action of the executive board shall be reviewed at the next
regular meeting of the commission following the executive board's
action, and upon the written request of a member of the commission,
the action shall be brought to a vote of the full commission. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-7 Powers and duties
Sec. 7. (a) The commission shall institute and maintain a
comprehensive policy planning and programming and coordinative
management process for the region. It shall coordinate its activities
with all units in the region and shall coordinate the planning
programs of all units and the state. Except when a commission
exercises powers under subsection (j), the commission shall act in an
advisory capacity only.
(b) The commission may provide technical assistance to any unit
in the region that requests it. This technical assistance includes the
provision of skills and knowledge for planning, developing,
administering, improving, and securing:
(1) public and private grants-in-aid;
(2) cooperative arrangements between governments; and
(3) the performance of governmental powers and duties.
(c) The commission may divide its jurisdiction into subregions
under section 10 of this chapter for purposes appropriate to the study,
analysis, or coordination of specific problems or concerns. The
commission may conduct all necessary studies for the
accomplishment of its duties. It may publicize and advertise its
purposes, objectives, and findings and may distribute reports on
them. It may provide recommendations when requested to the
participating units and to other public and private agencies in matters
relative to its functions and objectives and may act when requested
as a coordinating agency for programs and activities of such agencies
as they relate to its objectives. The commission may not implement,
enter into an agreement for, or propose a program that includes
interstate wastewater management or disposal.
(d) The commission may adopt by resolution any regional
comprehensive or functional plan, program, or policy as its official
recommendation for the development of the region, subject to the
power of a county to exempt itself under section 9 of this chapter.
The commission shall make an annual report of its activities to the
legislative bodies of the counties and municipalities in the region.
(e) The commission may receive grants from federal, state, or
local governmental entities or from individuals or foundations, and
may enter into agreements or contracts regarding the acceptance or
use of those grants and appropriations for the purpose of carrying out
any of the activities of the commission. A county or municipality
may, from time to time upon the request of the commission, assign
or detail to the commission any employees to make special surveys
or studies requested by the commission.
(f) For the sole purpose of providing adequate public services, the
commission may acquire by grant, gift, purchase, lease, devise, or
otherwise and hold, use, improve, maintain, operate, own, manage,
or lease (as lessor or lessee) such real or personal property as the
commission considers necessary for that purpose. The commission
may apply for, receive, and expend grants, loans, or any other form
of financial assistance available under any federal grant program.
(g) The commission may enter into coordinative arrangements
with any adjacent county or municipality in Indiana or an adjoining
state, or with an overlapping multicounty or interstate planning or
development agency, state agency, or federal agency, as are
appropriate to the achievement of its objectives or to address a
common issue. However, the commission may not delegate any of its
powers or duties.
(h) The commission may appoint advisory committees to assist in
the achievement of its objectives. Members of advisory committees
are not entitled to compensation for their services but may be
reimbursed for expenses incurred in the performance of their duties.
(i) The commission shall act as the designated review agency and
as the clearinghouse as described in federal Office of Management
and Budget Circular A-95.
(j) The commission may provide administrative, management, or
technical services to a unit that requests the services. The 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 unit for the services. As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.145-1992,
SEC.1.
IC 36-7-7-8 Agreements with other states
Sec. 8. Counties in the region may enter into agreements with
other states, but these agreements do not affect other counties,
subregions, or the region. One subregion may also contract with
other subregions for services or programs. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-9 Objections to program; petition
Sec. 9. Whenever the commission receives a petition signed by a
majority of the commission members representing a county affected
by a particular program, objecting to the establishment of the
program within that county, the commission may not implement the
program in that county. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-10 Subregional committees
Sec. 10. (a) A commission may organize into not more than two
(2) subregions and provide for the organization of two (2)
subregional planning committees, and for meetings and rules of
procedure of those committees. These rules of procedure shall be
adopted as a part of the rules and bylaws of the commission.
