HB 1030-2_ Filed 02/15/2010, 10:22 Lawson C
SENATE MOTION
MADAM PRESIDENT:
I move
that Engrossed House Bill 1030 be amended to read as follows:
SOURCE: Page 1, line 1; (10)MO103004.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 3-5-2-1.7; (10)MO103004.1. -->
"SECTION 1. IC 3-5-2-1.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1.7. "Active voter"
refers to a voter who satisfies either both of the following:
(1) The voter has registered or voted in any election during the
preceding four (4) years at the address indicated on the voter's
registration record on the computerized list maintained under
IC 3-7-26.3 indicates that the voter is a legally registered
voter.
(2) The voter has not voted in any election during the preceding
four (4) years at the address indicated on the voter's registration
record and has responded in writing to an address confirmation
notice sent under IC 3-7 not later than thirty (30) days after the
notice was sent. not been identified on the computerized list
maintained under IC 3-7-26.3 as inactive or canceled in
accordance with federal or state law.
SOURCE: IC 3-5-2-22; (10)MO103004.2. -->
SECTION 2. IC 3-5-2-22 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 22. "Executive" means the:
(1) board of county commissioners, for a county not having that:
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a
county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
(2) (3) mayor of the consolidated city, for a county having a
consolidated city;
(3) (4) mayor, for a city;
(4) (5) president of the town council, for a town; or
(5) (6) trustee, for a township.
SOURCE: IC 3-5-2-49.9; (10)MO103004.3. -->
SECTION 3. IC 3-5-2-49.9, AS AMENDED BY P.L.108-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 49.9. (a) "Vote center" means a polling place
where a voter who resides in the county in which the vote center is
located may vote without regard to the precinct in which the voter
resides.
(b) This section expires December 31, 2010.
SOURCE: IC 3-5-4-11; (10)MO103004.4. -->
SECTION 4. IC 3-5-4-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 11. (a) As used in this section, "governing body"
refers to the governing body of a school corporation that is subject
to any of the following:
(1) IC 20-23-4-30.
(2) IC 20-23-7-8 (before its repeal on July 1, 2010) and
IC 20-23-7-8.1 (after June 30, 2010).
(3) IC 20-23-8-8.
(4) IC 20-23-10-8.
(5) IC 20-23-12.
(6) IC 20-23-13.
(7) IC 20-23-14.
(8) IC 20-25-3-4.
(b) This subsection applies to a member of a governing body
elected at the 2006 primary election. The successor of such a
member shall:
(1) be elected at the 2010 general election; and
(2) take office January 1, 2011.
(c) This subsection applies to a member of a governing body
elected at the 2008 primary election. The successor of such a
member shall:
(1) be elected at the 2012 general election; and
(2) take office January 1, 2013.
(d) This section expires July 1, 2013.
SOURCE: IC 3-5-9; (10)MO103004.5. -->
SECTION 5. IC 3-5-9 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]:
Chapter 9. Government Employees Holding Office
Sec. 1. (a) Except as provided in subsection (b), this chapter
applies to a government employee who, after June 30, 2010,
assumes an elected office of the political subdivision that employs
the individual.
(b) This chapter does not apply to a government employee who,
on June 30, 2010, holds an elected office of the political subdivision
that employs the individual, as long as the individual continues to:
(1) hold; or
(2) be reelected to;
the elected office the individual held on June 30, 2010.
Sec. 2. This chapter does not prohibit a government employee
from holding an elected office of a political subdivision other than
the political subdivision that employs the government employee.
Sec. 3. As used in this chapter, "elected office" refers only to the
following:
(1) The elected executive of a political subdivision.
(2) An elected member of the legislative body or fiscal body of
a political subdivision.
Sec. 4. As used in this chapter, "government employee" refers
to an employee of a political subdivision. The term does not include
an individual who holds an elected office.
Sec. 5. An individual is considered to have resigned as a
government employee when the individual assumes an elected
office of the political subdivision that employs the individual.
SOURCE: IC 3-8-1-21; (10)MO103004.6. -->
SECTION 6. IC 3-8-1-21 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 21. (a) A candidate for the
office of county commissioner must:
(1) have resided in the county for at least one (1) year before the
election, as provided in Article 6, Section 4 of the Constitution of
the State of Indiana; and
(2) have resided in the district in which seeking election, if
applicable, for at least six (6) months before the election.
(b) This subsection applies to elections in a county in which a
county chief executive officer is elected under IC 36-2-2.5. A
candidate for the office of county chief executive officer must have
resided in the county for at least one (1) year before the election, as
provided in Article 6, Section 4 of the Constitution of the State of
Indiana.
SOURCE: IC 3-8-2-15; (10)MO103004.7. -->
SECTION 7. IC 3-8-2-15 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 15. (a) A person who files a
declaration of candidacy for an elected office for which a per diem or
salary is provided for by law is disqualified from filing a declaration of
candidacy for another office for which a per diem or salary is provided
for by law until the original declaration is withdrawn.
(b) A person may file both:
(1) a declaration of candidacy under this chapter for nomination
to a federal or state office; and
(2) a written request under IC 3-8-3-1 that the person's name be
placed on the ballot in a primary election as a candidate for
nomination for the office of President of the United States.
(c) A person may not file:
(1) a declaration of candidacy for a nomination; and
(2) a petition of nomination or declaration of intent to be a
write-in candidate for a school board office that is elected at the
same time as the primary election.
If a person files both a declaration of candidacy and a petition of
nomination described in this subsection, the matter shall be referred to
the county election board under section 18 of this chapter. The board
shall determine which document was most recently filed and shall
consider the previously filed document to have been withdrawn.
SOURCE: IC 3-8-2-19; (10)MO103004.8. -->
SECTION 8. IC 3-8-2-19 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 19. (a) Upon receipt of the certified
list under section 17 of this chapter, a county election board shall
immediately compile under the proper political party designation the
following:
(1) The title of each office.
(2) The name of each individual who has filed a request to be
placed on the presidential primary ballot.
(3) The names and addresses of all persons for whom declarations
of candidacy have been filed for nomination to an office on the
primary election ballot.
