IC 36-7-7.6
Chapter 7.6. Northwestern Indiana Regional Planning
Commission
IC 36-7-7.6-1 Applicability
Sec. 1. This chapter applies to the area consisting of the following
counties:
(1) A county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000).
(2) A county having a population of more than one hundred
forty-five thousand (145,000) but less than one hundred
forty-eight thousand (148,000).
(3) A county having a population of more than one hundred ten
thousand (110,000) but less than one hundred fifteen thousand
(115,000). As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-2 "Commission"
Sec. 2. As used in this chapter, "commission" means the
northwestern Indiana regional planning commission established by
section 3 of this chapter. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-3 Establishment
Sec. 3. The northwestern Indiana regional planning commission
is established for the area described in section 1 of this chapter. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-4 Commission membership
Sec. 4. (a) The following members shall be appointed to the
commission:
(1) A member of the county executive of each county described
in section 1 of this chapter, to be appointed by the county
executive.
(2) A member of the county fiscal body of each county
described in section 1 of this chapter, to be appointed by the
county fiscal body.
(3) The county surveyor of each county described in section 1
of this chapter.
(4) For a county having a population of not more than four
hundred thousand (400,000), one (1) person appointed by the
executive of each of the eleven (11) largest municipalities.
(5) For a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000), one (1) person appointed by the executive of each of
the nineteen (19) largest municipalities.
(6) Beginning July 1, 2007, one (1) person appointed by the
trustee of each township that:
(A) is located in a county described in section 1 of this
chapter;
(B) has a population of at least eight thousand (8,000); and
(C) does not contain a municipality.
(b) One (1) voting member of the commission shall be appointed
by the governor. The member appointed under this subsection may
not vote in a weighted vote under section 9 of this chapter.
(c) A member of the commission who is a county surveyor may
not vote in a weighted vote under section 9 of this chapter. As added by P.L.165-2003, SEC.6. Amended by P.L.169-2006,
SEC.57.
IC 36-7-7.6-5 Members; expense reimbursement; vacancies
Sec. 5. (a) All commission members must be elected officials.
(b) 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.
(c) A member of the commission may also serve as a member of
a plan commission in the region.
(d) Members of the commission shall serve without salary but
may be reimbursed for expenses incurred in the performance of their
duties.
(e) The respective appointing authorities shall certify their
appointments, and the certification shall be retained as a part of the
records of the commission.
(f) Each member serves at the pleasure of the appointing
authority. The appointing authority shall give written notice to the
commission of a change of an appointee and the effective date of that
change.
(g) If a vacancy occurs by resignation or otherwise, the appointing
authority shall promptly appoint a replacement member.
(h) If a member of the commission is absent for more than three
(3) consecutive meetings of the full commission, the commission
shall notify that member's appointing authority and request the
appointing authority to do one (1) of the following:
(1) Replace the member.
(2) Take action to assure the member's conscientious attendance
at meetings of the full commission. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-6 Offices
Sec. 6. (a) At its first regular meeting in each year, the
commission shall elect from its members a chairperson, vice
chairperson, secretary, and treasurer.
(b) Not more than two (2) of the officers elected under subsection
(a) may be from the same county.
(c) The vice chairperson may act as chairperson during the
absence or disability of the chairperson. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-7 Meetings; notice
Sec. 7. (a) The commission shall fix the time and place for
holding regular meetings, but it shall meet:
(1) at least quarterly; and
(2) at other times established by the commission or the
executive board of the commission.
(b) The chairperson of the commission or five (5) members of the
commission may call a special meeting of the commission upon
written request to the secretary of the commission. The secretary
shall send to all commission members at least forty-eight (48) hours
in advance of a special meeting a written notice fixing the time and
place of the special meeting. Written notice of a special meeting is
not required if:
(1) the time of the special meeting has been fixed in a regular
meeting; or
(2) all members are present at the special meeting.
(c) A commission member may waive notice of any meeting by
filing a written waiver with the secretary of the commission. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-8 Rules; records
Sec. 8. The commission shall adopt rules for the transaction of
business and shall keep a record of its resolutions, transactions,
findings, and determinations. The commission's record is a public
record. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-9 Quorum; official action by affirmative vote of quorum or weighted
affirmative vote
Sec. 9. (a) A majority of the commission members constitute a
quorum.
(b) An action of the commission is official only if both the
following apply:
(1) The action is authorized at a regular meeting or a properly
called special meeting in which at least one (1) member from
each county described in section 1 of this chapter is present.
(2) The action is authorized by:
(A) the affirmative votes of a majority of the members of the
commission; or
(B) a weighted affirmative vote of more than fifty (50) if a
motion is made under subsection (c).
(c) Upon a motion by any one (1) member of the commission that
is properly seconded by another member at:
(1) a regular meeting; or
(2) a properly called special meeting;
the commission shall use the weighted voting process described in
subsection (d).
(d) Each commission member has a weighted vote determined as
follows:
(1) In the case of a member appointed by the executive of a
municipality, the member's weighted vote is determined in
STEP FIVE of the following formula:
STEP ONE: Determine the population of the municipality as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by one hundred (100).
(2) In the case of a member appointed by the executive of a
county, the member's weighted vote is determined in STEP
FIVE of the following formula:
STEP ONE: Determine the population of the area in the
county that is not within a municipality and is not within a
township described in section 4(a)(6) of this chapter as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by fifty (50).
(3) In the case of a member appointed by a fiscal body, the
member's weighted vote is determined in STEP FIVE of the
following formula:
STEP ONE: Determine the population of the area in the
county that is not within a municipality and is not within a
township described in section 4(a)(6) of this chapter as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by fifty (50).
(4) In the case of a member appointed by the trustee of a
township under section 4(a)(6) of this chapter, the member's
weighted vote is determined in STEP FIVE of the following
formula:
STEP ONE: Determine the population of the township as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by fifty (50). As added by P.L.165-2003, SEC.6. Amended by P.L.169-2006,
SEC.58; P.L.39-2007, SEC.2.
