MADAM PRESIDENT:
I move
that Senate Bill 506 be amended to read as follows:
However, for elections in 2012 and thereafter, a county council
member shall be elected only in a county in which the voters of the
county have in the most recent public question under IC 36-2-3.9
approved a county government structure with a county council.".
Page 6, delete lines 8 through 10, begin a new line block indented
and insert:
" (12) For elections in 2012 and thereafter, a board of county
supervisors shall be elected only in a county in which the
voters of the county have in the most recent public question
under IC 36-2-3.9 approved a county government structure
with a board of county supervisors.
(13) For elections in 2012 and thereafter, a county executive,
legislative body, or fiscal body member shall be elected as
required under a county's reorganization plan under
IC 36-1.5-8 in a county in which a reorganization plan has
been approved by the voters of the county in the most recent
public question under IC 36-2-3.9.".
Page 6, line 11, delete "(13)" and insert " (14)".
Page 6, line 12, delete "(14)" and insert " (15)".
Page 6, line 13, delete "(15)" and insert " (16)".
Page 6, line 15, delete "(16)" and insert " (17)".
Page 6, line 16, delete "(17)" and insert " (18)".
Page 7, line 15, after "in" insert " :
(i)".
Page 7, line 17, after "(700,000)" delete "." and insert " ; and".
Page 7, delete lines 18 through 21, begin a new line triple block
indented and insert:
" (ii) a county in which the voters of the county have in
the most recent public question under IC 36-2-3.9
approved a county government structure with a board of
county commissioners.
(I) For elections in 2012 and thereafter, a single elected
county chief executive officer shall be elected only in a
county in which the voters of the county have in the most
recent public question under IC 36-2-3.9 approved a
county government structure with a single elected county
chief executive officer.".
Page 7, line 22, delete "(in a county subject to" and insert ".
However, for elections in 2012 and thereafter, a county council
member shall be elected only in a county in which the voters of the
county have in the most recent public question under IC 36-2-3.9
approved a county government structure with a county council.".
Page 7, delete lines 23 through 25, begin a new line double block
indented and insert:
" (K) For elections in 2012 and thereafter, a board of
county supervisors shall be elected only in a county in
which the voters of the county have in the most recent
public question under IC 36-2-3.9 approved a county
government structure with a board of county supervisors.
(L) For elections in 2012 and thereafter, a county
executive, legislative body, or fiscal body member shall be
elected as required under a county's reorganization plan
under IC 36-1.5-8 in a county in which a reorganization
plan has been approved by the voters of the county in the
most recent public question under IC 36-2-3.9.".
Page 9, delete lines 40 through 42, begin a new line double block
indented and insert:
" (A) board of county commissioners;
(B) chief executive officer elected under IC 36-2-2.5;
(C) the board of county supervisors elected under
IC 36-2-3.8; or
(D) the executive specified in a reorganization plan under
IC 36-1.5-8;
as approved by the voters of the county in a public question
under IC 36-2-3.9.".
Page 10, delete line 1.
Page 10, line 2, delete "(C) the", begin a new line block indented
and insert:
" (3) The".
Page 10, line 5, delete "(3)" and insert " (4)".
Page 10, line 7, delete "(4)" and insert " (5)".
Page 10, line 8, delete "(5)" and insert " (6)" .
Page 10, line 23, delete "(B)" and insert " (2)".
Page 10, delete lines 24 through 27, begin a new line double block
indented and insert:
" (A) the board of county commissioners, chief executive
officer elected under IC 36-2-2.5, board of county
supervisors elected under IC 36-2-3.8, or executive
specified in a reorganization plan under IC 36-1.5-8 (as
approved by the voters of the county in a public question
under IC 36-2-3.9); and".
Page 10, line 28, delete "(iii)", begin a new line double block
indented and insert:
" (B)".
Page 11, delete line 6, begin a new line double block indented and
insert:
" (A) the:
(i) board of county commissioners, in a county not
subject to IC 36-2-3.5;
(ii) county council, in a county subject to IC 36-2-3.5 or
in a county that has a single elected county executive;
(iii) the board of county supervisors elected under
IC 36-2-3.8; or
(iv) the legislative body specified in a reorganization plan
under IC 36-1.5-8;
as approved by the voters of the county in a public
question under IC 36-2-3.9; and".
Page 11, line 9, delete "; or" and insert " .".
Page 11, delete lines 10 through 11.
Page 12, delete lines 1 through 2, begin a new paragraph and insert:
" (3) By the following, for county ordinances adopted after
December 31, 2012:
(A) The board of county commissioners in a county not
subject to IC 36-2-3.5 and in which the voters have in the
most recent public question under IC 36-2-3.9 approved a
county government structure with a board of county
commissioners.