(b) The actions of each subregional committee shall be referred
to the other for review. The executive director and staff of the
commission shall serve both subregional committees. Each
subregional committee shall consider problems that do not directly
affect the other subregion. Each subregional committee may hold
meetings and elect a chairman and secretary from among its own
members. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-11 Executive director; powers and duties
Sec. 11. (a) The commission shall appoint an executive director
who shall serve at the pleasure of the commission as reviewed and
recommended by the executive board. The executive director must
be qualified by training and experience in the management of public
agencies and knowledgeable in planning.
(b) The executive director is the chief administrative officer and
regular technical advisor of the commission. Subject to supervision
by the commission, the executive director:
(1) shall execute the commission functions;
(2) shall appoint and remove the staff of the commission;
(3) shall submit to the commission annually, or more often if
required, a status report on the operation of the agency;
(4) may, with the approval of the executive board, execute
contracts, leases, or agreements on behalf of the commission
with other persons;
(5) is entitled, upon his written request, to be given access by all
governmental agencies to all studies, reports, surveys, records,
and other information and material in their possession that are
required by him for the accomplishment of the activities and
objectives of the commission;
(6) shall propose annually a budget for the operation of the
commission and administer the budget as approved by the
commission;
(7) shall keep the records and care for and preserve all papers
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 him. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-12 Annual appropriation budget; tax levy; use of funds
Sec. 12. (a) The commission shall prepare and adopt an annual
appropriation budget for its operation, which shall be apportioned to
each participating county on a pro rata per capita basis. After
adoption, any amount that does not exceed an amount for each
participating county equal to thirty cents ($0.30) per capita shall be
certified to the respective county auditor who shall advertise the
amount and establish the rate in the same manner as other county
budgets. Any amount of the adopted budget that exceeds an amount
equal to thirty cents ($0.30) per capita for each participating county
is subject to review by the county fiscal body in the usual manner of
budget review. The tax so levied 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, as collected by the county treasurer, shall be transferred to
the commission.
(b) 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 the
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.
(c) After approval no sums may 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.
(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. As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.144-1992,
SEC.4; P.L.165-2003, SEC.5.
IC 36-7-7-13 Economic development districts; definition; payments by counties;
use of funds
Sec. 13. (a) An economic development district is a group of
adjacent counties that:
(1) contains at least two (2) redevelopment counties;
(2) includes an economic development growth center; and
(3) has been officially designated as an economic development
district by the federal government under Title 42, U.S.C. section
3171, on the recommendation of the state.
(b) Counties may make payments to officially designated
economic development districts. The board of directors of the
economic development district shall determine the amount of the
payments, which may be based on the assessed valuation or the
population of each county, and the method of making the payments,
subject to appropriations by the fiscal bodies of the counties
comprising the economic development district.
(c) The economic development district may receive and expend
all sums appropriated or granted to it for purposes and activities
authorized by law, and shall deposit these sums in its own name and
follow all accounting, bonding, and auditing procedures required by
law.
(d) The economic development district is responsible for the
administration, safekeeping, and deposit of any monies appropriated
or granted to it, and may delegate all or part of that responsibility to
a designated financial officer.
(e) The economic development district may receive grants from
federal, state, or local governments for the purpose of carrying out
any of the planning and development activities of the district.
(f) Any sums appropriated to an economic development district
that remain uncommitted at the end of the budget year revert on a pro
rata basis to the general funds of the counties comprising the district. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7
Chapter 7. Regional Planning Commissions
IC 36-7-7-1 Application of chapter
Sec. 1. This chapter applies to any area consisting of two (2) or
more counties (referred to as a "region" in this chapter). As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-2 Establishment
Sec. 2. (a) The legislative bodies of all the counties in a region
may, by concurrent resolutions, request the establishment of a
regional planning commission (referred to as a "commission" in this
chapter). Official copies of the resolutions must be forwarded to the
governor, who shall then appoint himself or a member of his staff to
immediately notify the other members of the commission and to act
as temporary chairman for the election of officers. The commission
shall, by resolution, designate a name for itself that reflects the
commission's role and function and that may include the words
"Regional Planning Commission".