IC 36-7-7.6-10 Executive board
Sec. 10. (a) The commission shall elect from among its members,
by the affirmative votes of a majority of the members serving on the
commission, an executive board that consists of the following:
(1) The four (4) officers of the commission.
(2) Two (2) members of the commission from each county
described in section 1 of this chapter.
(3) The member of the commission appointed by the governor.
(b) If a vacancy occurs in a position on the executive board
referred to in subsection (a)(2), 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 one (1) time
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 of the executive board constitutes a
quorum. An action of the executive board is official only if it is
authorized by an affirmative vote of a majority of the total number
of members serving on 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. Upon either:
(1) a decision by the majority of the board; or
(2) written request of a member of the commission;
an issue shall be brought to a vote of the full commission.
(f) If the immediate past chairperson is not serving as a member
of the executive board under subsection (a), that individual shall be
a nonvoting member of the executive board. As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.3.
IC 36-7-7.6-11 Executive director; powers and duties
Sec. 11. (a) After review and recommendation by the executive
board, the commission shall appoint an executive director, who
serves at the pleasure of the commission. The executive director must
be qualified by training and experience in the management of public
agencies and must be knowledgeable in planning.
(b) The executive director is the chief administrative officer and
regular technical adviser of the commission. Subject to supervision
by the commission and in furtherance of the purposes of 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 commission;
(4) may, with the approval of the executive board, execute
contracts, leases, or agreements with other persons on behalf of
the commission;
(5) shall be given access by all governmental agencies, upon the
executive director's written request, to all studies, reports,
surveys, records, and other information and material in their
possession that are required by the executive director 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 the
executive director. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-12 Purpose of commission
Sec. 12. The purpose of the commission is to institute and
maintain a comprehensive planning and programming process for:
(1) transportation;
(2) economic development; and
(3) environmental;
policy and provide a coordinative management process for the
counties described in section 1 of this chapter. The commission shall
coordinate its activities with all member units in the counties and
shall coordinate and assist the planning programs of member units
and the state that are related to its purpose. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-13 Commission powers
Sec. 13. The commission may do any of the following in support
of a purpose listed under section 12 of this chapter:
(1) Transact business and enter into contracts.
(2) Receive grants or appropriations from federal, state, or local
governmental entities or from individuals or foundations and
enter into agreements or contracts regarding the acceptance or
use of those grants and appropriations to carry out any of the
activities of the commission.
(3) Apply for, receive, and disburse gifts, contributions, and
grants of funds or in-kind services.
(4) Acquire by grant, purchase, gift, devise, lease, or otherwise
and hold, use, sell, improve, maintain, operate, own, manage,
lease, or dispose of:
(A) real and personal property of every kind and nature; and
(B) any right and interest;
as necessary for the exercise of, or convenient or useful for the
carrying out of, the commission's purposes under this chapter.
(5) Make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of the
commission's purposes.
(6) Employ and fix the reasonable compensation of any
employees and agents the commission considers necessary.
(7) Contract for special and temporary services and for
professional assistance.
(8) Hold, use, administer, and expend money that is
appropriated or transferred to the commission.
(9) Make contracts and leases for facilities and services.
(10) Act as a coordinating agency for programs and activities of
other public and private agencies that are related to the
commission's objectives.
(11) Enter into agreements or partnerships to do the following:
(A) Assist in coordinating activities involving state and local
government, business organizations, and nonprofit
organizations.
(B) Assist in the development and implementation of
programs by other regional agencies and entities.
(12) Enter into coordinative arrangements with:
(A) any unit of government in Indiana or an adjoining state;
(B) an overlapping multicounty or interstate planning or
development agency;
(C) a state agency;
(D) a federal agency;
(E) a private entity; or
(F) a minority business enterprise as defined by
IC 4-13-16.5;
that are appropriate to the achievement of the commission's
objectives or to address a common issue.
(13) Provide any administrative, management, or technical
services to a unit of local government that requests the services.
The local 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 local unit
for the services.
(14) Conduct all necessary studies for the accomplishment of
the commission's purpose.
(15) Publicize the commission's purposes, objectives, and
findings, and distribute reports on those purposes, objectives,
and findings.
(16) Provide recommendations to units of local government and
to other public and private agencies.
(17) Make loans and issue notes as provided in section 19 of
this chapter. As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.4.
IC 36-7-7.6-14 Adoption of regional plan, program, or policy; county exemption
Sec. 14. The commission may adopt by resolution any regional
comprehensive or functional plan, program, or policy as the
commission's official recommendation for the development of the
region, subject to the power of a county to exempt itself under
section 15 of this chapter. The commission shall provide an annual
report of its activities to the legislative bodies of the counties and
municipalities in the region. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-15 Petition not to implement program
Sec. 15. If the commission receives a petition that:
(1) is signed by a majority of the commission members
representing a county affected by a particular program; and
(2) objects to the establishment of the program within that
county;
the commission may not implement the program in that county. As added by P.L.165-2003, SEC.6. IC 36-7-7.6-16 Advisory committees
Sec. 16. (a) The commission must appoint advisory committees
to assist in the achievement of its objectives. The membership of
advisory committees shall not be limited to the members of the
commission.
(b) At least one (1) advisory committee must be appointed with a
membership that is representative of the private sector of the
communities served by the commission and must include members
representative of:
(1) postsecondary educational institutions;
(2) minority business enterprises;
(3) labor and workforce organizations; and
(4) manufacturing entities;
active in at least one (1) of the communities served by the
commission.
(c) Members of advisory committees are not entitled to
compensation for their services but may be reimbursed by the
commission for expenses incurred in the performance of their duties. As added by P.L.165-2003, SEC.6. Amended by P.L.2-2007,
SEC.387.