(B) The legislative body of the county, for any county not
described in clause (A).".
Page 21, between lines 32 and 33, begin a new paragraph and insert:
a public question under IC 36-2-3.9. The legislative body shall
choose one (1) of the two (2) following groups of options to be voted
on in the public question:
(1) A choice for county voters among:
(A) electing a single county chief executive officer under
IC 36-2-2.5 who has the executive powers and duties of the
county and a county council that has the legislative and
fiscal powers and duties of the county;
(B) electing a board of county supervisors under
IC 36-2-3.8 that is a combined county executive, legislative
body, and fiscal body that has the executive, legislative,
and fiscal powers and duties of the county; or
(C) retaining the existing structure of county government.
(2) A choice for county voters among:
(A) one (1) of either:
(i) electing a single county chief executive officer under
IC 36-2-2.5 who has the executive powers and duties of
the county and a county council that has the legislative
and fiscal powers and duties of the county; or
(ii) electing a board of county supervisors under
IC 36-2-3.8 that is a combined county executive,
legislative body, and fiscal body that has the executive,
legislative, and fiscal powers and duties of the county;
as specified by the county legislative body;
(B) retaining the existing structure of county government;
or
(C) having a county executive, legislative body, and fiscal
body structured as proposed in a plan submitted by the
county legislative body under IC 36-1.5-8.".
Page 22, line 29, delete ":" and insert " the voters have in the most
recent public question under IC 36-2-3.9 approved a county
government structure with a county chief executive officer.".
Page 22, delete lines 30 through 35.
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 4, after "to" insert " :
(1)".
Page 31, line 6, delete "." and insert " ; and
(2) a county described in subsection (a)(1)(B) in which the
voters have in the most recent public question under
IC 36-2-3.9 approved a county government structure with a
board of county commissioners.".
Page 33, line 4, delete ":" and insert " the voters have in the most
recent public question under IC 36-2-3.9 approved a county
government structure with a county chief executive officer and a
county council as the legislative body and fiscal body of the
county.".
Page 33, delete lines 5 through 10.
Page 34, line 17, delete ":" and insert " the voters have in the most
recent public question under IC 36-2-3.9 approved a county
government structure with a county board of supervisors as the
executive body, legislative body, and fiscal body of the county.".
Page 34, delete lines 18 through 23.
Page 37, delete lines 16 through 36, begin a new paragraph and
insert:
" Sec. 2. In a county to which this chapter applies, the choices
concerning county government structure, as determined by the
county legislative body under IC 36-2-2.4, shall be placed on the
ballot at 2010 general election held in the county.".
Page 37, line 37, delete "4." and insert " 3.".
Page 37, delete lines 39 through 42, begin a new paragraph and
insert:
" Sec. 4. (a) If a plurality of the voters who vote on the public
question vote in favor of reorganizing county government to place
executive powers in a single elected county executive and to place
legislative powers in the county council (if that choice is on the
ballot), IC 36-2-2.5 applies to the county.
(b) If a plurality of the voters who vote on the public question
vote in favor of reorganizing county government to place executive,
legislative, and fiscal powers in a board of county supervisors, and
to not have a separate elected county executive (if that choice is on
the ballot), IC 36-2-3.8 applies to the county.
(c) If a plurality of the voters who vote on the public question
vote in favor of retaining the county's current structure of
government, that current structure is retained.
(d) If a plurality of the voters who vote on the public question
vote in favor of reorganizing the county's government as specified
in a reorganization plan under IC 36-1.5-8 (if that choice is on the
ballot), the county's executive, legislative, and fiscal powers are
reorganized as specified in the reorganization plan.
Sec. 5. (a) Except as provided in subsection (d), after the initial
public question in 2010, an additional public question on the
structure of county government shall be held in each county every
twenty (20) years thereafter.
(b) At an additional public question held under this section, the
voters of the county shall determine the structure of county
government for the following twenty (20) years.
(c) At an additional public question held under this section, the
voters of the county shall vote on the following choices:
(1) A choice to retain the existing structure of county
government.
(2) A choice to change to a different structure of government
authorized under IC 36-2-2.4.
(d) An additional public question is not required to be held
under this section if, at least one (1) year before the public question
would otherwise be held, a petition that:
(1) is signed by at least twenty-five percent (25%) of the
eligible voters of the county; and
(2) requests that the public question not be held;
is submitted to the county executive. ".
Page 38, delete lines 1 through 6.
Page 40, line 1, after "county" insert " in which the voters of the
county have in the most recent public question under IC 36-2-3.9
approved a county government structure with a board of county
commissioners or in a county".
Renumber all SECTIONS consecutively.
(Reference is to SB 506 as printed February 6, 2009.)