(b) This subsection applies to each commission established after
July 1, 1978. A county participating in a commission is not subject
to the tax imposed under section 12 of this chapter, unless all the
concurrent resolutions establishing the commission accept the
application of the tax. As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.144-1992,
SEC.1.
IC 36-7-7-3 Counties transferring membership between commissions or joining
existing commissions; procedure
Sec. 3. (a) A county may request a change in its participation from
one commission to another, or request to join a commission if it is
not participating, under subsection (b).
(b) The legislative body of the county must, by resolution, request
the inclusion of the county in the commission. The county auditor
shall transmit a copy of the resolution to the governor, the chairman
of the commission, and, if applicable, the chairman of the
commission that the county is requesting to leave.
(c) The commission to be joined may consider a request under
subsection (b). It may, by a majority vote of all its members, adopt
a resolution including the requesting county in the commission.
(d) Whenever a resolution is adopted under subsection (c), the
chairman of the commission shall call a meeting to organize the
enlarged commission. He shall call to this meeting all members of
the commission plus:
(1) if the new county is changing its participation from one
commission to another, the persons from that county who
served on the commission that the county is leaving; or
(2) if the new county has not been participating, a representative
of the executive of that county. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-4 Members; appointment; compensation; certification; vacancies
Sec. 4. (a) The following members of the commission shall be
appointed from each county in the region:
(1) A representative of the county executive who may be either
a member of the executive or a person appointed by it.
(2) A representative of the county fiscal body who must be a
member of the fiscal body.
(b) The following members of the commission shall be appointed
from each county in the region having a population of more than fifty
thousand (50,000):
(1) The county surveyor or a person appointed by the surveyor.
(2) Two (2) persons appointed by the executive of each
municipality having a population of more than fifty thousand
(50,000).
(3) 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).
(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) 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. As added by Acts 1981, P.L.309, SEC.26. Amended by Acts 1981,
P.L.310, SEC.63; P.L.144-1992, SEC.2; P.L.168-1994, SEC.1;
P.L.165-2003, SEC.4.
IC 36-7-7-4.1
Repealed
(Repealed by P.L.165-2003, SEC.7.)
IC 36-7-7-5 Officers; meetings; notice; rules; record of proceedings; quorum
Sec. 5. (a) At its first regular meeting in each year the commission
shall elect from its members a chairman, vice chairman, secretary,
and a treasurer, not more than two (2) of whom may be from the
same county. If the region is divided into subregions under section
10 of this chapter, there must be at least one (1) officer from each
subregion. The vice chairman may act as chairman during the
absence or disability of the chairman.
(b) The commission shall fix the time and place for holding
regular meetings, but it shall meet at least quarterly and at such other
times as may be established by the commission or the executive
board. Special meetings of the commission may be called by the
chairman or by five (5) members of the commission upon written
request to the secretary. The secretary shall send to all the members
at least forty-eight (48) hours in advance of a special meeting a
written notice fixing the time and place of the meeting. Written
notice of a special meeting is not required if the time of the special
meeting has been fixed in a regular meeting, or if all the members are
present at the special meeting. Notice of any meeting may be waived
by a member by a written waiver filed with the secretary.
(c) The commission shall adopt rules for the transaction of
business and shall keep a record of its resolutions, transactions,
findings, and determinations, which is a public record.
(d) A majority of members constitutes a quorum. An action of the
commission is official, however, only if it is authorized by a majority
of the commission at a regular or properly called special meeting
with at least one (1) member from each county in the region present. As added by Acts 1981, P.L.309, SEC.26. Amended by Acts 1981,
P.L.310, SEC.64.
IC 36-7-7-6 Executive board
Sec. 6. (a) The commission shall elect from among its members
an executive board consisting of:
(1) the four (4) officers of the commission;
(2) one (1) member of the commission from each county in the
region;
(3) one (1) additional member of the commission from each
county in the region having a population of more than fifty
thousand (50,000); and
(4) the nonvoting member of the commission appointed by the
governor.
All members shall be elected by a vote of the full membership of the
commission.
(b) If a vacancy occurs in the executive board a successor shall be
elected from among the members in the same manner as the member
whose position has been vacated.
(c) 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.