(4) The names and addresses of all persons who have filed a
petition of nomination for election to a school board office to be
chosen at the same time as the primary election.
(5) (4) The text of any public question to be placed on the ballot.
(6) (5) The date of the primary election.
(7) (6) The hours during which the polls will be open.
(b) The county election board shall do the following:
(1) Publish the information described in subsection (a) before the
primary election in accordance with IC 5-3-1.
(2) File a copy of the information described in subsection (a):
(A) with the election division; and
(B) in the minutes of the county election board.
(c) The county election board shall file the copies required under
subsection (b)(2) not later than noon ten (10) days before election day.
(d) An election is not invalidated by the failure of the board to
comply with this section.
(e) If the county election board receives an amendment from the
election division under section 17 of this chapter after:
(1) compilation of the information described in subsection (a) has
occurred; or
(2) the board determines that it is impractical to recompile
completely revised information;
the board is only required to file a copy of the amendment with the
minutes of the board.
SOURCE: IC 3-8-2.5; (10)MO103004.9. -->
SECTION 9. IC 3-8-2.5 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]:
Chapter 2.5. Nomination for School Board Office
Sec. 1. This chapter applies to a candidate for a school board
office.
Sec. 2. A candidate for a school board office must file a petition
of nomination in accordance with IC 3-8-6 and as required under
IC 20-23 or IC 20-25. The petition of nomination, once filed, serves
as the candidate's declaration of candidacy for a school board
office.
Sec. 3. A candidate for a school board office is not required to
file a statement of organization for the candidate's principal
committee unless the candidate has received contributions or made
expenditures requiring the filing of a statement under IC 3-9-1-5.5.
If a candidate for a school board office is required to file a
statement of organization for the candidate's principal committee,
the statement of organization must be filed by noon seven (7) days
after the final date for filing a petition of nomination or declaration
of intent to be a write-in candidate.
Sec. 4. (a) A petition of nomination for a school board office
must be filed:
(1) not earlier than one hundred four (104) days; and
(2) not later than noon seventy-four (74) days;
before the general election. The petition must be subscribed and
sworn to before a person authorized to administer oaths.
(b) A declaration of intent to be a write-in candidate for a school
board office must be filed:
(1) not earlier than ninety (90) days before the general
election; and
(2) not later than noon five (5) days before the final date for
the delivery of absentee ballots under IC 3-11-4-15.
The declaration must be subscribed and sworn to before a person
authorized to administer oaths.
SOURCE: IC 3-10-1-19; (10)MO103004.10. -->
SECTION 10. IC 3-10-1-19, AS AMENDED BY P.L.146-2008,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 19. (a) The ballot for a primary election shall be
printed in substantially the following form for all the offices for which
candidates have qualified under IC 3-8:
OFFICIAL PRIMARY BALLOT
_________________ Party
For paper ballots, print: To vote for a person, make a voting mark
(X or .) on or in the box before the person's name in the proper
column. For optical scan ballots, print: To vote for a person, darken or
shade in the circle, oval, or square (or draw a line to connect the arrow)
that precedes the person's name in the proper column. For optical scan
ballots that do not contain a candidate's name, print: To vote for a
person, darken or shade in the oval that precedes the number assigned
to the person's name in the proper column. For electronic voting
systems, print: To vote for a person, touch the screen (or press the
button) in the location indicated.
Vote for one (1) only
Representative in Congress
[] (1) AB __________
[] (2) CD __________
[] (3) EF __________
[] (4) GH __________
(b) The offices with candidates for nomination shall be placed on
the primary election ballot in the following order:
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as
required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Circuit court clerk.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner,
except in a county that is subject
to IC 36-2-2.5.
(I) County chief executive officer, in a county that is
subject to IC 36-2-2.5.
(I) (J) County council member.
(5) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council
member.
(5) (6) Township offices:
(A) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(c) The political party offices with candidates for election shall be
placed on the primary election ballot in the following order after the
offices described in subsection (b):
(1) Precinct committeeman.
(2) State convention delegate.
(d) The following offices and public questions shall be placed on the
primary election ballot in the following order after the offices described
in subsection (c):
(1) School board offices to be elected at the primary election.
(2) Other (1) Local offices to be elected at the primary election.
(3) (2) Local public questions.
(e) The offices and public questions described in subsection (d)
shall be placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the offices described in subsection (c) in the form
specified in IC 3-11-13-11 if voting is by ballot card; or
(3) either:
(A) on a separate screen for each office or public question; or
(B) after the offices described in subsection (c) in the form
specified in IC 3-11-14-3.5;
if voting is by an electronic voting system.
(f) A public question shall be placed on the primary election ballot
in the following form:
(The explanatory text for the public question,
if required by law.)
"Shall (insert public question)?"
[] YES
[] NO
SOURCE: IC 3-10-1-19.2; (10)MO103004.11. -->
SECTION 11. IC 3-10-1-19.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 19.2. (a) Whenever
candidates are to be nominated for an office that includes more than
one (1) district, the districts shall be placed on the ballot in alphabetical
or numerical order, according to the designation given to the district.
(b) Whenever candidates are to be nominated for an office that
includes both an at-large member and a member representing a district,
the candidates seeking nomination as an at-large member shall be
placed on the ballot before candidates seeking nomination to represent
a district.
(c) This subsection applies to a school board office or political
office to be elected at the primary election ballot. Candidates for a
school board office or a political party office shall be placed on the
ballot in accordance with the rules applicable to candidates for
nomination to an office under subsections (a) and (b).
SOURCE: IC 3-10-1-32; (10)MO103004.12. -->
SECTION 12. IC 3-10-1-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 32. Primary election
returns must contain the whole number of votes cast for each of the
following:
(1) Each candidate of each political party.
(2) Each public question voted on at the primary election. and
(3) Each candidate for election to a school board office or
political party office.
SOURCE: IC 3-10-2-13; (10)MO103004.13. -->
SECTION 13. IC 3-10-2-13, AS AMENDED BY P.L.146-2008,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. The following public officials shall be
elected at the general election before their terms of office expire and
every four (4) years thereafter:
(1) Clerk of the circuit court.
