MADAM PRESIDENT:
The Senate Committee on Governmental Affairs and Interstate Cooperation, to which was
referred House Bill No. 1362, has had the same under consideration and begs leave to report
the same back to the Senate with the recommendation that said bill be AMENDED as follows:
chapter.".
Page 15, line 15, delete "township)" and insert " city)".
Page 15, line 16, delete "county)" and insert " township)".
Page 15, between lines 20 and 21, begin a new paragraph and insert:
" (b) This subsection applies only to a reorganization described
in section 1(10) of this chapter. The reorganization is approved if
a majority of the voters of the county voting on the public question
on the reorganization approve the reorganization.".
Page 15, line 33, after "reorganization" delete "." and insert " or (in
the case of a reorganization described in section 1(10) of this
chapter) if a majority of the voters of the entire county approve the
public question concerning the reorganization.".
Page 17, delete lines 27 through 42, begin a new paragraph and
insert:
" Sec. 40. The following apply in the case of a reorganization
under this article:
(1) Indebtedness that was incurred by a political subdivision
before the reorganization:
(A) may not be imposed on taxpayers that were not
responsible for payment of the indebtedness before the
reorganization; and
(B) must be paid by the taxpayers that were responsible
for payment of the indebtedness before the reorganization.
(2) Pension obligations existing as of the effective date of the
reorganization:
(A) may not be imposed on taxpayers that were not
responsible for payment of the pension obligations before
the reorganization; and
(B) must be paid by the taxpayers that were responsible
for payment of the pension obligations before the
reorganization.".
Page 18, delete lines 1 through 34.
Page 20, between lines 28 and 29, begin a new paragraph and insert:
" Chapter 5. Cooperative Agreements and Transfers of
Responsibilities
Sec. 1. Notwithstanding any other law, two (2) or more political
subdivisions may enter into a cooperative agreement under this
chapter by using the same procedures set forth in this article for
the initiation and approval of a reorganization under this article.
A cooperative agreement under this chapter may be initiated and
approved only in the manner set forth in this article for the
initiation and approval of a reorganization under this article.
Sec. 2. (a) A cooperative agreement under this chapter must
provide at least for the following:
(1) Its duration.
(2) Its purpose.
(3) The manner of financing, staffing, and supplying any joint
undertaking and of establishing and maintaining a budget for
any joint undertaking that is the subject of the cooperative
agreement.
(4) The methods that may be employed in accomplishing the
partial or complete termination of the cooperative agreement
and for disposing of property upon partial or complete
termination of the cooperative agreement.
(5) The manner in which the cooperative agreement is to be
administered.
(6) The manner of acquiring, holding, and disposing of real
and personal property that is the subject of the cooperative
agreement.
(b) A cooperative agreement may include any condition or term
that is necessary or appropriate.
Sec. 3. (a) The cooperative agreement may transfer the
functions of an employee or a department of a political subdivision,
including an elected office, to another employee or department of
any political subdivision that has entered into the cooperative
agreement.
(b) The functions of an elected office may be transferred only to
another elected office.
(c) The cooperative agreement may provide for the abolishment
of an elected office that is not required by the Constitution of the
State of Indiana.
Sec. 4. A political subdivision may enter into a cooperative
agreement with an entity to share the services of an employee
employed by any party to the agreement.
Sec. 5. A cooperative agreement may provide that a political
subdivision:
(1) may appropriate and pledge any legally available
revenues to the payment of the bonds, leases, or other
obligations of another political subdivision that is a party to
the cooperative agreement; and
(2) will appropriate legally available revenues for any other
payment under the cooperative agreement;
if the political subdivision's fiscal body finds that it is necessary,
desirable, and in the best interests of the residents of that political
subdivision.
Sec. 6. (a) A cooperative agreement may not permit an entity or
another instrumentality established to administer the cooperative
agreement to take any action that at least one (1) of the parties to
the cooperative agreement could not carry out on its own.
(b) A cooperative agreement may permit the transfer of money
from one (1) fund of a political subdivision for a use authorized by
the cooperative agreement.
Sec. 7. (a) A cooperative agreement transferring the functions
of an elected office becomes effective only at the end of the term of
the incumbent that holds the office.
(b) Any law, rule, or agreement that requires or permits an
action by an employee or elected officer after the functions of the
employee or elected officer are transferred shall be treated as
referring to the employee or elected officer to which the functions
have been transferred by the cooperative agreement.
Sec. 8. The department of local government finance shall adjust
as necessary tax rates, tax levies, and budgets of political
subdivisions that enter into a cooperative agreement under this
chapter in the same manner as tax rates, tax levies, and budgets
are adjusted under IC 36-1.5-3 for reorganizing political
subdivisions.".
(Reference is to HB 1362 as reprinted January 24, 2006.)
and when so amended that said bill do pass.
Committee Vote: Yeas 6, Nays 5.
Riegsecker