(d) The executive board shall meet regularly at least once each
month, unless otherwise determined by its members. The executive
board shall notify the full membership of the commission of all its
meetings with copies of its preliminary or final agendas and shall
report all its actions and determinations to the full membership of the
commission.
(e) A majority of members constitutes a quorum. An action of the
executive board is official, however, only if it is authorized by a
majority of the board at a regular or properly called special meeting.
Any action of the executive board shall be reviewed at the next
regular meeting of the commission following the executive board's
action, and upon the written request of a member of the commission,
the action shall be brought to a vote of the full commission. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-7 Powers and duties
Sec. 7. (a) The commission shall institute and maintain a
comprehensive policy planning and programming and coordinative
management process for the region. It shall coordinate its activities
with all units in the region and shall coordinate the planning
programs of all units and the state. Except when a commission
exercises powers under subsection (j), the commission shall act in an
advisory capacity only.
(b) The commission may provide technical assistance to any unit
in the region that requests it. This technical assistance includes the
provision of skills and knowledge for planning, developing,
administering, improving, and securing:
(1) public and private grants-in-aid;
(2) cooperative arrangements between governments; and
(3) the performance of governmental powers and duties.
(c) The commission may divide its jurisdiction into subregions
under section 10 of this chapter for purposes appropriate to the study,
analysis, or coordination of specific problems or concerns. The
commission may conduct all necessary studies for the
accomplishment of its duties. It may publicize and advertise its
purposes, objectives, and findings and may distribute reports on
them. It may provide recommendations when requested to the
participating units and to other public and private agencies in matters
relative to its functions and objectives and may act when requested
as a coordinating agency for programs and activities of such agencies
as they relate to its objectives. The commission may not implement,
enter into an agreement for, or propose a program that includes
interstate wastewater management or disposal.
(d) The commission may adopt by resolution any regional
comprehensive or functional plan, program, or policy as its official
recommendation for the development of the region, subject to the
power of a county to exempt itself under section 9 of this chapter.
The commission shall make an annual report of its activities to the
legislative bodies of the counties and municipalities in the region.
(e) The commission may receive grants from federal, state, or
local governmental entities or from individuals or foundations, and
may enter into agreements or contracts regarding the acceptance or
use of those grants and appropriations for the purpose of carrying out
any of the activities of the commission. A county or municipality
may, from time to time upon the request of the commission, assign
or detail to the commission any employees to make special surveys
or studies requested by the commission.
(f) For the sole purpose of providing adequate public services, the
commission may acquire by grant, gift, purchase, lease, devise, or
otherwise and hold, use, improve, maintain, operate, own, manage,
or lease (as lessor or lessee) such real or personal property as the
commission considers necessary for that purpose. The commission
may apply for, receive, and expend grants, loans, or any other form
of financial assistance available under any federal grant program.
(g) The commission may enter into coordinative arrangements
with any adjacent county or municipality in Indiana or an adjoining
state, or with an overlapping multicounty or interstate planning or
development agency, state agency, or federal agency, as are
appropriate to the achievement of its objectives or to address a
common issue. However, the commission may not delegate any of its
powers or duties.
(h) The commission may appoint advisory committees to assist in
the achievement of its objectives. Members of advisory committees
are not entitled to compensation for their services but may be
reimbursed for expenses incurred in the performance of their duties.
(i) The commission shall act as the designated review agency and
as the clearinghouse as described in federal Office of Management
and Budget Circular A-95.
(j) The commission may provide administrative, management, or
technical services to a unit that requests the services. The 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 unit for the services. As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.145-1992,
SEC.1.
IC 36-7-7-8 Agreements with other states
Sec. 8. Counties in the region may enter into agreements with
other states, but these agreements do not affect other counties,
subregions, or the region. One subregion may also contract with
other subregions for services or programs. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-9 Objections to program; petition
Sec. 9. Whenever the commission receives a petition signed by a
majority of the commission members representing a county affected
by a particular program, objecting to the establishment of the
program within that county, the commission may not implement the
program in that county. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-10 Subregional committees
Sec. 10. (a) A commission may organize into not more than two
(2) subregions and provide for the organization of two (2)
subregional planning committees, and for meetings and rules of
procedure of those committees. These rules of procedure shall be
adopted as a part of the rules and bylaws of the commission.
