Bill Text: IN SB0060 | 2011 | Regular Session | Enrolled
Bill Title: Local government issues.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-18 - SECTIONS 4 through 7 effective 07/01/2011 [SB0060 Detail]
Download: Indiana-2011-SB0060-Enrolled.html
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AN ACT to amend the Indiana Code concerning local government.
(1) who is a member of a governing body of a public agency; or
(2) whose tenure and compensation are fixed by law and who executes an oath.
(b) Executive sessions may be held only in the following instances:
(1) Where authorized by federal or state statute.
(2) For discussion of strategy with respect to any of the following:
(A) Collective bargaining.
(B) Initiation of litigation or litigation that is either pending or has been threatened specifically in writing.
(C) The implementation of security systems.
(D) The purchase or lease of real property by the governing body up to the time a contract or option to purchase or lease is executed by the parties.
However, all such strategy discussions must be necessary for competitive or bargaining reasons and may not include competitive or bargaining adversaries.
(3) For discussion of the assessment, design, and implementation of school safety and security measures, plans, and systems.
(4) Interviews and negotiations with industrial or commercial prospects or agents of industrial or commercial prospects by the Indiana economic development corporation, the office of tourism development, the Indiana finance authority, the ports of Indiana, an economic development commission, the Indiana state department of agriculture, a local economic development organization (as defined in IC 5-28-11-2(3)), or a governing body of a political subdivision.
(5) To receive information about and interview prospective employees.
(6) With respect to any individual over whom the governing body has jurisdiction:
(A) to receive information concerning the individual's alleged misconduct; and
(B) to discuss, before a determination, the individual's status as an employee, a student, or an independent contractor who is:
(i) a physician; or
(ii) a school bus driver.
(7) For discussion of records classified as confidential by state or federal statute.
(8) To discuss before a placement decision an individual student's abilities, past performance, behavior, and needs.
(9) To discuss a job performance evaluation of individual employees. This subdivision does not apply to a discussion of the salary, compensation, or benefits of employees during a budget process.
(10) When considering the appointment of a public official, to do the following:
(A) Develop a list of prospective appointees.
(B) Consider applications.
(C) Make one (1) initial exclusion of prospective appointees from further consideration.
Notwithstanding IC 5-14-3-4(b)(12), a governing body may release and shall make available for inspection and copying in accordance with IC 5-14-3-3 identifying information concerning prospective appointees not initially excluded from further consideration. An initial exclusion of prospective appointees from further consideration may not reduce the number of prospective appointees to fewer than three (3) unless there are fewer than three (3) prospective appointees. Interviews of prospective appointees must be conducted at a meeting that is open to the
public.
(11) To train school board members with an outside consultant
about the performance of the role of the members as public
officials.
(12) To prepare or score examinations used in issuing licenses,
certificates, permits, or registrations under IC 25.
(13) To discuss information and intelligence intended to prevent,
mitigate, or respond to the threat of terrorism.
(14) To train members of a board of aviation commissioners
appointed under IC 8-22-2 or members of an airport
authority board appointed under IC 8-22-3 with an outside
consultant about the performance of the role of the members
as public officials. A board may hold not more than one (1)
executive session per calendar year under this subdivision.
(c) A final action must be taken at a meeting open to the public.
(d) Public notice of executive sessions must state the subject matter
by specific reference to the enumerated instance or instances for which
executive sessions may be held under subsection (b). The requirements
stated in section 4 of this chapter for memoranda and minutes being
made available to the public is modified as to executive sessions in that
the memoranda and minutes must identify the subject matter
considered by specific reference to the enumerated instance or
instances for which public notice was given. The governing body shall
certify by a statement in the memoranda and minutes of the governing
body that no subject matter was discussed in the executive session
other than the subject matter specified in the public notice.
(e) A governing body may not conduct an executive session during
a meeting, except as otherwise permitted by applicable statute. A
meeting may not be recessed and reconvened with the intent of
circumventing this subsection.
(b) The board consists of members appointed as follows:
(1) The mayor of the consolidated city shall appoint
(2) The
(3) The county executive of each Indiana county that fulfills all of the following requirements shall each appoint one (1) member:
(A) The county is adjacent to the county having the consolidated city.