(2) County auditor.
(3) County recorder.
(4) County treasurer.
(5) County sheriff.
(6) County coroner.
(7) County surveyor.
(8) County assessor.
(9) County commissioner, except in a county that is subject to
IC 36-2-2.5.
(10) County chief executive officer, in a county that is subject
to IC 36-2-2.5.
(10) (11) County council member.
(11) (12) Township trustee.
(12) (13) Township board member.
(13) (14) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(14) (15) Judge of a small claims court.
(15) (16) Constable of a small claims court.
SOURCE: IC 3-11-2-12; (10)MO103004.14. -->
SECTION 14. IC 3-11-2-12, AS AMENDED BY P.L.146-2008,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 12. The following offices shall be placed on the
general election ballot in the following order:
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as
required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner, except in a county that is subject
to IC 36-2-2.5.
(I) County chief executive officer, in a county that is
subject to IC 36-2-2.5.
(I) (J) County council member.
(5) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council
member.
(5) (6) Township offices:
(A) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
SOURCE: IC 3-11-8-10.3; (10)MO103004.15. -->
SECTION 15. IC 3-11-8-10.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 10.3. (a) As used in this section,
"electronic poll list" refers to a poll list that is maintained in a
computer data base.
(b) An electronic poll list must satisfy all of the following:
(1) An electronic poll list must be programmed so that the
coordinated action of two (2) precinct election officers who
are not members of the same political party is necessary to
obtain access to the electronic poll list.
(2) An electronic poll list may not be connected to a voting
system.
(3) An electronic poll list may not permit access to voter
information other than information provided on the certified
list of voters prepared under IC 3-7-29-1.
SOURCE: IC 3-11-18-1; (10)MO103004.16. -->
SECTION 16. IC 3-11-18-1, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 1. (a) This chapter applies to a
county designated as a vote center pilot county under this chapter.
(b) On July 1, 2010, a county designated as a vote center pilot
county under:
(1) P.L.164-2006, SECTION 148 (before its expiration); or
(2) P.L.108-2008, SECTION 4;
is automatically redesignated as a vote center county under this
chapter.
SOURCE: IC 3-11-18-3; (10)MO103004.17. -->
SECTION 17. IC 3-11-18-3, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 3. (a) For A county must comply
with this section to be designated become a vote center pilot county.
(b) As used in this section, "board" refers to either of the
following:
(1) The county election board. or
(2) The board of elections and registration established under
IC 3-6-5.2 or IC 3-6-5.4.
(c) The board shall hold a public hearing to present a draft plan
for administration of vote centers in the county.
(d) After presentation of the draft plan under subsection (c), the
board shall accept written public comments on the draft plan.
(e) At least thirty (30) days after the hearing held under
subsection (c), the board shall hold a public hearing to consider the
draft plan, the written public comments, and any other public
comment that the board may permit on the draft plan.
(f) After consideration of the draft plan and the public
comments, the board may do the following:
(1) Adopt an order approving the draft plan.
(2) Amend the draft plan and adopt an order approving the
amended draft plan.
The board may adopt the order to approve a plan only by
unanimous vote of the entire membership of the board. must approve
the filing of an application to be designated a vote center pilot county;
(2) (g) All members of the board must sign the application; and
order adopting the plan.
(3) (h) The application order and the adopted plan must be filed
with the secretary of state. (b) The application election division and
must include a copy of:
(1) a resolution adopted by the county executive; and
(2) a resolution adopted by the county fiscal body;
approving the submission designation of the application. county as a
vote center county.
SOURCE: IC 3-11-18-4; (10)MO103004.18. -->
SECTION 18. IC 3-11-18-4, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 4.
The application must include a
plan for the administration of vote centers in the county. The plan
required by section 3 of this chapter must include at least the
following:
(1) The total number of vote centers to be established.
(2) The location of each vote center.
and the municipality, if any,
in which the vote center is located.
(3) A list of each municipality within the county that is entitled to
conduct a municipal primary or municipal election, as of the date
of the application.
(3) The effective date of the order.
(4)
The following information according to the computerized
list (as defined in IC 3-7-26.3-2) as of the date of the order:
(A) The total number of voters within
each municipality, as of
the date of the application, and the county.
(B) The number of
those active voters within
each
municipality designated as "active" and the county.
(C) The number of inactive
according to voters within the
county.
voter registration office.
(5) For each vote center designated under subdivision (2), a list
of the precincts whose polls will be located at the vote center.
(6) For each vote center designated under subdivision (2), the
number of precinct election boards that will be appointed to
administer an election at the vote center.
(7) For each precinct election board designated under subdivision
(6), the number and name of each precinct the precinct election
board will administer.
(8) For each vote center designated under subdivision (2), the
number and title of the precinct election officers who will be
appointed to serve at the vote center.
(9) For each vote center designated under subdivision (2):
(A) the number and type of ballot variations that will be
provided at the vote center; and
(B) whether these ballots will be:
(i) delivered to the vote center before the opening of the
polls; or
(ii) printed on demand for a voter's use.
(10) A detailed description of any hardware, firmware, or
software used:
(A) to create an electronic poll list for each precinct whose
polls are to be located at a vote center; or
(B) to establish a secure electronic connection between the
county election board and the precinct election officials
administering a vote center.
(11) A description of the equipment and procedures to be used to
ensure that information concerning a voter entered into any
electronic poll list used by precinct election officers at a vote
center is immediately accessible to:
(A) the county election board; and
(B) the electronic poll lists used by precinct election officers
at all other vote centers in the county.
(12) For each precinct designated under subdivision (5), the
number of electronic poll lists to be provided for the precinct.
(13) The security and contingency plans to be implemented by the
county to
do all of the following:
(A) Prevent a disruption of the vote center process.
and
(B) Ensure that the election is properly conducted if a
disruption occurs.
(C) Prevent access to an electronic poll list without the
coordinated action of two (2) precinct election officers who
are not members of the same political party.
(14) A certification that the vote center complies with the
accessibility requirements applicable to polling places under
IC 3-11-8.
(15) A sketch depicting the planned layout of the vote center,
indicating the location of:
(A) equipment; and
(B) precinct election officers;
within the vote center.