(b) The actions of each subregional committee shall be referred
to the other for review. The executive director and staff of the
commission shall serve both subregional committees. Each
subregional committee shall consider problems that do not directly
affect the other subregion. Each subregional committee may hold
meetings and elect a chairman and secretary from among its own
members. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-11 Executive director; powers and duties
Sec. 11. (a) The commission shall appoint an executive director
who shall serve at the pleasure of the commission as reviewed and
recommended by the executive board. The executive director must
be qualified by training and experience in the management of public
agencies and knowledgeable in planning.
(b) The executive director is the chief administrative officer and
regular technical advisor of the commission. Subject to supervision
by the commission, the executive director:
(1) shall execute the commission functions;
(2) shall appoint and remove the staff of the commission;
(3) shall submit to the commission annually, or more often if
required, a status report on the operation of the agency;
(4) may, with the approval of the executive board, execute
contracts, leases, or agreements on behalf of the commission
with other persons;
(5) is entitled, upon his written request, to be given access by all
governmental agencies to all studies, reports, surveys, records,
and other information and material in their possession that are
required by him for the accomplishment of the activities and
objectives of the commission;
(6) shall propose annually a budget for the operation of the
commission and administer the budget as approved by the
commission;
(7) shall keep the records and care for and preserve all papers
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 him. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-12 Annual appropriation budget; tax levy; use of funds
Sec. 12. (a) The commission shall prepare and adopt an annual
appropriation budget for its operation, which shall be apportioned to
each participating county on a pro rata per capita basis. After
adoption, any amount that does not exceed an amount for each
participating county equal to thirty cents ($0.30) per capita shall be
certified to the respective county auditor who shall advertise the
amount and establish the rate in the same manner as other county
budgets. Any amount of the adopted budget that exceeds an amount
equal to thirty cents ($0.30) per capita for each participating county
is subject to review by the county fiscal body in the usual manner of
budget review. The tax so levied 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, as collected by the county treasurer, shall be transferred to
the commission.
(b) 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 the
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.
(c) After approval no sums may 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.
(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. As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.144-1992,
SEC.4; P.L.165-2003, SEC.5.
IC 36-7-7-13 Economic development districts; definition; payments by counties;
use of funds
Sec. 13. (a) An economic development district is a group of
adjacent counties that:
(1) contains at least two (2) redevelopment counties;
(2) includes an economic development growth center; and
(3) has been officially designated as an economic development
district by the federal government under Title 42, U.S.C. section
3171, on the recommendation of the state.
(b) Counties may make payments to officially designated
economic development districts. The board of directors of the
economic development district shall determine the amount of the
payments, which may be based on the assessed valuation or the
population of each county, and the method of making the payments,
subject to appropriations by the fiscal bodies of the counties
comprising the economic development district.
(c) The economic development district may receive and expend
all sums appropriated or granted to it for purposes and activities
authorized by law, and shall deposit these sums in its own name and
follow all accounting, bonding, and auditing procedures required by
law.
(d) The economic development district is responsible for the
administration, safekeeping, and deposit of any monies appropriated
or granted to it, and may delegate all or part of that responsibility to
a designated financial officer.
(e) The economic development district may receive grants from
federal, state, or local governments for the purpose of carrying out
any of the planning and development activities of the district.
(f) Any sums appropriated to an economic development district
that remain uncommitted at the end of the budget year revert on a pro
rata basis to the general funds of the counties comprising the district. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7
Chapter 7. Regional Planning Commissions
IC 36-7-7-1 Application of chapter
Sec. 1. This chapter applies to any area consisting of two (2) or
more counties (referred to as a "region" in this chapter). As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-2 Establishment
Sec. 2. (a) The legislative bodies of all the counties in a region
may, by concurrent resolutions, request the establishment of a
regional planning commission (referred to as a "commission" in this
chapter). Official copies of the resolutions must be forwarded to the
governor, who shall then appoint himself or a member of his staff to
immediately notify the other members of the commission and to act
as temporary chairman for the election of officers. The commission
shall, by resolution, designate a name for itself that reflects the
commission's role and function and that may include the words
"Regional Planning Commission".
