§ 36-7.5-2-3 — Development board; members

Indiana § 36-7.5-2-3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7.5: NORTHWEST INDIANA REGIONAL
• Ch. 2: Development Authority and Board

Text

(a) The development authority is governed by
the development board appointed under this section.
(b) Except as provided in subsections (d), (e), and (g), the
development board is composed of the following ten (10) members:
(1) Two (2) members appointed by the governor. One (1) of the
members appointed by the governor under this subdivision shall
be designated as chair by the governor. One (1) of the members
appointed by the governor must reside in Porter County. Both
members appointed by the governor under this subdivision serve
at the pleasure of the governor.
(2) The following members from Lake County:
(A) One (1) member appointed by the mayor of the largest city
in the county in which a riverboat is located. The member
appointed under this clause must be a resident of the largest city
in the county in which a riverboat is located.
(B) One (1) member appointed by the mayor of the second
largest city in the county in which a riverboat is located. The
member appointed under this clause must be a resident of the
second largest city in the county in which a riverboat is located.
(C) One (1) member appointed by the mayor of the third largest
city in the county in which a riverboat is located. The member
appointed under this clause must be a resident of the third
largest city in the county in which a riverboat is located.
(D) One (1) member appointed jointly by the county executive
and the county fiscal body. A member appointed under this
clause may not reside in a city described in clause (A), (B), or
(C).
(3) One (1) member appointed jointly by the county executive and
county fiscal body of Porter County. The member appointed under
this subdivision must be a resident of Porter County.
(4) The following three (3) members appointed under subsection
(i):
(A) One (1) member appointed from Lake County.
(B) One (1) member appointed from Porter County.
(C) One (1) member appointed from LaPorte County.
The members appointed under this subdivision may only vote on
matters that pertain strictly to a transit development district
established under IC 36-7.5-4.5-17.
(c) A member appointed to the development board must have
knowledge and at least five (5) years professional work experience in
at least one (1) of the following:
(1) Rail transportation or air transportation.
(2) Regional economic development.
(3) Business or finance.
(d) LaPorte County is an eligible county participating in the
development authority if the fiscal body of the county adopts an
ordinance providing that the county is joining the development
authority and the fiscal body of the city of Michigan City adopts an
ordinance providing that the city is joining the development authority.
Notwithstanding subsection (b), if ordinances are adopted under this
subsection and the county becomes an eligible county participating in
the development authority:
(1) the development board shall be composed of twelve (12)
members rather than ten (10) members; and
(2) the additional two (2) members shall be appointed in the
following manner:
(A) One (1) additional member shall be appointed by the
governor and shall serve at the pleasure of the governor. The
member appointed under this clause must be an individual
nominated under subsection (e).
(B) One (1) additional member shall be appointed jointly by the
county executive and county fiscal body. The member
appointed under this clause must be a resident of LaPorte
County.
(e) This subsection applies only if the county described in
subsection (d) is an eligible county participating in the development
authority. The mayor of the largest city in the county described in
subsection (d) shall nominate three (3) residents of the county for
appointment to the development board. The governor's initial
appointment under subsection (d)(2)(A) must be an individual
nominated by the mayor. At the expiration of the member's term, the
mayor of the second largest city in the county described in subsection
(d) shall nominate three (3) residents of the county for appointment to
the development board. The governor's second appointment under
subsection (d)(2)(A) must be an individual nominated by the mayor.
Thereafter, the authority to nominate the three (3) individuals from
among whom the governor shall make an appointment under
subsection (d)(2)(A) shall alternate between the mayors of the largest
and the second largest city in the county at the expiration of a member's
term.
(f) An individual or entity required to make an appointment under
subsection (b) must make the initial appointment before September 1,
2005, or the initial nomination before August 15, 2005. If an individual
or entity does not make an initial appointment under subsection (b)
before September 1, 2005, the governor shall instead make the initial
appointment.
(g) Subsection (h) applies only:
(1) to municipalities located in Porter County; and
(2) if Porter County was a member of the development authority
on January 1, 2009, and subsequently ceases to be a member of
the development authority.
(h) If the fiscal bodies of at least two (2) municipalities subject to
this subsection adopt ordinances to become members of the
development authority, those municipalities shall become members of
the development authority. If two (2) or more municipalities become
members of the development authority under this subsection, the fiscal
bodies of the municipalities that become members of the development
authority shall jointly appoint one (1) member of the development
board who shall serve in place of the member described in subsection
(b)(3). A municipality that becomes a member of the development
authority under this subsection is considered an eligible municipality
for purposes of this article.
(i) The governor shall appoint three (3) members to the
development board as follows:
(1) The initial appointment of one (1) member shall be selected
out of a list of three (3) nominations from the county executive of
Lake County. The nominations shall be transmitted to the
governor before July 1, 2020. If the county executive of Lake
County does not make the initial nominations by July 1, 2020, the
governor shall instead make the initial appointment. After the
expiration of the term of a member appointed under this
subdivision, or if a vacancy occurs before the end of the term of
a member appointed under this subdivision, the county executive
of Lake County shall transmit a list of three (3) nominations to the
governor not later than ninety (90) days after the expiration or the
vacancy occurs. The governor shall appoint one (1) member out
of the list of three (3) nominations, or, if the county executive of
Lake County does not make the nominations within ninety (90)
days after the expiration or the vacancy occurs, the governor shall
instead make the appointment. A member appointed under this
subdivision must be a resident of Lake County.
(2) The initial appointment of one (1) member shall be selected
out of a list of three (3) nominations from the county executive of
Porter County. The nominations shall be transmitted to the
governor before July 1, 2020. If the county executive of Porter
County does not make the initial nominations by July 1, 2020, the
governor shall instead make the initial appointment. After the
expiration of the term of a member appointed under this
subdivision, or if a vacancy occurs before the end of the term of
a member appointed under this subdivision, the county executive
of Porter County shall transmit a list of three (3) nominations to
the governor not later than ninety (90) days after the expiration or
the vacancy occurs. The governor shall appoint one (1) member
out of the list of three (3) nominations, or, if the county executive
of Porter County does not make the nominations within ninety
(90) days after the expiration or the vacancy occurs, the governor
shall instead make the appointment. A member appointed under
this subdivision must be a resident of Porter County.
(3) The initial appointment of one (1) member shall be selected
out of a list of three (3) nominations from the county executive of
LaPorte County. The nominations shall be transmitted to the
governor before July 1, 2020. If the county executive of LaPorte
County does not make the initial nominations by July 1, 2020, the
governor shall instead make the initial appointment. After the
expiration of the term of a member appointed under this
subdivision, or if a vacancy occurs before the end of the term of
a member appointed under this subdivision, the county executive
of LaPorte County shall transmit a list of three (3) nominations to
the governor not later than ninety (90) days after the expiration or
the vacancy occurs. The governor shall appoint one (1) member
out of the list of three (3) nominations, or, if the county executive
of LaPorte County does not make the nominations within ninety
(90) days after the expiration or the vacancy occurs, the governor
shall instead make the appointment. A member appointed under
this subdivision must be a resident of LaPorte County.

Legislative History

As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.55; P.L.1-2007, SEC.241; P.L.182-2009(ss), SEC.423; P.L.119-2012, SEC.216; P.L.248-2017, SEC.4; P.L.144-2020, SEC.1; P.L.165-2021, SEC.209; P.L.9-2022, SEC.81; P.L.104-2022, SEC.198.