(16) The total number of vote centers to be established at satellite
offices that are established under IC 3-11-10-26.3 to allow voters
to cast absentee ballots in accordance with IC 3-11.
(17) The method and timing of providing voter data to
persons who are entitled to receive the data under this title.
Data must be provided to all persons entitled to the data
without unreasonable delay.
SOURCE: IC 3-11-18-5; (10)MO103004.19. -->
SECTION 19. IC 3-11-18-5, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 5. (a) Except for a municipality
described in subsection (b), A plan must provide a vote center for use
by voters residing in each municipality within the county conducting
a municipal primary or a municipal election for use in a primary,
general, or special election conducted on or after the effective date
of the county election board's order.
(b) A vote center may not be used in a municipal primary or
municipal election conducted within a municipality that is partially
located in a county that has not been designated a vote center pilot
county.
SOURCE: IC 3-11-18-6; (10)MO103004.20. -->
SECTION 20. IC 3-11-18-6, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 6. When the total number of active
voters in the county designated under section 4(4) of this chapter as
"active" equals at least twenty-five thousand (25,000), in the
municipalities listed in the plan, the following apply:
(1) The plan must provide for at least one (1) vote center for each
ten thousand (10,000) active voters.
(2) In addition to the vote centers designated in subdivision (1),
the plan must provide for a vote center for any fraction of ten
thousand (10,000) voters.
SOURCE: IC 3-11-18-7; (10)MO103004.21. -->
SECTION 21. IC 3-11-18-7, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 7. Before
approving an application
to designate adopting an order designating a county as a vote center
pilot county under this chapter, the
secretary of state county election
board must determine the following:
(1) That the secure electronic connection as described under
section 4(10)(B) of this chapter is sufficient to prevent:
(A) any voter from voting more than once; and
(B) unauthorized access by any person to:
(i) the electronic poll lists for a precinct whose polls are to
be located at the vote center; or
(ii) the computerized list of voters of the county.
(2) That the planned design and location of the equipment and
precinct officers will provide the most efficient access for:
(A) voters to enter the polls, cast their ballots, and leave the
vote center; and
(B) precinct election officials, watchers, challengers, and
pollbook holders to exercise their rights and perform their
duties within the vote center.
SOURCE: IC 3-11-18-8; (10)MO103004.22. -->
SECTION 22. IC 3-11-18-8, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 8. (a) The designation of a county
as a vote center pilot county takes effect immediately upon the filing
of the order with the election division, unless otherwise specified by
the secretary of state. county election board.
(b) The designation of a county as a vote center county remains
in effect until the county election board, by unanimous vote of its
entire membership:
(1) rescinds the order designating the county as a vote center
county; and
(2) files a copy of the document rescinding the order with the
election division.
SOURCE: IC 3-11-18-11; (10)MO103004.23. -->
SECTION 23. IC 3-11-18-11, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 11. Except as otherwise provided
by this chapter, the county shall administer an election conducted at a
vote center in accordance with federal law, this title, and the plan
submitted adopted with the application county election board's order
under section 4 of this chapter.
SOURCE: IC 3-11-18-12; (10)MO103004.24. -->
SECTION 24. IC 3-11-18-12, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 12. Notwithstanding any other law,
a voter who resides in a vote center pilot county is entitled to cast an
absentee ballot at a vote center located at a satellite office of the county
election board established under IC 3-11-10-26.3 in the same manner
and subject to the same restrictions applicable to a voter wishing to cast
an absentee ballot before an absentee board located in the office of the
circuit court clerk or board of elections and registration.
SOURCE: IC 3-11-18-13; (10)MO103004.25. -->
SECTION 25. IC 3-11-18-13, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 13. Notwithstanding any other law,
the electronic poll list used at each vote center:
(1) must comply with IC 3-11-8-10.3;
(1) must be capable of capturing (2) may include an electronic
image of the signature of a voter on the list; taken from the
voter's registration application, if available; and
(2) (3) may be in a format approved by the secretary of state.
SOURCE: IC 3-11-18-14; (10)MO103004.26. -->
SECTION 26. IC 3-11-18-14, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 14. Notwithstanding any other law,
including IC 3-11-8-2 and IC 3-14-2-11, a voter who resides in a vote
center pilot county is entitled to cast a ballot at any vote center
established in the county without regard to the precinct in which the
voter resides.
SOURCE: IC 3-11-18-16; (10)MO103004.27. -->
SECTION 27. IC 3-11-18-16, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 16. The precinct election board
administering an election at a vote center shall keep the ballots cast in
each precinct separate from the ballots cast in any other precinct whose
election is administered at the vote center, so that the votes cast for
each candidate and on each public question in each of the precincts
administered by the board may be determined and included on the
statement required by IC 3-12-4-9.
SOURCE: IC 3-11-18-17; (10)MO103004.28. -->
SECTION 28. IC 3-11-18-17, AS ADDED BY P.L.164-2006,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 17. (a) The secretary of state may
permit A county to may amend a plan submitted adopted with a
county election board's order under section 4 of this chapter.
(b) For a county to amend its plan:
(1) the county election board (or board of elections and
registration established under IC 3-6-5.2 or IC 3-6-5.4), by
unanimous vote of the entire membership of the board, must
approve the filing of a request to amend the plan amendment;
(2) all members of the board must sign the request; amendment;
and
(3) the request amendment must be filed with the secretary of
state. election division.
(c) The request for amendment must set forth the specific
amendments proposed to be made to the plan.
(c) A plan amendment takes effect immediately upon filing with
the election division, unless otherwise specified by the county
election board.
SOURCE: IC 6-1.1-18.5-22; (10)MO103004.29. -->
SECTION 29. IC 6-1.1-18.5-22 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 22. (a) The ad valorem property
tax levy limits imposed by this chapter do not apply to ad valorem
property taxes imposed by a consolidated city to pay or fund any
indebtedness assumed, defeased, paid, or refunded under
IC.36-3-1-6.1.