IC 36-7-7.6-17 Surveys or studies by county or municipal employees
Sec. 17. A county or municipality may periodically, upon the
request of the commission, assign or detail to the commission any
employees of the county or municipality to make special surveys or
studies requested by the commission. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-18 Annual appropriation budget; tax levy; use of funds
Sec. 18. (a) The commission shall prepare and adopt an annual
appropriation budget for its operation. The appropriation budget shall
be apportioned to each participating county on a pro rata per capita
basis. After adoption of the appropriation budget, any amount that
does not exceed an amount for each participating county equal to
seventy cents ($0.70) per capita for each participating county shall
be certified to the respective county auditor.
(b) A county's portion of the commission's appropriation budget
may be paid from any of the following, as determined by the county
fiscal body:
(1) Property tax revenue as provided in subsections (c) and (d).
(2) Any other local revenue, other than property tax revenue,
received by the county, including local option income tax
revenue under IC 6-3.5, excise tax revenue, riverboat
admissions tax revenue, riverboat wagering tax revenue,
riverboat incentive payments, and any funds received from the
state that may be used for this purpose.
(c) The county auditor shall:
(1) advertise the amount of property taxes that the county fiscal
body determines will be levied to pay the county's portion of the
commission's appropriation budget, after the county fiscal body
determines the amount of other local revenue that will be paid
under subsection (b)(2); and
(2) establish the rate necessary to collect that property tax
revenue;
in the same manner as for other county budgets.
(d) The tax levied under this section 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 collected by the county treasurer shall be
transferred to the commission.
(e) 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
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.
(f) After the budget is approved, amounts may not 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.
(g) Any two (2) of the following officers may allow claims:
(1) Chairperson.
(2) Vice chairperson.
(3) Secretary.
(4) Treasurer.
(h) The treasurer of the commission may receive, disburse, and
otherwise handle funds of the commission, subject to applicable
statutes and to procedures established by the commission.
(i) The commission shall act as a board of finance under the
statutes relating to the deposit of public funds by political
subdivisions.
(j) Any appropriated money remaining unexpended or
unencumbered at the end of a 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 the
amounts in the nonreverting cumulative fund, 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 audited
periodically by the state board of accounts, and those audits shall be
paid for as provided by statute.
As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.5.
IC 36-7-7.6-19 Making of loans and issuing of notes
Sec. 19. (a) The commission may adopt a resolution to make loans
or issue notes to obtain money to pay current operating expenses of
the commission in anticipation of the payment to the commission of
the appropriation budget apportioned to participating counties under
section 18 of this chapter.
(b) The terms and form of a loan or notes shall be set forth in the
resolution. The resolution must specify:
(1) subject to subsection (c), the term of the loan or notes;
(2) the interest rate of the loan or notes;
(3) the medium of payment of the loan or notes;
(4) the place and manner of payment of the loan or notes;
(5) the manner of execution of the loan or notes;
(6) the terms of redemption of the loan or notes; and
(7) the funds or sources of funds from which the loan or notes
are payable, which may be any funds available to the
commission.
(c) A loan or notes under this section must mature in the calendar
year in which the loan is made or the notes are issued. The
commission may use proceeds of the loan or notes only to pay
current operating expenses of the commission in anticipation of the
payment to the commission of the appropriation budget apportioned
to participating counties under section 18 of this chapter.
(d) The total amount of all outstanding loans and notes under this
section in a particular calendar year may not exceed the total amount
of the appropriation budget apportioned to participating counties and
to be paid to the commission under section 18 of this chapter for the
calendar year.
(e) The loan contract or the notes must plainly state that the loan
or notes:
(1) are not an indebtedness of the state;
(2) constitute a corporate obligation solely of the commission;
and
(3) are payable solely from:
(A) payments to the commission of the appropriation budget
apportioned to participating counties under section 18 of this
chapter for the calendar year; and
(B) any other revenues of the commission.
(f) This section contains full and complete authority for the
making of loans and the issuance of notes by the commission under
this section. No other procedure, proceedings, publications, notices,
consents, approvals, orders, or acts by the commission or any other
officer, department, agency, or instrumentality of the state or of any
political subdivision is required to make loans or issue notes under
this section. As added by P.L.39-2007, SEC.6.
IC 36-7-7.6
Chapter 7.6. Northwestern Indiana Regional Planning
Commission
IC 36-7-7.6-1 Applicability
Sec. 1. This chapter applies to the area consisting of the following
counties:
(1) A county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000).
(2) A county having a population of more than one hundred
forty-five thousand (145,000) but less than one hundred
forty-eight thousand (148,000).
(3) A county having a population of more than one hundred ten
thousand (110,000) but less than one hundred fifteen thousand
(115,000). As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-2 "Commission"
Sec. 2. As used in this chapter, "commission" means the
northwestern Indiana regional planning commission established by
section 3 of this chapter. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-3 Establishment
Sec. 3. The northwestern Indiana regional planning commission
is established for the area described in section 1 of this chapter. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-4 Commission membership
Sec. 4. (a) The following members shall be appointed to the
commission:
(1) A member of the county executive of each county described
in section 1 of this chapter, to be appointed by the county
executive.
(2) A member of the county fiscal body of each county
described in section 1 of this chapter, to be appointed by the
county fiscal body.
(3) The county surveyor of each county described in section 1
of this chapter.
(4) For a county having a population of not more than four
hundred thousand (400,000), one (1) person appointed by the
executive of each of the eleven (11) largest municipalities.
(5) For a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000), one (1) person appointed by the executive of each of
the nineteen (19) largest municipalities.
(6) Beginning July 1, 2007, one (1) person appointed by the
trustee of each township that:
(A) is located in a county described in section 1 of this
chapter;
(B) has a population of at least eight thousand (8,000); and
(C) does not contain a municipality.
(b) One (1) voting member of the commission shall be appointed
by the governor. The member appointed under this subsection may
not vote in a weighted vote under section 9 of this chapter.
(c) A member of the commission who is a county surveyor may
not vote in a weighted vote under section 9 of this chapter. As added by P.L.165-2003, SEC.6. Amended by P.L.169-2006,
SEC.57.
IC 36-7-7.6-5 Members; expense reimbursement; vacancies
Sec. 5. (a) All commission members must be elected officials.