(b) This subsection applies to each commission established after
July 1, 1978. A county participating in a commission is not subject
to the tax imposed under section 12 of this chapter, unless all the
concurrent resolutions establishing the commission accept the
application of the tax. As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.144-1992,
SEC.1.
IC 36-7-7-3 Counties transferring membership between commissions or joining
existing commissions; procedure
Sec. 3. (a) A county may request a change in its participation from
one commission to another, or request to join a commission if it is
not participating, under subsection (b).
(b) The legislative body of the county must, by resolution, request
the inclusion of the county in the commission. The county auditor
shall transmit a copy of the resolution to the governor, the chairman
of the commission, and, if applicable, the chairman of the
commission that the county is requesting to leave.
(c) The commission to be joined may consider a request under
subsection (b). It may, by a majority vote of all its members, adopt
a resolution including the requesting county in the commission.
(d) Whenever a resolution is adopted under subsection (c), the
chairman of the commission shall call a meeting to organize the
enlarged commission. He shall call to this meeting all members of
the commission plus:
(1) if the new county is changing its participation from one
commission to another, the persons from that county who
served on the commission that the county is leaving; or
(2) if the new county has not been participating, a representative
of the executive of that county. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-4 Members; appointment; compensation; certification; vacancies
Sec. 4. (a) The following members of the commission shall be
appointed from each county in the region:
(1) A representative of the county executive who may be either
a member of the executive or a person appointed by it.
(2) A representative of the county fiscal body who must be a
member of the fiscal body.
(b) The following members of the commission shall be appointed
from each county in the region having a population of more than fifty
thousand (50,000):
(1) The county surveyor or a person appointed by the surveyor.
(2) Two (2) persons appointed by the executive of each
municipality having a population of more than fifty thousand
(50,000).
(3) 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).
(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) 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. As added by Acts 1981, P.L.309, SEC.26. Amended by Acts 1981,
P.L.310, SEC.63; P.L.144-1992, SEC.2; P.L.168-1994, SEC.1;
P.L.165-2003, SEC.4.
IC 36-7-7-4.1
Repealed
(Repealed by P.L.165-2003, SEC.7.)
IC 36-7-7-5 Officers; meetings; notice; rules; record of proceedings; quorum
Sec. 5. (a) At its first regular meeting in each year the commission
shall elect from its members a chairman, vice chairman, secretary,
and a treasurer, not more than two (2) of whom may be from the
same county. If the region is divided into subregions under section
10 of this chapter, there must be at least one (1) officer from each
subregion. The vice chairman may act as chairman during the
absence or disability of the chairman.
(b) The commission shall fix the time and place for holding
regular meetings, but it shall meet at least quarterly and at such other
times as may be established by the commission or the executive
board. Special meetings of the commission may be called by the
chairman or by five (5) members of the commission upon written
request to the secretary. The secretary shall send to all the members
at least forty-eight (48) hours in advance of a special meeting a
written notice fixing the time and place of the meeting. Written
notice of a special meeting is not required if the time of the special
meeting has been fixed in a regular meeting, or if all the members are
present at the special meeting. Notice of any meeting may be waived
by a member by a written waiver filed with the secretary.
(c) The commission shall adopt rules for the transaction of
business and shall keep a record of its resolutions, transactions,
findings, and determinations, which is a public record.
(d) A majority of members constitutes a quorum. An action of the
commission is official, however, only if it is authorized by a majority
of the commission at a regular or properly called special meeting
with at least one (1) member from each county in the region present. As added by Acts 1981, P.L.309, SEC.26. Amended by Acts 1981,
P.L.310, SEC.64.
IC 36-7-7-6 Executive board
Sec. 6. (a) The commission shall elect from among its members
an executive board consisting of:
(1) the four (4) officers of the commission;
(2) one (1) member of the commission from each county in the
region;
(3) one (1) additional member of the commission from each
county in the region having a population of more than fifty
thousand (50,000); and
(4) the nonvoting member of the commission appointed by the
governor.