(b) For purposes of this section:
(1) "consolidating entity" means a township whose fire
department is consolidated into the fire department of a
consolidated city under IC 36-3-1-6.1; and
(2) "maximum levy" means the maximum permissible ad
valorem property tax levy under section 3 of this chapter.
(c) The maximum levy of a consolidated city for property taxes
first due and payable each year shall be increased by an amount
equal to the combined property tax levies of each consolidating
entity consolidated into the fire department of the consolidated city
for property taxes first due and payable in the preceding year for
fire protection and related services.
(d) Not more than four (4) years after the effective date of a
consolidation of a department consolidated into the fire
department of the consolidated city, the consolidated city may levy
a tax above the tax rate set for the consolidated fire department in
the township that is necessary to phase out that township's
borrowing for fire and emergency services under IC 36-6-6-14 and
any other emergency or temporary loans by the township for fire
and emergency services.
SOURCE: IC 13-11-2-74; (10)MO103004.30. -->
SECTION 30. IC 13-11-2-74 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 74. "Executive"
means the:
(1) board of commissioners of a county not having that:
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a
county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
(2) (3) mayor of the consolidated city, for a county having a
consolidated city;
(3) (4) mayor of a city; or
(4) (5) president of the town council of a town.
SOURCE: IC 20-23-4-12; (10)MO103004.31. -->
SECTION 31. IC 20-23-4-12, AS AMENDED BY P.L.2-2006,
SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 12. (a) In formulating a preliminary reorganization
plan and with respect to each of the community school corporations
that are a part of the reorganization plan, the county committee shall
determine the following:
(1) The name of the community school corporation.
(2) Subject to subsection (e), a general description of the
boundaries of the community school corporation.
(3) With respect to the board of school trustees,
the following:
(A) Whether the number of members is:
(i) three (3);
(ii) five (5); or
(iii) seven (7).
(B) Whether the members are elected or appointed.
(C) If the members are appointed:
(i) when the appointments are made; and
(ii) who makes the appointments.
(D) If the members are elected,
whether that the election is at
(i) the primary election at which county officials are
nominated; or
(ii) the general election at which county officials are elected.
and
(E) Subject to sections 21 and 22 of this chapter, the manner
in which members are elected or appointed.
(4) The compensation, if any, of the members of the regular and
interim board of school trustees, which may not exceed the
amount provided in IC 20-26-4-7.
(5) Subject to subsection (f), qualifications required of the
members of the board of school trustees, including limitations on:
(A) residence; and
(B) term of office.
(6) If an existing school corporation is divided in the
reorganization, the disposition of assets and liabilities.
(7) The disposition of school aid bonds, if any.
(b) If existing school corporations are not divided in the
reorganization, the:
(1) assets;
(2) liabilities; and
(3) obligations;
of the existing school corporations shall be transferred to and assumed
by the new community school corporation of which they are a part,
regardless of whether the plan provides for transfer and assumption.
(c) The preliminary plan must be supported by a summary statement
of the following:
(1) The educational improvements the plan's adoption will make
possible.
(2) Data showing the:
(A) assessed valuation;
(B) number of resident students in ADA in grades 1 through
12;
(C) assessed valuation per student referred to in clause (B);
and
(D) property tax levies;
of each existing school corporation to which the plan applies.
(3) The:
(A) assessed valuation;
(B) resident ADA; and
(C) assessed valuation per student;
data referred to in subdivision 2(A) through 2(C) that would have
applied for each proposed community school corporation if the
corporation existed in the year the preliminary plan is prepared or
notice of a hearing or hearings on the preliminary plan is given by
the county committee. and
(4) Any other data or information the county committee considers
appropriate or that may be required by the state board in its rules.
(d) The county committee:
(1) shall base the assessed valuations and tax levies referred to in
subsection (c)(2) through (c)(3) on the valuations applying to
taxes collected in:
(A) the year the preliminary plan is prepared; or
(B) the year notice of a hearing or hearings on the preliminary
plan is given by the county committee;
(2) may base the resident ADA figures on the calculation of the
figures under the rules under which they are submitted to the state
superintendent by existing school corporations; and
(3) shall set out the resident ADA figures for:
(A) the school year in progress if the figures are available for
that year; or
(B) the immediately preceding school year if the figures are
not available for the school year in progress.
The county committee may obtain the data and information referred to
in this subsection from any source the committee considers reliable. If
the county committee attempts in good faith to comply with this
subsection, the summary statement referred to in subsection (c) is
sufficient regardless of whether the statement is exactly accurate.
(e) The general description referred to in subsection (a)(2) may
consist of an identification of an existing school corporation that is to
be included in its entirety in the community school corporation. If a
boundary does not follow the boundary of an existing civil unit of
government or school corporation, the description must set out the
boundary:
(1) as near as reasonably possible by:
(A) streets;
(B) rivers; and
(C) other similar boundaries;
that are known by common names; or
(2) if descriptions as described in subdivision (1) are not possible,
by section lines or other legal description.
The description is not defective if there is a good faith effort by the
county committee to comply with this subsection or if the boundary
may be ascertained with reasonable certainty by a person skilled in the
area of real estate description. The county committee may require the
services of the county surveyor in preparing a description of a boundary
line.
(f) A member of the board of school trustees:
(1) may not serve an appointive or elective term of more than four
(4) years; and
(2) may serve more than one (1) consecutive appointive or
elective term.
SOURCE: IC 20-23-4-29.1; (10)MO103004.32. -->
SECTION 32. IC 20-23-4-29.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 29.1. (a) This section applies to
each school corporation.
(b) If a plan provides for election of members of the governing
body, the members of the governing body shall be elected at a
general election. Each candidate must, in accordance with
IC 3-8-2.5, file a petition of nomination that is signed by the
candidate and by ten (10) registered voters residing within the
boundaries of the community school corporation. The filing must
be made within the time specified by IC 3-8-2.5-4.
(c) All nominations shall be listed for each office in the form
prescribed by IC 3-11-2, but without party designation. Voting and
tabulation of votes shall be conducted in the same manner as voting
and tabulation in general elections are conducted. The precinct
election boards serving in each county shall conduct the election
for members of the governing body. If a school corporation is
located in more than one (1) county, each county election board
shall print the ballots required for voters in that county to vote for
candidates for members of the governing body.