(B) The county has a population of:
(i) more than one hundred thousand (100,000) but less than one hundred five thousand (105,000);
(ii) more than fifty-five thousand (55,000) but less than sixty-five thousand (65,000); or
(iii) more than one hundred eighty thousand (180,000) but less than one hundred eighty-two thousand seven hundred ninety (182,790).
(C) The authority owns real property in the county.
The county executive of a county represented on the board under this subdivision may not appoint an advisory member under section 4(e) of this chapter.
Not more than
(c)
(1) is located in the county having the consolidated city; and
(2) has a population of:
(A) less than twenty-five thousand (25,000); or
(B) more than one hundred thirty-three thousand (133,000) but less than one hundred fifty thousand (150,000).
(d) A member of the board appointed under subsection
(1) located in the county making the appointment; and
(2) having a population of more than twenty thousand (20,000) but less than twenty-five thousand (25,000).
(e) The county executive of a county that is not otherwise represented on the board and that is located not more than one thousand two hundred (1,200) feet from a certified air carrier airport
that is owned or operated by the authority may appoint one (1) advisory
member to the board. An advisory member appointed under this
subsection:
(1) must be a resident of:
(A) the county making the appointment; and
(B) one (1) of the two (2) townships in the county located
nearest to the airport;
(2) may not vote on any matter before the board;
(3) serves at the pleasure of the appointing authority; and
(4) serves without compensation or payment for expenses.
(f) A member of the board holds office for four (4) years and until
the member's successor is appointed and qualified.
(g) If a vacancy occurs in the board, the authority that appointed the
member that vacated the board shall appoint an individual to serve for
the remainder of the unexpired term.
(h) A board member may be reappointed to successive terms.
(i) A board member may be impeached under the procedure
provided for the impeachment of county officers.
(j) A board member appointed under subsection (b)(3) may not vote
on a matter before the board relating to imposing, increasing, or
decreasing property taxes in the county having the consolidated city.
(1) As a municipal corporation, to sue and be sued in its own name.
(2) To have all the powers and duties conferred by statute upon boards of aviation commissioners. The board supersedes all boards of aviation commissioners within the district. The board has exclusive jurisdiction within the district.
(3) To protect all property owned or managed by the board.
(4) To adopt an annual budget and levy taxes in accordance with this chapter.
(A) The board may not levy taxes on property in excess of the following rate schedule, except as provided in sections 17 and 25 of this chapter:
Total Assessed Rate Per $100 Of
Property Valuation Assessed Valuation
$300 million or less $0.10
More than $300 million
but not more than $450 million $0.0833
More than $450 million
but not more than $600 million $0.0667
More than $600 million
but not more than $900 million $0.05
More than $900 million $0.0333
(B) Clause (A) does not apply to an authority that was established under IC 19-6-2 or IC 19-6-3 (before their repeal on April 1, 1980).
(C) The board of an authority that was established under IC 19-6-3 (before its repeal on April 1, 1980) may levy taxes on property not in excess of six and sixty-seven hundredths cents ($0.0667) on each one hundred dollars ($100) of assessed valuation.
(5) To incur indebtedness in the name of the authority in accordance with this chapter.
(6) To adopt administrative procedures, rules, and regulations.
(7) To acquire property, real, personal, or mixed, by deed, purchase, lease, condemnation, or otherwise and dispose of it for use or in connection with or for administrative purposes of the airport; to receive gifts, donations, bequests, and public trusts and to agree to conditions and terms accompanying them and to bind the authority to carry them out; to receive and administer federal or state aid; and to erect buildings or structures that may be needed to administer and carry out this chapter.
(8) To determine matters of policy regarding internal organization and operating procedures not specifically provided for otherwise.
(9) To adopt a schedule of reasonable charges and to collect them from all users of facilities and services within the district.
(10) To purchase supplies, materials, and equipment to carry out the duties and functions of the board in accordance with procedures adopted by the board.
(11) To employ personnel that are necessary to carry out the duties, functions, and powers of the board.
