Bill Text: IN SB0105 | 2012 | Regular Session | Amended

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Bill Title: Redevelopment commission members.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2012-01-31 - First reading: referred to Committee on Government and Regulatory Reform [SB0105 Detail]

Download: Indiana-2012-SB0105-Amended.html

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January 20, 2012

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SENATE BILL No. 105

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DIGEST OF SB 105 (Updated January 18, 2012 4:37 pm - DI 87)

Citations Affected: IC 36-7.

Synopsis: Redevelopment commission members. Provides that after December 31, 2012, in counties other than Marion County, at least one of the members appointed to a redevelopment commission by the municipal executive or county executive must also be a member of the school board of a school corporation within the territory served by the redevelopment commission. (Under current law, the municipal executive or county executive is required to appoint such a person as a nonvoting member.)

Effective: January 1, 2013.

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Boots

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    January 4, 2012, read first time and referred to Committee on Local Government.
    January 19, 2012, reported favorably _ Do Pass.

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January 20, 2012

Second Regular Session 117th General Assembly (2012)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.

SENATE BILL No. 105

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    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

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

SOURCE: IC 36-7-14-6.1; (12)SB0105.1.1. -->     SECTION 1. IC 36-7-14-6.1, AS AMENDED BY P.L.146-2008, SECTION 723, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6.1. (a) The five (5) commissioners for a municipal redevelopment commission shall be appointed as follows:
        (1) Three (3) shall be appointed by the municipal executive.
        (2) Two (2) shall be appointed by the municipal legislative body.
The municipal executive shall also appoint an individual to serve as a nonvoting adviser to the redevelopment commission beginning July 1, 2008.
    (b) The commissioners for a county redevelopment commission that has five (5) members shall be appointed as follows:
        (1) The county executive shall appoint all the members whose terms of office begin before January 1, 2008.
        (2) For terms of office beginning after December 31, 2007,
         (1) The county executive shall appoint three (3) members. and
         (2) The county fiscal body shall appoint two (2) members.

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The county executive shall also appoint an individual to serve as a nonvoting adviser to the redevelopment commission beginning July 1, 2008.
    (c) The commissioners for a county redevelopment commission that has seven (7) members shall be appointed as follows:
        (1) The county executive shall appoint all the members whose terms of office begin before January 1, 2008.
        (2) For terms of office beginning after December 31, 2007,
         (1) The county executive shall appoint four (4) members. and
         (2) The county fiscal body shall appoint three (3) members.
The county executive shall also appoint an individual to serve as a nonvoting adviser to the redevelopment commission beginning July 1, 2008.
    (d) A nonvoting adviser After December 31, 2012, at least one (1) of the members appointed under this section to a redevelopment commission by the municipal executive or county executive
        (1) must also be a member of the school board of a school corporation that includes all or part of the territory served by the redevelopment commission.
        (2) is not considered a member of the redevelopment commission for purposes of this chapter but is entitled to attend and participate in the proceedings of all meetings of the redevelopment commission;
        (3) is not entitled to a salary, per diem, or reimbursement of expenses;
        (4) serves for a term of two (2) years and until a successor is appointed; and
        (5) serves at the pleasure of the entity that appointed the nonvoting adviser. A member appointed under this subsection:
        (1) is a voting member of the redevelopment commission with the same powers and responsibilities as the other members of the redevelopment commission; and
         (2) is subject to the same statutes that apply to the other members of the redevelopment commission.

SOURCE: IC 36-7-14-7; (12)SB0105.1.2. -->     SECTION 2. IC 36-7-14-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. (a) Each redevelopment commissioner shall serve for one (1) year from the first day of January after his the commissioner's appointment and until his the commissioner's successor is appointed and has qualified, except that the original commissioners shall serve from the date of their appointment until the first day of January in the second year after their appointment. If a vacancy occurs, a successor shall be appointed in the

same manner as the original commissioner, and the successor shall serve for the remainder of the vacated term.
    (b) Each redevelopment commissioner, before beginning his the commissioner's duties, shall take and subscribe an oath of office in the usual form, to be endorsed on the certificate of his the commissioner's appointment, which shall be promptly filed with the clerk for the unit that he the commissioner serves.
    (c) Each redevelopment commissioner, before beginning his the commissioner's duties, shall execute a bond payable to the state, with surety to be approved by the executive of the unit. The bond must be in the penal sum of fifteen thousand dollars ($15,000) and must be conditioned on the faithful performance of the duties of his the commissioner's office and the accounting for all monies and property that may come into his the commissioner's hands or under his the commissioner's control. The cost of the bond shall be paid by the special taxing district.
    (d) A redevelopment commissioner must be at least eighteen (18) years of age, and must be a resident of the unit that he the commissioner serves.
    (e) If a commissioner ceases to be qualified under this section, he the commissioner forfeits his the office of commissioner.
    (f) Except as provided in subsection (g), redevelopment commissioners are not entitled to salaries but are entitled to reimbursement for expenses necessarily incurred in the performance of their duties.
    (g) A redevelopment commissioner who is not a school board member and who does not otherwise hold a lucrative office for the purpose of Article 2, Section 9 of the Indiana Constitution may receive:
        (1) a salary; or
        (2) a per diem;
and is entitled to reimbursement for expenses necessarily incurred in the performance of the redevelopment commissioner's duties.

SOURCE: IC 36-7-14-10; (12)SB0105.1.3. -->     SECTION 3. IC 36-7-14-10, AS AMENDED BY P.L.146-2008, SECTION 724, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 10. (a) A redevelopment commissioner or a nonvoting adviser appointed under section 6.1 of this chapter may not have a pecuniary interest in any contract, employment, purchase, or sale made under this chapter. However, any property required for redevelopment purposes in which a commissioner or nonvoting adviser has a pecuniary interest may be acquired, but only by gift or condemnation.
    (b) A transaction made in violation of this section is void.