(d) If the plan provides that the members of the governing body
shall be elected by all the voters of the community school
corporation, candidates shall be placed on the ballot in the form
prescribed by IC 3-11-2, without party designation. The candidates
who receive the most votes are elected.
(e) If the plan provides that members of the governing body are
to be elected from residence districts by all voters in the
community school corporation, nominees for the governing body
shall be placed on the ballot in the form prescribed by IC 3-11-2,
by residence districts without party designation. The ballot must
state the number of members to be voted on and the maximum
number of members that may be elected from each residence
district as provided in the plan. A ballot is not valid if more than
the maximum number of members are voted on from a board
member residence district. The candidates who receive the most
votes are elected. However, if more than the maximum number
that may be elected from a residence district are among those
receiving the most votes, the candidates from the residence districts
exceeding the maximum number who receive the fewest votes shall
be eliminated in determining the candidates who are elected.
(f) If the plan provides that members of the governing body are
to be elected from electoral districts solely by the voters of each
district, nominees residing in each electoral district shall be placed
on the ballot in the form prescribed by IC 3-11-2, without party
designation. The ballot must state the number of members to be
voted on from the electoral district. The candidates residing in the
electoral district who receive the most votes are elected.
SOURCE: IC 20-23-4-30; (10)MO103004.33. -->
SECTION 33. IC 20-23-4-30, AS ADDED BY P.L.230-2005,
SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 30. (a) This section applies to each school
corporation.
(b) If the governing body is to be elected at the primary election,
each registered voter may vote in the governing body election without
otherwise voting in the primary election.
(c) (b) If a tie vote occurs among any of the candidates, the tie vote
shall be resolved under IC 3-12-9-4.
(d) (c) If after the first governing body takes office, there is a
vacancy on the governing body for any reason, including the failure of
the sufficient number of petitions for candidates being filed, whether
the vacating member was elected or appointed, the remaining members
of the governing body, whether or not a majority of the governing body,
shall by a majority vote fill the vacancy by appointing a person from
within the boundaries of the community school corporation to serve for
the term or balance of the term. An individual appointed under this
subsection must possess the qualifications provided for a regularly
elected or appointed governing body member filling the office. If:
(1) a tie vote occurs among the members of the governing body
under this subsection or IC 3-12-9-4; or
(2) the governing body fails to act within thirty (30) days after any
vacancy occurs;
the judge of the circuit court in the county where the majority of
registered voters of the school corporation reside shall make the
appointment.
(e) (d) A vacancy in the governing body occurs if a member ceases
to be a resident of any community school corporation. A vacancy does
not occur when the member moves from a district of the school
corporation from which the member was elected or appointed if the
member continues to be a resident of the school corporation.
(f) (e) At the first primary or general election in which members of
the governing body are elected:
(1) a simple majority of the candidates elected as members of the
governing body who receive the highest greatest number of votes
shall be elected for four (4) year terms; and
(2) the balance of the candidates elected as members of the
governing body receiving the next highest greatest number of
votes shall be elected for two (2) year terms.
Thereafter, all school board members shall be elected for four (4) year
terms.
(g) (f) Elected governing body members elected:
(1) in November take office and assume their duties on January
1 or July 1 after their election, as determined by the board of
school trustees before the election. and
(2) in May take office and assume their duties on July 1 after their
election.
SOURCE: IC 20-23-7-6; (10)MO103004.34. -->
SECTION 34. IC 20-23-7-6, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 6. (a) The first metropolitan board of education
shall be composed of the:
(1) trustees; and
(2) members of school boards;
of the school corporations forming the metropolitan board of education.
(b) The members of the metropolitan board of education shall serve
ex officio as members subject to the laws concerning length of terms,
powers of election, or appointment and filling vacancies applicable to
their respective offices.
(c) If a metropolitan school district is comprised of only two (2)
board members, the two (2) members shall appoint a third board
member not more than ten (10) days after the creation of the
metropolitan school district. If the two (2) members are unable to agree
on or do not make the appointment of a third board member within the
ten (10) day period after the creation of the metropolitan school district,
the third member shall be appointed not more than twenty (20) days
after the creation of the metropolitan school district by the judge of the
circuit court of the county in which the metropolitan school district is
located. If the metropolitan school district is located in two (2) or more
counties, the judge of the circuit court of the county containing that part
of the metropolitan school district having more students than the part
or parts located in another county or counties shall appoint the third
member. The members of the metropolitan board of education serve
until their successors are elected or appointed and qualified.
(d) The first meeting of the first metropolitan board of education
shall be held not more than one (1) month after the creation of the
metropolitan school district. The first meeting shall be called by the
superintendent of schools, or township trustee of a school township, of
the school corporation in the district having the largest number of
students. At the first meeting, the board shall organize, and
each year
during the first ten (10) days
of each July after the board members
that are elected or appointed to a new term take office, the board
shall reorganize, by electing a president, a vice president, a secretary,
and a treasurer.
(e) The secretary of the board shall keep an accurate record of the
minutes of the metropolitan board of education, and the minutes shall
be kept in the superintendent's office. When a metropolitan school
district is formed, the metropolitan superintendent shall act as
administrator of the board and shall carry out the acts and duties as
designated by the board. A quorum consists of a majority of the
members of the board. A quorum is required for the transaction of
business. The vote of a majority of those present is required for a:
(1) motion;
(2) ordinance; or
(3) resolution;
to pass.
(f) The board shall conduct its affairs in the manner described in this
section. Except in unusual cases, the board shall hold its meetings at
the office of the metropolitan superintendent or at a place mutually
designated by the board and the superintendent. Board records are to
be maintained and board business is to be conducted from the office of
the metropolitan superintendent or a place designated by the board and
the superintendent.
(g) The metropolitan board of education shall have the power to pay
to a member of the board:
(1) a reasonable per diem for service on the board not to exceed
one hundred twenty-five dollars ($125) per year; and
(2) for travel to and from a member's home to the place of the
meeting within the district, a sum for mileage equal to the amount
per mile paid to state officers and employees. The rate per mile
shall change when the state government changes its rate per mile.