(b) 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.
(c) A member of the commission may also serve as a member of
a plan commission in the region.
(d) Members of the commission shall serve without salary but
may be reimbursed for expenses incurred in the performance of their
duties.
(e) The respective appointing authorities shall certify their
appointments, and the certification shall be retained as a part of the
records of the commission.
(f) Each member serves at the pleasure of the appointing
authority. The appointing authority shall give written notice to the
commission of a change of an appointee and the effective date of that
change.
(g) If a vacancy occurs by resignation or otherwise, the appointing
authority shall promptly appoint a replacement member.
(h) If a member of the commission is absent for more than three
(3) consecutive meetings of the full commission, the commission
shall notify that member's appointing authority and request the
appointing authority to do one (1) of the following:
(1) Replace the member.
(2) Take action to assure the member's conscientious attendance
at meetings of the full commission. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-6 Offices
Sec. 6. (a) At its first regular meeting in each year, the
commission shall elect from its members a chairperson, vice
chairperson, secretary, and treasurer.
(b) Not more than two (2) of the officers elected under subsection
(a) may be from the same county.
(c) The vice chairperson may act as chairperson during the
absence or disability of the chairperson. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-7 Meetings; notice
Sec. 7. (a) The commission shall fix the time and place for
holding regular meetings, but it shall meet:
(1) at least quarterly; and
(2) at other times established by the commission or the
executive board of the commission.
(b) The chairperson of the commission or five (5) members of the
commission may call a special meeting of the commission upon
written request to the secretary of the commission. The secretary
shall send to all commission members at least forty-eight (48) hours
in advance of a special meeting a written notice fixing the time and
place of the special meeting. Written notice of a special meeting is
not required if:
(1) the time of the special meeting has been fixed in a regular
meeting; or
(2) all members are present at the special meeting.
(c) A commission member may waive notice of any meeting by
filing a written waiver with the secretary of the commission. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-8 Rules; records
Sec. 8. The commission shall adopt rules for the transaction of
business and shall keep a record of its resolutions, transactions,
findings, and determinations. The commission's record is a public
record. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-9 Quorum; official action by affirmative vote of quorum or weighted
affirmative vote
Sec. 9. (a) A majority of the commission members constitute a
quorum.
(b) An action of the commission is official only if both the
following apply:
(1) The action is authorized at a regular meeting or a properly
called special meeting in which at least one (1) member from
each county described in section 1 of this chapter is present.
(2) The action is authorized by:
(A) the affirmative votes of a majority of the members of the
commission; or
(B) a weighted affirmative vote of more than fifty (50) if a
motion is made under subsection (c).
(c) Upon a motion by any one (1) member of the commission that
is properly seconded by another member at:
(1) a regular meeting; or
(2) a properly called special meeting;
the commission shall use the weighted voting process described in
subsection (d).
(d) Each commission member has a weighted vote determined as
follows:
(1) In the case of a member appointed by the executive of a
municipality, the member's weighted vote is determined in
STEP FIVE of the following formula:
STEP ONE: Determine the population of the municipality as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by one hundred (100).
(2) In the case of a member appointed by the executive of a
county, the member's weighted vote is determined in STEP
FIVE of the following formula:
STEP ONE: Determine the population of the area in the
county that is not within a municipality and is not within a
township described in section 4(a)(6) of this chapter as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by fifty (50).
(3) In the case of a member appointed by a fiscal body, the
member's weighted vote is determined in STEP FIVE of the
following formula:
STEP ONE: Determine the population of the area in the
county that is not within a municipality and is not within a
township described in section 4(a)(6) of this chapter as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by fifty (50).
(4) In the case of a member appointed by the trustee of a
township under section 4(a)(6) of this chapter, the member's
weighted vote is determined in STEP FIVE of the following
formula:
STEP ONE: Determine the population of the township as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by fifty (50). As added by P.L.165-2003, SEC.6. Amended by P.L.169-2006,
SEC.58; P.L.39-2007, SEC.2.
IC 36-7-7.6-10 Executive board
Sec. 10. (a) The commission shall elect from among its members,
by the affirmative votes of a majority of the members serving on the
commission, an executive board that consists of the following:
(1) The four (4) officers of the commission.
(2) Two (2) members of the commission from each county
described in section 1 of this chapter.
(3) The member of the commission appointed by the governor.
(b) If a vacancy occurs in a position on the executive board
referred to in subsection (a)(2), 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 one (1) time
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 of the executive board constitutes a
quorum. An action of the executive board is official only if it is
authorized by an affirmative vote of a majority of the total number
of members serving on 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. Upon either:
(1) a decision by the majority of the board; or
(2) written request of a member of the commission;
an issue shall be brought to a vote of the full commission.
(f) If the immediate past chairperson is not serving as a member
of the executive board under subsection (a), that individual shall be
a nonvoting member of the executive board. As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.3.
IC 36-7-7.6-11 Executive director; powers and duties
Sec. 11. (a) After review and recommendation by the executive
board, the commission shall appoint an executive director, who
serves at the pleasure of the commission. The executive director must
be qualified by training and experience in the management of public
agencies and must be knowledgeable in planning.
(b) The executive director is the chief administrative officer and
regular technical adviser of the commission. Subject to supervision
by the commission and in furtherance of the purposes of 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 commission;
(4) may, with the approval of the executive board, execute
contracts, leases, or agreements with other persons on behalf of
the commission;
(5) shall be given access by all governmental agencies, upon the
executive director's written request, to all studies, reports,
surveys, records, and other information and material in their
possession that are required by the executive director 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 the
executive director. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-12 Purpose of commission
Sec. 12. The purpose of the commission is to institute and
maintain a comprehensive planning and programming process for:
(1) transportation;
(2) economic development; and
(3) environmental;
policy and provide a coordinative management process for the
counties described in section 1 of this chapter. The commission shall
coordinate its activities with all member units in the counties and
shall coordinate and assist the planning programs of member units
and the state that are related to its purpose. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-13 Commission powers
Sec. 13. The commission may do any of the following in support
of a purpose listed under section 12 of this chapter:
(1) Transact business and enter into contracts.