(12) To establish an employee pension plan. The board may, upon due investigation, authorize and begin a fair and reasonable pension or retirement plan and program for personnel, the cost to be borne by either the authority or by the employee or by both, as the board determines. If the authority was established under IC 19-6-2 (before its repeal on April 1, 1980), the entire cost must be borne by the authority, and ordinances creating the plan or making changes in it must be approved by the mayor of the city.
The plan may be administered and funded by a trust fund or by
insurance purchased from an insurance company licensed to do
business in Indiana or by a combination of them. The board may
also include in the plan provisions for life insurance, disability
insurance, or both.
(13) To sell surplus real or personal property in accordance with
law. If the board negotiates an agreement to sell trees situated in
woods or forest areas owned by the board, the trees are considered
to be personal property of the board for severance or sale.
(14) To adopt and use a seal.
(15) To acquire, establish, construct, improve, equip, maintain,
control, lease, and regulate municipal airports, landing fields, and
other air navigation facilities, either inside or outside the district;
to acquire by lease (with or without the option to purchase)
airports, landing fields, or navigation facilities, and any structures,
equipment, or related improvements; and to erect, install,
construct, and maintain at the airport or airports facilities for the
servicing of aircraft and for the comfort and accommodation of air
travelers and the public. The Indiana department of transportation
must grant its approval before land may be purchased for the
establishment of an airport or landing field and before an airport
or landing field may be established.
(16) To fix and determine exclusively the uses to which the
airport lands may be put. All uses must be necessary or desirable
to the airport or the aviation industry and must be compatible with
the uses of the surrounding lands as far as practicable.
(17) To elect a secretary from its membership, or to employ a
secretary, an airport director, superintendents, managers, a
treasurer, engineers, surveyors, attorneys, clerks, guards,
mechanics, laborers, and all employees the board considers
expedient, and to prescribe and assign their respective duties and
authorities and to fix and regulate the compensation to be paid to
the persons employed by it in accordance with the authority's
appropriations. All employees shall be selected irrespective of
their political affiliations.
(18) To make all rules and regulations, consistent with laws
regarding air commerce, for the management and control of its
airports, landing fields, air navigation facilities, and other
property under its control.
(19) To acquire by lease the use of an airport or landing field for
aircraft pending the acquisition and improvement of an airport or
landing field.
(20) To manage and operate airports, landing fields, and other air navigation facilities acquired or maintained by an authority; to lease all or part of an airport, landing field, or any buildings or other structures, and to fix, charge, and collect rentals, tolls, fees, and charges to be paid for the use of the whole or a part of the airports, landing fields, or other air navigation facilities by aircraft landing there and for the servicing of the aircraft; to construct public recreational facilities that will not interfere with air operational facilities; to fix, charge, and collect fees for public admissions and privileges; and to make contracts for the operation and management of the airports, landing fields, and other air navigation facilities; and to provide for the use, management, and operation of the air navigation facilities through lessees, its own employees, or otherwise. Contracts or leases for the maintenance, operation, or use of the airport or any part of it may be made for a term not exceeding fifteen (15) years and may be extended for similar terms of years, except that any parcels of the land of the airport may be leased for any use connected with the operation and convenience of the airport for an initial term not exceeding forty (40) years and may be extended for a period not to exceed ten (10) years. If a person whose character, experience, and financial responsibility have been determined satisfactory by the board offers to erect a permanent structure that facilitates and is consistent with the operation, use, and purpose of the airport on land belonging to the airport, a lease may be entered into for a period not to exceed ninety-nine (99) years. However, the board must pass an ordinance to enter into such a lease. The board may not grant an exclusive right for the use of a landing area under its jurisdiction. However, this does not prevent the making of leases in accordance with other provisions of this chapter. All contracts, and leases, are subject to restrictions and conditions that the board prescribes. The authority may lease its property and facilities for any commercial or industrial use it considers necessary and proper, including the use of providing airport motel facilities. For the airport authority established by the city of Gary, the board may approve a lease, management agreement, or other contract:
(A) with a person:
(i) who is selected by the board using the procedures under IC 36-1-9.5; and
(ii) whose character, experience, and financial responsibility have been determined satisfactory by the board; and
(B) to use, plan, design, acquire, construct, reconstruct,
improve, extend, expand, lease, operate, repair, manage,
maintain, or finance all or any part of the airport and its
landing fields, air navigation facilities, and other buildings and
structures for a period not to exceed ninety-nine (99) years.