All members shall be elected by a vote of the full membership of the
commission.
(b) If a vacancy occurs in the executive board a successor shall be
elected from among the members in the same manner as the member
whose position has been vacated.
(c) 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.
(d) The executive board shall meet regularly at least once each
month, unless otherwise determined by its members. The executive
board shall notify the full membership of the commission of all its
meetings with copies of its preliminary or final agendas and shall
report all its actions and determinations to the full membership of the
commission.
(e) A majority of members constitutes a quorum. An action of the
executive board is official, however, only if it is authorized by a
majority of the board at a regular or properly called special meeting.
Any action of the executive board shall be reviewed at the next
regular meeting of the commission following the executive board's
action, and upon the written request of a member of the commission,
the action shall be brought to a vote of the full commission. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-7 Powers and duties
Sec. 7. (a) The commission shall institute and maintain a
comprehensive policy planning and programming and coordinative
management process for the region. It shall coordinate its activities
with all units in the region and shall coordinate the planning
programs of all units and the state. Except when a commission
exercises powers under subsection (j), the commission shall act in an
advisory capacity only.
(b) The commission may provide technical assistance to any unit
in the region that requests it. This technical assistance includes the
provision of skills and knowledge for planning, developing,
administering, improving, and securing:
(1) public and private grants-in-aid;
(2) cooperative arrangements between governments; and
(3) the performance of governmental powers and duties.
(c) The commission may divide its jurisdiction into subregions
under section 10 of this chapter for purposes appropriate to the study,
analysis, or coordination of specific problems or concerns. The
commission may conduct all necessary studies for the
accomplishment of its duties. It may publicize and advertise its
purposes, objectives, and findings and may distribute reports on
them. It may provide recommendations when requested to the
participating units and to other public and private agencies in matters
relative to its functions and objectives and may act when requested
as a coordinating agency for programs and activities of such agencies
as they relate to its objectives. The commission may not implement,
enter into an agreement for, or propose a program that includes
interstate wastewater management or disposal.
(d) The commission may adopt by resolution any regional
comprehensive or functional plan, program, or policy as its official
recommendation for the development of the region, subject to the
power of a county to exempt itself under section 9 of this chapter.
The commission shall make an annual report of its activities to the
legislative bodies of the counties and municipalities in the region.
(e) The commission may receive grants from federal, state, or
local governmental entities or from individuals or foundations, and
may enter into agreements or contracts regarding the acceptance or
use of those grants and appropriations for the purpose of carrying out
any of the activities of the commission. A county or municipality
may, from time to time upon the request of the commission, assign
or detail to the commission any employees to make special surveys
or studies requested by the commission.
(f) For the sole purpose of providing adequate public services, the
commission may acquire by grant, gift, purchase, lease, devise, or
otherwise and hold, use, improve, maintain, operate, own, manage,
or lease (as lessor or lessee) such real or personal property as the
commission considers necessary for that purpose. The commission
may apply for, receive, and expend grants, loans, or any other form
of financial assistance available under any federal grant program.
(g) The commission may enter into coordinative arrangements
with any adjacent county or municipality in Indiana or an adjoining
state, or with an overlapping multicounty or interstate planning or
development agency, state agency, or federal agency, as are
appropriate to the achievement of its objectives or to address a
common issue. However, the commission may not delegate any of its
powers or duties.
(h) The commission may appoint advisory committees to assist in
the achievement of its objectives. Members of advisory committees
are not entitled to compensation for their services but may be
reimbursed for expenses incurred in the performance of their duties.
(i) The commission shall act as the designated review agency and
as the clearinghouse as described in federal Office of Management
and Budget Circular A-95.
(j) The commission may provide administrative, management, or
technical services to a unit that requests the services. The 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 unit for the services. As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.145-1992,
SEC.1.