(2) Receive grants or appropriations from federal, state, or local
governmental entities or from individuals or foundations and
enter into agreements or contracts regarding the acceptance or
use of those grants and appropriations to carry out any of the
activities of the commission.
(3) Apply for, receive, and disburse gifts, contributions, and
grants of funds or in-kind services.
(4) Acquire by grant, purchase, gift, devise, lease, or otherwise
and hold, use, sell, improve, maintain, operate, own, manage,
lease, or dispose of:
(A) real and personal property of every kind and nature; and
(B) any right and interest;
as necessary for the exercise of, or convenient or useful for the
carrying out of, the commission's purposes under this chapter.
(5) Make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of the
commission's purposes.
(6) Employ and fix the reasonable compensation of any
employees and agents the commission considers necessary.
(7) Contract for special and temporary services and for
professional assistance.
(8) Hold, use, administer, and expend money that is
appropriated or transferred to the commission.
(9) Make contracts and leases for facilities and services.
(10) Act as a coordinating agency for programs and activities of
other public and private agencies that are related to the
commission's objectives.
(11) Enter into agreements or partnerships to do the following:
(A) Assist in coordinating activities involving state and local
government, business organizations, and nonprofit
organizations.
(B) Assist in the development and implementation of
programs by other regional agencies and entities.
(12) Enter into coordinative arrangements with:
(A) any unit of government in Indiana or an adjoining state;
(B) an overlapping multicounty or interstate planning or
development agency;
(C) a state agency;
(D) a federal agency;
(E) a private entity; or
(F) a minority business enterprise as defined by
IC 4-13-16.5;
that are appropriate to the achievement of the commission's
objectives or to address a common issue.
(13) Provide any administrative, management, or technical
services to a unit of local government that requests the services.
The local 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 local unit
for the services.
(14) Conduct all necessary studies for the accomplishment of
the commission's purpose.
(15) Publicize the commission's purposes, objectives, and
findings, and distribute reports on those purposes, objectives,
and findings.
(16) Provide recommendations to units of local government and
to other public and private agencies.
(17) Make loans and issue notes as provided in section 19 of
this chapter. As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.4.
IC 36-7-7.6-14 Adoption of regional plan, program, or policy; county exemption
Sec. 14. The commission may adopt by resolution any regional
comprehensive or functional plan, program, or policy as the
commission's official recommendation for the development of the
region, subject to the power of a county to exempt itself under
section 15 of this chapter. The commission shall provide an annual
report of its activities to the legislative bodies of the counties and
municipalities in the region. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-15 Petition not to implement program
Sec. 15. If the commission receives a petition that:
(1) is signed by a majority of the commission members
representing a county affected by a particular program; and
(2) objects to the establishment of the program within that
county;
the commission may not implement the program in that county. As added by P.L.165-2003, SEC.6. IC 36-7-7.6-16 Advisory committees
Sec. 16. (a) The commission must appoint advisory committees
to assist in the achievement of its objectives. The membership of
advisory committees shall not be limited to the members of the
commission.
(b) At least one (1) advisory committee must be appointed with a
membership that is representative of the private sector of the
communities served by the commission and must include members
representative of:
(1) postsecondary educational institutions;
(2) minority business enterprises;
(3) labor and workforce organizations; and
(4) manufacturing entities;
active in at least one (1) of the communities served by the
commission.
(c) Members of advisory committees are not entitled to
compensation for their services but may be reimbursed by the
commission for expenses incurred in the performance of their duties. As added by P.L.165-2003, SEC.6. Amended by P.L.2-2007,
SEC.387.
IC 36-7-7.6-17 Surveys or studies by county or municipal employees
Sec. 17. A county or municipality may periodically, upon the
request of the commission, assign or detail to the commission any
employees of the county or municipality to make special surveys or
studies requested by the commission. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-18 Annual appropriation budget; tax levy; use of funds
Sec. 18. (a) The commission shall prepare and adopt an annual
appropriation budget for its operation. The appropriation budget shall
be apportioned to each participating county on a pro rata per capita
basis. After adoption of the appropriation budget, any amount that
does not exceed an amount for each participating county equal to
seventy cents ($0.70) per capita for each participating county shall
be certified to the respective county auditor.
(b) A county's portion of the commission's appropriation budget
may be paid from any of the following, as determined by the county
fiscal body:
(1) Property tax revenue as provided in subsections (c) and (d).
(2) Any other local revenue, other than property tax revenue,
received by the county, including local option income tax
revenue under IC 6-3.5, excise tax revenue, riverboat
admissions tax revenue, riverboat wagering tax revenue,
riverboat incentive payments, and any funds received from the
state that may be used for this purpose.
(c) The county auditor shall:
(1) advertise the amount of property taxes that the county fiscal
body determines will be levied to pay the county's portion of the
commission's appropriation budget, after the county fiscal body
determines the amount of other local revenue that will be paid
under subsection (b)(2); and
(2) establish the rate necessary to collect that property tax
revenue;
in the same manner as for other county budgets.
(d) The tax levied under this section 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 collected by the county treasurer shall be
transferred to the commission.
(e) 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
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.
(f) After the budget is approved, amounts may not 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.
(g) Any two (2) of the following officers may allow claims:
(1) Chairperson.
(2) Vice chairperson.
(3) Secretary.
(4) Treasurer.
(h) The treasurer of the commission may receive, disburse, and
otherwise handle funds of the commission, subject to applicable
statutes and to procedures established by the commission.
(i) The commission shall act as a board of finance under the
statutes relating to the deposit of public funds by political
subdivisions.
(j) Any appropriated money remaining unexpended or
unencumbered at the end of a 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 the
amounts in the nonreverting cumulative fund, 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 audited
periodically by the state board of accounts, and those audits shall be
paid for as provided by statute.
As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.5.