However, the board must pass an ordinance to enter into such
a lease, management agreement, or other contract. All
contracts, leases, and management agreements are subject to
restrictions and conditions that the board prescribes. The
authority may lease its property and facilities for any
commercial or industrial use it considers necessary and proper,
including the use of providing airport motel facilities. A lease,
management agreement, or other contract entered into under
this section or any other provision of this chapter may be
entered into without complying with IC 5-23.
(21) To sell machinery, equipment, or material that is not required
for aviation purposes. The proceeds shall be deposited with the
treasurer of the authority.
(22) To negotiate and execute contracts for sale or purchase,
lease, personal services, materials, supplies, equipment, or any
other transaction or business relative to an airport under the
board's control and operation. However, whenever the board
determines to sell part or all of aviation lands, buildings, or
improvements owned by the authority, the sale must be in
accordance with law.
(23) To vacate all or parts of roads, highways, streets, or alleys,
whether inside or outside the district, in the manner provided by
statute.
(24) To annex lands to itself if the lands are owned by the
authority or are streets, roads, or other public ways.
(25) To approve any state, county, city, or other highway, road,
street or other public way, railroad, power line, or other
right-of-way to be laid out or opened across an airport or in such
proximity as to affect the safe operation of the airport.
(26) To construct drainage and sanitary sewers with connections
and outlets as are necessary for the proper drainage and
maintenance of an airport or landing field acquired or maintained
under this chapter, including the necessary buildings and
improvements and for the public use of them in the same manner
that the authority may construct sewers and drains. However, with
respect to the construction of drains and sanitary sewers beyond
the boundaries of the airport or landing field, the board shall
proceed in the same manner as private owners of property and
may institute proceedings and negotiate with the departments,
bodies, and officers of an eligible entity to secure the proper
orders and approvals; and to order a public utility or public
service corporation or other person to remove or to install in
underground conduits wires, cables, and power lines passing
through or over the airport or landing field or along the borders or
within a reasonable distance that may be determined to be
necessary for the safety of operations, upon payment to the utility
or other person of due compensation for the expense of the
removal or reinstallation. The board must consent before any
franchise may be granted by state or local authorities for the
construction of or maintenance of railway, telephone, telegraph,
electric power, pipe, or conduit line upon, over, or through land
under the control of the board or within a reasonable distance of
land that is necessary for the safety of operation. The board must
also consent before overhead electric power lines carrying a
voltage of more than four thousand four hundred (4,400) volts and
having poles, standards, or supports over thirty (30) feet in height
within one-half (1/2) mile of a landing area acquired or
maintained under this chapter may be installed.
(27) To contract with any other state agency or instrumentality or
any political subdivision for the rendition of services, the rental
or use of equipment or facilities, or the joint purchase and use of
equipment or facilities that are necessary for the operation,
maintenance, or construction of an airport operated under this
chapter.
(28) To provide air transportation in furtherance of the duties and
responsibilities of the board.
(29) To promote or encourage aviation-related trade or commerce
at the airports that it operates.
(30) To provide aviation services to public use airports within
or outside Indiana either directly or through an affiliate entity
established by the board.
(1) at least seventy-five thousand dollars ($75,000) in:
(A) a consolidated city or second class city;
(B) a county containing a consolidated city or second class city; or
(C) a regional water or sewage district established under IC 13-26; or
(2) at least fifty thousand dollars ($50,000) in a political subdivision or an agency not described in subdivision (1).
(b) The board must comply with the following procedure:
(1) The board shall prepare general plans and specifications describing the kind of public work required, but shall avoid specifications which might unduly limit competition. If the project involves the resurfacing (as defined by IC 8-14-2-1) of a road, street, or bridge, the specifications must show how the weight or volume of the materials will be accurately measured and verified.