IC 36-7-7-8 Agreements with other states
Sec. 8. Counties in the region may enter into agreements with
other states, but these agreements do not affect other counties,
subregions, or the region. One subregion may also contract with
other subregions for services or programs. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-9 Objections to program; petition
Sec. 9. Whenever the commission receives a petition signed by a
majority of the commission members representing a county affected
by a particular program, objecting to the establishment of the
program within that county, the commission may not implement the
program in that county. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-10 Subregional committees
Sec. 10. (a) A commission may organize into not more than two
(2) subregions and provide for the organization of two (2)
subregional planning committees, and for meetings and rules of
procedure of those committees. These rules of procedure shall be
adopted as a part of the rules and bylaws of the commission.
(b) The actions of each subregional committee shall be referred
to the other for review. The executive director and staff of the
commission shall serve both subregional committees. Each
subregional committee shall consider problems that do not directly
affect the other subregion. Each subregional committee may hold
meetings and elect a chairman and secretary from among its own
members. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-11 Executive director; powers and duties
Sec. 11. (a) The commission shall appoint an executive director
who shall serve at the pleasure of the commission as reviewed and
recommended by the executive board. The executive director must
be qualified by training and experience in the management of public
agencies and knowledgeable in planning.
(b) The executive director is the chief administrative officer and
regular technical advisor of the commission. Subject to supervision
by the commission, the executive director:
(1) shall execute the commission functions;
(2) shall appoint and remove the staff of the commission;
(3) shall submit to the commission annually, or more often if
required, a status report on the operation of the agency;
(4) may, with the approval of the executive board, execute
contracts, leases, or agreements on behalf of the commission
with other persons;
(5) is entitled, upon his written request, to be given access by all
governmental agencies to all studies, reports, surveys, records,
and other information and material in their possession that are
required by him for the accomplishment of the activities and
objectives of the commission;
(6) shall propose annually a budget for the operation of the
commission and administer the budget as approved by the
commission;
(7) shall keep the records and care for and preserve all papers
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 him. As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-12 Annual appropriation budget; tax levy; use of funds
Sec. 12. (a) The commission shall prepare and adopt an annual
appropriation budget for its operation, which shall be apportioned to
each participating county on a pro rata per capita basis. After
adoption, any amount that does not exceed an amount for each
participating county equal to thirty cents ($0.30) per capita shall be
certified to the respective county auditor who shall advertise the
amount and establish the rate in the same manner as other county
budgets. Any amount of the adopted budget that exceeds an amount
equal to thirty cents ($0.30) per capita for each participating county
is subject to review by the county fiscal body in the usual manner of
budget review. The tax so levied 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, as collected by the county treasurer, shall be transferred to
the commission.
(b) 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 the
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.
(c) After approval no sums may 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.
(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. As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.144-1992,
SEC.4; P.L.165-2003, SEC.5.
IC 36-7-7-13 Economic development districts; definition; payments by counties;
use of funds
Sec. 13. (a) An economic development district is a group of
adjacent counties that:
(1) contains at least two (2) redevelopment counties;
(2) includes an economic development growth center; and
(3) has been officially designated as an economic development
district by the federal government under Title 42, U.S.C. section
3171, on the recommendation of the state.
(b) Counties may make payments to officially designated
economic development districts. The board of directors of the
economic development district shall determine the amount of the
payments, which may be based on the assessed valuation or the
population of each county, and the method of making the payments,
subject to appropriations by the fiscal bodies of the counties
comprising the economic development district.
(c) The economic development district may receive and expend
all sums appropriated or granted to it for purposes and activities
authorized by law, and shall deposit these sums in its own name and
follow all accounting, bonding, and auditing procedures required by
law.
(d) The economic development district is responsible for the
administration, safekeeping, and deposit of any monies appropriated
or granted to it, and may delegate all or part of that responsibility to
a designated financial officer.
(e) The economic development district may receive grants from
federal, state, or local governments for the purpose of carrying out
any of the planning and development activities of the district.
(f) Any sums appropriated to an economic development district
that remain uncommitted at the end of the budget year revert on a pro
rata basis to the general funds of the counties comprising the district. As added by Acts 1981, P.L.309, SEC.26.