SOURCE: IC 20-23-7-8.1; (10)MO103004.35. -->
SECTION 35. IC 20-23-7-8.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 8.1. (a) The registered voters of
the metropolitan school district shall elect the members of the
metropolitan board of education at general elections held
biennially, beginning with the next general election that is held
more than sixty (60) days after the creation of the metropolitan
school district as provided in this chapter.
(b) Each nominee for the board must file a petition of
nomination signed by the nominee and by ten (10) registered voters
residing in the same board member district as the nominee. The
petition must be filed in accordance with IC 3-8-2.5 with the circuit
court clerk of each county in which the metropolitan school district
is located.
(c) Nominees for the board shall be listed on the general election
ballot:
(1) in the form prescribed by IC 3-11-2;
(2) by board member districts; and
(3) without party designation.
The ballot must state the number of board members to be voted on
and the maximum number of members that may be elected from
each board member district as provided under section 5 of this
chapter. A ballot that contains more votes than the maximum
number allowed from a board member district is invalid.
(d) The precinct election boards in each county serving at the
general election shall conduct the election for school board
members.
(e) Voting and tabulation of votes shall be conducted in
accordance with IC 3, and the candidates who receive the most
votes are elected to the board.
(f) If there are more candidates from a particular board
member district than may be elected from the board member
district under section 5 of this chapter:
(1) the number of candidates elected is the greatest number
that may be elected from the board member district;
(2) the candidates elected are those who, among the
candidates from the board member district, receive the most
votes; and
(3) the other candidates from the board member district are
eliminated.
(g) If there is a tie vote among the candidates for the board, the
judge of the circuit court in the county where the majority of the
registered voters of the metropolitan school district reside shall
select one (1) of the candidates, who shall be declared and certified
elected.
(h) If, at any time after the first board member election, a
vacancy on the board occurs for any reason, including an
insufficient number of petitions for candidates being filed, and
regardless of whether the vacating member was elected or
appointed, the remaining members of the board, whether or not a
majority of the board, shall by a majority vote fill the vacancy by:
(1) appointing a person from the board member district from
which the person who vacated the board was elected; or
(2) if the person was appointed, appointing a person from the
board member district from which the last elected
predecessor of the person was elected.
If a majority of the remaining members of the board is unable to
agree or the board fails to act within thirty (30) days after a
vacancy occurs, the judge of the circuit court in the county where
the majority of registered voters of the metropolitan school district
reside shall make the appointment.
(i) At a general election held on the earlier of:
(1) more than sixty (60) days after an elected board member
vacates membership on the board; or
(2) immediately before the end of the term for which the
vacating member was elected;
a successor to a board member appointed under subsection (h)
shall be elected. Unless the successor takes office at the end of the
term of the vacating member, the member shall serve only for the
balance of the vacating member's term. In an election for a
successor board member to fill a vacancy for a two (2) year
balance of a term, candidates for board membership need not file
for or with reference to the vacancy. However, as required by
IC 3-11-2, candidates for at-large seats must be distinguished on
the ballot from candidates for district seats. If there is more than
one (1) at-large seat on the ballot due to this vacancy, the elected
candidate who receives the fewest votes at the election at which the
successor is elected shall serve a two (2) year term.
(j) At the first general election in which members of the board
are elected under this section, the elected candidates who constitute
a simple majority of the elected candidates and who receive the
most votes shall be elected for four (4) year terms, and the other
elected candidates shall be elected for two (2) year terms.
(k) After the first general election referred to in subsection (j),
board members shall be elected for four (4) year terms and shall
take office January 1 following their election.
SOURCE: IC 20-23-7-12; (10)MO103004.36. -->
SECTION 36. IC 20-23-7-12, AS AMENDED BY P.L.1-2007,
SECTION 143, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 12. (a) As used in this section,
"county" means the county in which the school township is located.
(b) As used in this section, "school township" means a school
township in Indiana that:
(1) for the last full school semester immediately preceding:
(A) the adoption of a preliminary resolution by the township
trustee and the township board under subsection (f); or
(B) the adoption of a resolution of disapproval by the township
trustee and the township board under subsection (g);
had an ADM of at least six hundred (600) students in
kindergarten through grade 12 in the public schools of the school
township; or
(2) is part of a township in which there were more votes cast for
township trustee outside the school township than inside the
school township in the general election at which the trustee was
elected and that preceded the adoption of the preliminary or
disapproving resolution.
(c) As used in this section, "township board" means the township
board of a township in which the school township is located.
(d) As used in this section, "township trustee" means the township
trustee of the township in which the school township is located.
(e) In a school township, a metropolitan school district may be
created by complying with this section. A metropolitan school district
created under this section shall have the same boundaries as the school
township. After a district has been created under this section, the
school township that preceded the metropolitan school district is
abolished. The procedures or provisions governing the creation of a
metropolitan school district under another section of this chapter do not
apply to the creation of a district under this section. After a
metropolitan school district is created under this section, the district
shall, except as otherwise provided in this section, be governed by and
operate in accordance with this chapter governing the operation of a
metropolitan school district as established under section 2 of this
chapter.
(f) Except as provided in subsection (g), a metropolitan school
district provided for in subsection (e) may be created in the following
manner:
(1) The township trustee shall call a meeting of the township
board. At the meeting, the township trustee and a majority of the
township board shall adopt a resolution that a metropolitan school
district shall be created in the school township. The township
trustee shall then give notice:
(A) by two (2) publications one (1) week apart in a newspaper
of general circulation published in the school township; or
(B) if there is no newspaper as described in clause (A), in a
newspaper of general circulation in the county;
of the adoption of the resolution setting forth the text of the
resolution.