(2) The board shall file the plans and specifications in a place reasonably accessible to the public, which shall be specified in the notice required by subdivision (3).
(3) Upon the filing of the plans and specifications, the board shall publish notice in accordance with IC 5-3-1 calling for sealed proposals for the public work needed.
(4) The notice must specify the place where the plans and specifications are on file and the date fixed for receiving bids.
(5) The period of time between the date of the first publication and the date of receiving bids shall be governed by the size of the contemplated project in the discretion of the board. The period of time between the date of the first publication and receiving bids may not be more than:
(A) six (6) weeks if the estimated cost of the public works project is less than twenty-five million dollars ($25,000,000); and
(B) ten (10) weeks if the estimated cost of the public works project is at least twenty-five million dollars ($25,000,000).
(6) If the cost of a project is one hundred thousand dollars ($100,000) or more, the board shall require the bidder to submit a financial statement, a statement of experience, a proposed plan or plans for performing the public work, and the equipment that the bidder has available for the performance of the public work. The statement shall be submitted on forms prescribed by the state board of accounts.
(7) The board may not require a bidder to submit a bid before the
meeting at which bids are to be received. The meeting for
receiving bids must be open to the public. All bids received shall
be opened publicly and read aloud at the time and place
designated and not before. Notwithstanding any other law, bids
may be opened after the time designated if both of the
following apply:
(A) The board makes a written determination that it is in
the best interest of the board to delay the opening.
(B) The day, time, and place of the rescheduled opening are
announced at the day, time, and place of the originally
scheduled opening.
(8) Except as provided in subsection (c), the board shall:
(A) award the contract for public work or improvements to the
lowest responsible and responsive bidder; or
(B) reject all bids submitted.
(9) If the board awards the contract to a bidder other than the
lowest bidder, the board must state in the minutes or memoranda,
at the time the award is made, the factors used to determine which
bidder is the lowest responsible and responsive bidder and to
justify the award. The board shall keep a copy of the minutes or
memoranda available for public inspection.
(10) In determining whether a bidder is responsive, the board may
consider the following factors:
(A) Whether the bidder has submitted a bid or quote that
conforms in all material respects to the specifications.
(B) Whether the bidder has submitted a bid that complies
specifically with the invitation to bid and the instructions to
bidders.
(C) Whether the bidder has complied with all applicable
statutes, ordinances, resolutions, or rules pertaining to the
award of a public contract.
(11) In determining whether a bidder is a responsible bidder, the
board may consider the following factors:
(A) The ability and capacity of the bidder to perform the work.
(B) The integrity, character, and reputation of the bidder.
(C) The competence and experience of the bidder.
(12) The board shall require the bidder to submit an affidavit:
(A) that the bidder has not entered into a combination or
agreement:
(i) relative to the price to be bid by a person;
(ii) to prevent a person from bidding; or
(iii) to induce a person to refrain from bidding; and
(B) that the bidder's bid is made without reference to any other bid.
(c) Notwithstanding subsection (b)(8), a county may award sand, gravel, asphalt paving materials, or crushed stone contracts to more than one (1) responsible and responsive bidder if the specifications allow for bids to be based upon service to specific geographic areas and the contracts are awarded by geographic area. The geographic areas do not need to be described in the specifications.
(b) As used in this SECTION, "appointee of the board of commissioners" refers to the individual appointed to the board of the authority under IC 8-22-3-4.1(b)(2), as in effect before July 1, 2011.
(c) Notwithstanding IC 8-22-3-4.1, as in effect before July 1, 2011, and as amended by this act, the term of the appointee of the board of commissioners expires January 1, 2012.
(d) The appointment to the board of the authority by the majority leader of the legislative body of the county having the consolidated city under IC 8-22-3-4.1(b)(2), as amended by this act, is effective January 1, 2012.
(e) After December 31, 2011, the appointee of the board of commissioners may be reappointed to the board of the authority under IC 8-22-3-4.1, as amended by this act, by any public official who has the power to make an appointment under IC 8-22-3-4.1, as amended by this act.
(f) This SECTION expires January 1, 2013.
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