IC 36-7-7.6-19 Making of loans and issuing of notes
Sec. 19. (a) The commission may adopt a resolution to make loans
or issue notes to obtain money to pay current operating expenses of
the commission in anticipation of the payment to the commission of
the appropriation budget apportioned to participating counties under
section 18 of this chapter.
(b) The terms and form of a loan or notes shall be set forth in the
resolution. The resolution must specify:
(1) subject to subsection (c), the term of the loan or notes;
(2) the interest rate of the loan or notes;
(3) the medium of payment of the loan or notes;
(4) the place and manner of payment of the loan or notes;
(5) the manner of execution of the loan or notes;
(6) the terms of redemption of the loan or notes; and
(7) the funds or sources of funds from which the loan or notes
are payable, which may be any funds available to the
commission.
(c) A loan or notes under this section must mature in the calendar
year in which the loan is made or the notes are issued. The
commission may use proceeds of the loan or notes only to pay
current operating expenses of the commission in anticipation of the
payment to the commission of the appropriation budget apportioned
to participating counties under section 18 of this chapter.
(d) The total amount of all outstanding loans and notes under this
section in a particular calendar year may not exceed the total amount
of the appropriation budget apportioned to participating counties and
to be paid to the commission under section 18 of this chapter for the
calendar year.
(e) The loan contract or the notes must plainly state that the loan
or notes:
(1) are not an indebtedness of the state;
(2) constitute a corporate obligation solely of the commission;
and
(3) are payable solely from:
(A) payments to the commission of the appropriation budget
apportioned to participating counties under section 18 of this
chapter for the calendar year; and
(B) any other revenues of the commission.
(f) This section contains full and complete authority for the
making of loans and the issuance of notes by the commission under
this section. No other procedure, proceedings, publications, notices,
consents, approvals, orders, or acts by the commission or any other
officer, department, agency, or instrumentality of the state or of any
political subdivision is required to make loans or issue notes under
this section. As added by P.L.39-2007, SEC.6.
IC 36-7-7.6
Chapter 7.6. Northwestern Indiana Regional Planning
Commission
IC 36-7-7.6-1 Applicability
Sec. 1. This chapter applies to the area consisting of the following
counties:
(1) A county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000).
(2) A county having a population of more than one hundred
forty-five thousand (145,000) but less than one hundred
forty-eight thousand (148,000).
(3) A county having a population of more than one hundred ten
thousand (110,000) but less than one hundred fifteen thousand
(115,000). As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-2 "Commission"
Sec. 2. As used in this chapter, "commission" means the
northwestern Indiana regional planning commission established by
section 3 of this chapter. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-3 Establishment
Sec. 3. The northwestern Indiana regional planning commission
is established for the area described in section 1 of this chapter. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-4 Commission membership
Sec. 4. (a) The following members shall be appointed to the
commission:
(1) A member of the county executive of each county described
in section 1 of this chapter, to be appointed by the county
executive.
(2) A member of the county fiscal body of each county
described in section 1 of this chapter, to be appointed by the
county fiscal body.
(3) The county surveyor of each county described in section 1
of this chapter.
(4) For a county having a population of not more than four
hundred thousand (400,000), one (1) person appointed by the
executive of each of the eleven (11) largest municipalities.
(5) For a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000), one (1) person appointed by the executive of each of
the nineteen (19) largest municipalities.
(6) Beginning July 1, 2007, one (1) person appointed by the
trustee of each township that:
(A) is located in a county described in section 1 of this
chapter;
(B) has a population of at least eight thousand (8,000); and
(C) does not contain a municipality.
(b) One (1) voting member of the commission shall be appointed
by the governor. The member appointed under this subsection may
not vote in a weighted vote under section 9 of this chapter.
(c) A member of the commission who is a county surveyor may
not vote in a weighted vote under section 9 of this chapter. As added by P.L.165-2003, SEC.6. Amended by P.L.169-2006,
SEC.57.
IC 36-7-7.6-5 Members; expense reimbursement; vacancies
Sec. 5. (a) All commission members must be elected officials.
(b) 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.
(c) A member of the commission may also serve as a member of
a plan commission in the region.
(d) Members of the commission shall serve without salary but
may be reimbursed for expenses incurred in the performance of their
duties.
(e) The respective appointing authorities shall certify their
appointments, and the certification shall be retained as a part of the
records of the commission.
(f) Each member serves at the pleasure of the appointing
authority. The appointing authority shall give written notice to the
commission of a change of an appointee and the effective date of that
change.
(g) If a vacancy occurs by resignation or otherwise, the appointing
authority shall promptly appoint a replacement member.
(h) If a member of the commission is absent for more than three
(3) consecutive meetings of the full commission, the commission
shall notify that member's appointing authority and request the
appointing authority to do one (1) of the following:
(1) Replace the member.
(2) Take action to assure the member's conscientious attendance
at meetings of the full commission. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-6 Offices
Sec. 6. (a) At its first regular meeting in each year, the
commission shall elect from its members a chairperson, vice
chairperson, secretary, and treasurer.
(b) Not more than two (2) of the officers elected under subsection
(a) may be from the same county.
(c) The vice chairperson may act as chairperson during the
absence or disability of the chairperson. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-7 Meetings; notice
Sec. 7. (a) The commission shall fix the time and place for
holding regular meetings, but it shall meet:
(1) at least quarterly; and
(2) at other times established by the commission or the
executive board of the commission.
(b) The chairperson of the commission or five (5) members of the
commission may call a special meeting of the commission upon
written request to the secretary of the commission. The secretary
shall send to all commission members at least forty-eight (48) hours
in advance of a special meeting a written notice fixing the time and
place of the special meeting. Written notice of a special meeting is
not required if:
(1) the time of the special meeting has been fixed in a regular
meeting; or
(2) all members are present at the special meeting.
