SB 506-14_ Filed 02/10/2009, 10:09 Leising

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 506 be amended to read as follows:

SOURCE: Page 1, line 11; (09)MO050618.1. -->     Page 1, line 11, delete "or".
    Page 1, line 13, after "IC 36-2-3.8);" insert " or
                (iii) the board of county commissioners, for a county in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council;
".
    Page 2, line 8, delete "This subsection applies to".
    Page 2, line 9, delete "elections before 2012.".
    Page 2, delete lines 22 through 40.
    Page 4, line 9, delete "However, in a county not having a".
    Page 4, delete lines 10 through 11.
    Page 4, line 13, after "in" insert " :
                (i)
".
    Page 4, line 15, after "(700,000)" delete "." and insert " ; and".
    Page 4, between lines 15 and 16, begin a new line triple block indented and insert:
                " (ii) a county in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council.".
    Page 5, line 38, delete "However, in a county not having a".
    Page 5, delete lines 39 through 40.
    Page 5, line 42, after "in" insert " :
            (A)
".
    Page 6, line 2, after "(700,000)" delete "." and insert " ; and".
    Page 6, between lines 2 and 3, begin a new line double block indented and insert:
            " (B) a county in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of

county commissioners and a county council.".
    Page 7, line 11, delete "However, in a county not having a".
    Page 7, delete lines 12 through 13.
    Page 7, line 15, after "in" insert " :
                (i)
".
    Page 7, line 17, after "(700,000)" delete "." and insert " ; and".
    Page 7, between lines 17 and 18, begin a new line triple block indented and insert:
                " (ii) a county in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council.".
    Page 10, line 2, after "in" insert " :
                (i)
".
    Page 10, line 4, after "(700,000)" delete "." and insert " ; and".
    Page 10, between lines 4 and 5, begin a new line triple block indented and insert:
                " (ii) a county in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council.".
    Page 10, line 30, after "(700,000)" delete "." and insert " and a county in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council.".
    Page 11, line 9, delete "or".
    Page 11, line 11, after "IC 36-2-3.8" delete "." and insert " ;
            (D) except as provided in IC 36-2-3.5, the board of county commissioners, for
a county in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council; or
            (E) the county council, for a county that is subject to IC 36-2-3.5 and in which the
county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council.".
    Page 12, delete lines 1 through 2, begin a new line block indented and insert:
        " (3) For county ordinances adopted after December 31, 2012:
            (A) except in a county subject to IC 36-2-3.5, by the county executive, for a county
in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council; and
            (B) by the legislative body of the county, for a county not

described in clause (A).".
    Page 21, line 37, after "to" insert " :
        (1)
".
    Page 21, line 39, after "(700,000)" delete "." and insert " ; and".
    Page 21, between lines 39 and 40, begin a new line block indented and insert:
        " (2) a county in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council.".
    Page 22, line 19, delete "or".
    Page 22, between lines 19 and 20, begin a new line block indented and insert:
        " (3) county government shall not be reorganized and the existing structure of county government with a board of county commissioners and a county council shall be retained; or".
    Page 22, line 20, delete "(3)" and insert " (4)".
    Page 22, line 32, delete "majority" and insert " plurality".
    Page 22, line 36, after "to" insert " :
        (1)
".
    Page 22, line 38, after "(700,000)" delete "." and insert " ; and".
    Page 22, between lines 38 and 39, begin a new line block indented and insert:
        " (2) a county in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council.".
    Page 29, line 20, after "or" insert " after December 31, 2012, the county executive (in a county that has a board of county commissioners) or".
    Page 29, line 21, delete "(after December 31, 2012)" and insert " (in a county that does not have a board of county commissioners)".
    Page 29, line 24, after "or" insert " after December 31, 2012, the county executive (in a county that has a board of county commissioners) or".
    Page 29, line 25, delete "(after December 31, 2012)" and insert " (in a county that does not have a board of county commissioners)".
    Page 31, line 6, after "(700,000)." insert " However, after December 31, 2012, this chapter continues to apply to a county described in subsection (a)(1)(B) if the county legislative body determines under IC 36-2-2.4 or the voters of the county choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council.".
    Page 31, line 14, after "to" insert " :
        (1)
".
    Page 31, line 16, after "(700,000)" delete "." and insert " ; and".


    Page 31, between lines 16 and 17, begin a new line block indented and insert:
        " (2) a county in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council.".
    Page 33, line 7, delete "majority" and insert " plurality".
    Page 33, line 11, after "to" insert " :
        (1)
".
    Page 33, line 13, after "(700,000)" delete "." and insert " ; and".
    Page 33, between lines 13 and 14, begin a new line block indented and insert:
        " (2) a county in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council.".
    Page 34, line 20, delete "majority" and insert " plurality".
    Page 34, line 24, after "to" insert " :
        (1)
".
    Page 34, line 26, after "(700,000)" delete "." and insert " ; and".
    Page 34, between lines 26 and 27, begin a new line block indented and insert:
        " (2) a county in which the county legislative body determines under IC 36-2-2.4 or the voters choose under IC 36-2-3.9 to retain the existing structure with a board of county commissioners and a county council.".
    Page 37, line 36, after "elected." delete "".".
    Page 37, between lines 36 and 37, begin a new line double block indented and insert:
            " ( __ ) County government shall not be reorganized. The existing structure of county government with a board of county commissioners and a county council shall be retained."".
    Page 37, line 39, delete "majority" and insert " plurality".
    Page 38, line 2, delete "majority" and insert " plurality".
    Page 38, between lines 6 and 7, begin a new paragraph and insert:
    " (c) If a plurality of the voters who vote on the public question vote in favor of not reorganizing county government, the county government shall not be reorganized, and the existing structure of county government with a board of county commissioners and a county council shall be retained.".
    Page 39, delete lines 14 through 42.
    Delete page 40.

    Page 41, delete lines 1 through 17.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 506 as printed February 6, 2009.)

________________________________________

Senator LEISING


MO050618/DI 73
2009