(c) A commission member may waive notice of any meeting by
filing a written waiver with the secretary of the commission. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-8 Rules; records
Sec. 8. The commission shall adopt rules for the transaction of
business and shall keep a record of its resolutions, transactions,
findings, and determinations. The commission's record is a public
record. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-9 Quorum; official action by affirmative vote of quorum or weighted
affirmative vote
Sec. 9. (a) A majority of the commission members constitute a
quorum.
(b) An action of the commission is official only if both the
following apply:
(1) The action is authorized at a regular meeting or a properly
called special meeting in which at least one (1) member from
each county described in section 1 of this chapter is present.
(2) The action is authorized by:
(A) the affirmative votes of a majority of the members of the
commission; or
(B) a weighted affirmative vote of more than fifty (50) if a
motion is made under subsection (c).
(c) Upon a motion by any one (1) member of the commission that
is properly seconded by another member at:
(1) a regular meeting; or
(2) a properly called special meeting;
the commission shall use the weighted voting process described in
subsection (d).
(d) Each commission member has a weighted vote determined as
follows:
(1) In the case of a member appointed by the executive of a
municipality, the member's weighted vote is determined in
STEP FIVE of the following formula:
STEP ONE: Determine the population of the municipality as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by one hundred (100).
(2) In the case of a member appointed by the executive of a
county, the member's weighted vote is determined in STEP
FIVE of the following formula:
STEP ONE: Determine the population of the area in the
county that is not within a municipality and is not within a
township described in section 4(a)(6) of this chapter as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by fifty (50).
(3) In the case of a member appointed by a fiscal body, the
member's weighted vote is determined in STEP FIVE of the
following formula:
STEP ONE: Determine the population of the area in the
county that is not within a municipality and is not within a
township described in section 4(a)(6) of this chapter as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by fifty (50).
(4) In the case of a member appointed by the trustee of a
township under section 4(a)(6) of this chapter, the member's
weighted vote is determined in STEP FIVE of the following
formula:
STEP ONE: Determine the population of the township as
reported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of the
counties described in section 1 of this chapter as reported by
the 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP
THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP
FOUR by fifty (50). As added by P.L.165-2003, SEC.6. Amended by P.L.169-2006,
SEC.58; P.L.39-2007, SEC.2.
IC 36-7-7.6-10 Executive board
Sec. 10. (a) The commission shall elect from among its members,
by the affirmative votes of a majority of the members serving on the
commission, an executive board that consists of the following:
(1) The four (4) officers of the commission.
(2) Two (2) members of the commission from each county
described in section 1 of this chapter.
(3) The member of the commission appointed by the governor.
(b) If a vacancy occurs in a position on the executive board
referred to in subsection (a)(2), 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 one (1) time
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 of the executive board constitutes a
quorum. An action of the executive board is official only if it is
authorized by an affirmative vote of a majority of the total number
of members serving on 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. Upon either:
(1) a decision by the majority of the board; or
(2) written request of a member of the commission;
an issue shall be brought to a vote of the full commission.
(f) If the immediate past chairperson is not serving as a member
of the executive board under subsection (a), that individual shall be
a nonvoting member of the executive board. As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.3.
IC 36-7-7.6-11 Executive director; powers and duties
Sec. 11. (a) After review and recommendation by the executive
board, the commission shall appoint an executive director, who
serves at the pleasure of the commission. The executive director must
be qualified by training and experience in the management of public
agencies and must be knowledgeable in planning.
(b) The executive director is the chief administrative officer and
regular technical adviser of the commission. Subject to supervision
by the commission and in furtherance of the purposes of 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 commission;
(4) may, with the approval of the executive board, execute
contracts, leases, or agreements with other persons on behalf of
the commission;
(5) shall be given access by all governmental agencies, upon the
executive director's written request, to all studies, reports,
surveys, records, and other information and material in their
possession that are required by the executive director 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 the
executive director. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-12 Purpose of commission
Sec. 12. The purpose of the commission is to institute and
maintain a comprehensive planning and programming process for:
(1) transportation;
(2) economic development; and
(3) environmental;
policy and provide a coordinative management process for the
counties described in section 1 of this chapter. The commission shall
coordinate its activities with all member units in the counties and
shall coordinate and assist the planning programs of member units
and the state that are related to its purpose. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-13 Commission powers
Sec. 13. The commission may do any of the following in support
of a purpose listed under section 12 of this chapter:
(1) Transact business and enter into contracts.
(2) Receive grants or appropriations from federal, state, or local
governmental entities or from individuals or foundations and
enter into agreements or contracts regarding the acceptance or
use of those grants and appropriations to carry out any of the
activities of the commission.
(3) Apply for, receive, and disburse gifts, contributions, and
grants of funds or in-kind services.
(4) Acquire by grant, purchase, gift, devise, lease, or otherwise
and hold, use, sell, improve, maintain, operate, own, manage,
lease, or dispose of:
(A) real and personal property of every kind and nature; and
(B) any right and interest;
as necessary for the exercise of, or convenient or useful for the
carrying out of, the commission's purposes under this chapter.
(5) Make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of the
commission's purposes.
(6) Employ and fix the reasonable compensation of any
employees and agents the commission considers necessary.
(7) Contract for special and temporary services and for
professional assistance.
(8) Hold, use, administer, and expend money that is
appropriated or transferred to the commission.
(9) Make contracts and leases for facilities and services.
(10) Act as a coordinating agency for programs and activities of
other public and private agencies that are related to the
commission's objectives.
(11) Enter into agreements or partnerships to do the following:
(A) Assist in coordinating activities involving state and local
government, business organizations, and nonprofit
organizations.
(B) Assist in the development and implementation of
programs by other regional agencies and entities.
(12) Enter into coordinative arrangements with:
(A) any unit of government in Indiana or an adjoining state;
(B) an overlapping multicounty or interstate planning or
development agency;
(C) a state agency;
(D) a federal agency;
(E) a private entity; or
(F) a minority business enterprise as defined by
IC 4-13-16.5;
that are appropriate to the achievement of the commission's
objectives or to address a common issue.
(13) Provide any administrative, management, or technical
services to a unit of local government that requests the services.
The local 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 local unit
for the services.
(14) Conduct all necessary studies for the accomplishment of
the commission's purpose.
(15) Publicize the commission's purposes, objectives, and
findings, and distribute reports on those purposes, objectives,
and findings.
(16) Provide recommendations to units of local government and
to other public and private agencies.
(17) Make loans and issue notes as provided in section 19 of
this chapter. As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.4.
IC 36-7-7.6-14 Adoption of regional plan, program, or policy; county exemption
Sec. 14. The commission may adopt by resolution any regional
comprehensive or functional plan, program, or policy as the
commission's official recommendation for the development of the
region, subject to the power of a county to exempt itself under
section 15 of this chapter. The commission shall provide an annual
report of its activities to the legislative bodies of the counties and
municipalities in the region. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-15 Petition not to implement program
Sec. 15. If the commission receives a petition that:
(1) is signed by a majority of the commission members
representing a county affected by a particular program; and
(2) objects to the establishment of the program within that
county;
the commission may not implement the program in that county. As added by P.L.165-2003, SEC.6. IC 36-7-7.6-16 Advisory committees
Sec. 16. (a) The commission must appoint advisory committees
to assist in the achievement of its objectives. The membership of
advisory committees shall not be limited to the members of the
commission.
(b) At least one (1) advisory committee must be appointed with a
membership that is representative of the private sector of the
communities served by the commission and must include members
representative of:
(1) postsecondary educational institutions;
(2) minority business enterprises;
(3) labor and workforce organizations; and
(4) manufacturing entities;
active in at least one (1) of the communities served by the
commission.
(c) Members of advisory committees are not entitled to
compensation for their services but may be reimbursed by the
commission for expenses incurred in the performance of their duties. As added by P.L.165-2003, SEC.6. Amended by P.L.2-2007,
SEC.387.
IC 36-7-7.6-17 Surveys or studies by county or municipal employees
Sec. 17. A county or municipality may periodically, upon the
request of the commission, assign or detail to the commission any
employees of the county or municipality to make special surveys or
studies requested by the commission. As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-18 Annual appropriation budget; tax levy; use of funds
Sec. 18. (a) The commission shall prepare and adopt an annual
appropriation budget for its operation. The appropriation budget shall
be apportioned to each participating county on a pro rata per capita
basis. After adoption of the appropriation budget, any amount that
does not exceed an amount for each participating county equal to
seventy cents ($0.70) per capita for each participating county shall
be certified to the respective county auditor.
(b) A county's portion of the commission's appropriation budget
may be paid from any of the following, as determined by the county
fiscal body:
(1) Property tax revenue as provided in subsections (c) and (d).
(2) Any other local revenue, other than property tax revenue,
received by the county, including local option income tax
revenue under IC 6-3.5, excise tax revenue, riverboat
admissions tax revenue, riverboat wagering tax revenue,
riverboat incentive payments, and any funds received from the
state that may be used for this purpose.
(c) The county auditor shall:
(1) advertise the amount of property taxes that the county fiscal
body determines will be levied to pay the county's portion of the
commission's appropriation budget, after the county fiscal body
determines the amount of other local revenue that will be paid
under subsection (b)(2); and
(2) establish the rate necessary to collect that property tax
revenue;
in the same manner as for other county budgets.
(d) The tax levied under this section 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 collected by the county treasurer shall be
transferred to the commission.
(e) 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
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.
(f) After the budget is approved, amounts may not 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.
(g) Any two (2) of the following officers may allow claims:
(1) Chairperson.
(2) Vice chairperson.
(3) Secretary.
(4) Treasurer.
(h) The treasurer of the commission may receive, disburse, and
otherwise handle funds of the commission, subject to applicable
statutes and to procedures established by the commission.
(i) The commission shall act as a board of finance under the
statutes relating to the deposit of public funds by political
subdivisions.
(j) Any appropriated money remaining unexpended or
unencumbered at the end of a 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 the
amounts in the nonreverting cumulative fund, 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 audited
periodically by the state board of accounts, and those audits shall be
paid for as provided by statute.
As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.5.
IC 36-7-7.6-19 Making of loans and issuing of notes
Sec. 19. (a) The commission may adopt a resolution to make loans
or issue notes to obtain money to pay current operating expenses of
the commission in anticipation of the payment to the commission of
the appropriation budget apportioned to participating counties under
section 18 of this chapter.
(b) The terms and form of a loan or notes shall be set forth in the
resolution. The resolution must specify:
(1) subject to subsection (c), the term of the loan or notes;
(2) the interest rate of the loan or notes;
(3) the medium of payment of the loan or notes;
(4) the place and manner of payment of the loan or notes;
(5) the manner of execution of the loan or notes;
(6) the terms of redemption of the loan or notes; and
(7) the funds or sources of funds from which the loan or notes
are payable, which may be any funds available to the
commission.
(c) A loan or notes under this section must mature in the calendar
year in which the loan is made or the notes are issued. The
commission may use proceeds of the loan or notes only to pay
current operating expenses of the commission in anticipation of the
payment to the commission of the appropriation budget apportioned
to participating counties under section 18 of this chapter.
(d) The total amount of all outstanding loans and notes under this
section in a particular calendar year may not exceed the total amount
of the appropriation budget apportioned to participating counties and
to be paid to the commission under section 18 of this chapter for the
calendar year.
(e) The loan contract or the notes must plainly state that the loan
or notes:
(1) are not an indebtedness of the state;
(2) constitute a corporate obligation solely of the commission;
and
(3) are payable solely from:
(A) payments to the commission of the appropriation budget
apportioned to participating counties under section 18 of this
chapter for the calendar year; and
(B) any other revenues of the commission.
(f) This section contains full and complete authority for the
making of loans and the issuance of notes by the commission under
this section. No other procedure, proceedings, publications, notices,
consents, approvals, orders, or acts by the commission or any other
officer, department, agency, or instrumentality of the state or of any
political subdivision is required to make loans or issue notes under
this section. As added by P.L.39-2007, SEC.6.