(2) On the thirtieth day after the date of the last publication of the
notice under subdivision (1) and if a protest has not been filed, the
township trustee and a majority of the township board shall
confirm their preliminary resolution. If, however, on or before the
twenty-ninth day after the date of the last publication of the
notice, a number of registered voters of the school township,
equal to five percent (5%) or more of the number of votes cast in
the school township for secretary of state at the last preceding
general election for that office, sign and file with the township
trustee a petition requesting an election in the school township to
determine whether or not a metropolitan school district must be
created in the township in accordance with the preliminary
resolution, then an election must be held as provided in
subsection (h). The preliminary resolution and confirming
resolution provided in this subsection shall both be adopted at a
meeting of the township trustee and township board in which the
township trustee and each member of the township board received
or waived a written notice of the date, time, place, and purpose of
the meeting. The resolution and the proof of service or waiver of
the notice shall be made a part of the records of the township
board.
(g) Except as provided in subsection (f), a metropolitan school
district may also be created in the following manner:
(1) A number of registered voters of the school township, equal
to five percent (5%) or more of the votes cast in the school
township for secretary of state at the last general election for that
office, shall sign and file with the township trustee a petition
requesting the creation of a metropolitan school district under this
section.
(2) The township trustee and a majority of the township board
shall, not more than ten (10) days after the filing of a petition:
(A) adopt a preliminary resolution that a metropolitan school
district shall be created in the school township and proceed as
provided in subsection (f); or
(B) adopt a resolution disapproving the creation of the district.
(3) If either the township trustee or a majority of township board
members vote in favor of disapproving the resolution, an election
must be held to determine whether or not a metropolitan school
district shall be created in the school township in the same
manner as is provided in subsection (f) if an election is requested
by petition.
(h) An election required under subsection (f) or (g) may, at the
option of the township trustee, be held either as a special election or in
conjunction with a primary or general election to be held not more than
one hundred twenty (120) days after the filing of a petition under
subsection (f) or the adoption of the disapproving resolution under
subsection (g). The township trustee shall certify the question to the
county election board under IC 3-10-9-3 and give notice of an election:
(1) by two (2) publications one (1) week apart in a newspaper of
general circulation in the school township; or
(2) if a newspaper described in subdivision (1) does not exist, in
a newspaper of general circulation published in the county.
The notice must provide that on a day and time named in the notice, the
polls shall be opened at the usual voting places in the various precincts
in the school township for the purpose of taking the vote of the
registered voters of the school township regarding whether a
metropolitan school district shall be created in the township. The
election shall be held not less than twenty (20) days and not more than
thirty (30) days after the last publication of the notice unless a primary
or general election will be conducted not more than six (6) months after
the publication. In that case, the county election board shall place the
public question on the ballot at the primary or general election. If the
election is to be a special election, the township trustee shall give
notice not more than thirty (30) days after the filing of the petition or
the adoption of the disapproving resolution.
(i) On the day and time named in the notice, the polls shall be
opened and the votes of the voters shall be taken regarding whether a
metropolitan school district shall be created in the school township.
IC 3 governs the election except as otherwise provided in this chapter.
The county election board shall conduct the election. The public
question shall be placed on the ballot in the form prescribed by
IC 3-10-9-4 and must state, "Shall a metropolitan school district under
IC 20-23-7 be formed in the ____________ School Township of
_____________ County, Indiana?". The name of the school township
shall be inserted in the blanks.
(j) The votes cast in the election shall be canvassed at a place in the
school township determined by the county election board. The
certificate of the votes cast for and against the creation of a
metropolitan school district shall be filed in the records of the township
board and recorded with the county recorder. If the special election is
not conducted at a primary or general election, the school township
shall pay the expense of holding the election out of the school general
fund that is appropriated for this purpose.
(k) A metropolitan school district shall, subject to section 7 of this
chapter, be created on the thirtieth day after the date of the adoption of
the confirming resolution under subsection (f) or an election held under
subsection (h). If a public official fails to do the official's duty within
the time prescribed in this section, the failure does not invalidate the
proceedings taken under this section. An action to contest the validity
of the creation of a metropolitan school district under this section or to
enjoin the operation of a metropolitan school district may not be
instituted later than the thirtieth day following the date of the adoption
of the confirming resolution under subsection (f) or of the election held
under subsection (h). Except as provided in this section, an election
under this subsection may not be held sooner than twelve (12) months
after another election held under subsection (h).
(l) A metropolitan school district is known as "The Metropolitan
School District of ____________ Township, ____________ County,
Indiana". The first metropolitan board of education in a metropolitan
school district created under this section consists of five (5) members.
The township trustee and the township board members are ex officio
members of the first board, subject to the laws concerning length of
their respective terms of office, manner of election or appointment, and
the filling of vacancies applicable to their respective offices. The ex
officio members serve without compensation or reimbursement for
expenses, other than that which they may receive from their respective
offices. The township board shall, by a resolution recorded in its
records, appoint the fifth member of the metropolitan board of
education. The fifth member shall meet the qualifications of a member
of a metropolitan board of education under this chapter, with the
exception of the board member district requirements provided in
sections 4, 5, and
8 8.1 of this chapter.
(m) A fifth board member shall be appointed not more than fifteen
(15) days after the date of the adoption of the confirming resolution
under subsection (f)(2) or an election held under subsection (h). The
first board shall hold its first meeting not more than fifteen (15) days
after the date when the fifth board member is appointed or elected, on
a date established by the township board in the resolution in which it
appoints the fifth board member. The first board shall serve until
July
1 January 1 following the election of a metropolitan school board at
the first
primary general election held more than sixty (60) days
following the creation of the metropolitan school district.
(n) After the creation of a metropolitan school district under this
section, the president of the metropolitan school board of the district
shall serve as a member of the county board of education and perform
the duties on the county board of education that were previously
performed by the township trustee. The metropolitan school board and
superintendent of the district may call upon the assistance of and use
the services provided by the county superintendent of schools. This
subsection does not limit or take away the powers, rights, privileges, or
duties of the metropolitan school district or the board or superintendent
of the district provided in this chapter.
SOURCE: IC 20-23-8-7; (10)MO103004.37. -->
SECTION 37. IC 20-23-8-7, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 7. (a) A plan or proposed plan must contain the
following items:
(1) The number of members of the governing body, which shall
be:
(A) three (3);
(B) five (5); or
(C) seven (7);
members.
(2) Whether the governing board shall be elected or appointed.
(3) If appointed, when and by whom, and a general description of
the manner of appointment that conforms with the requirements
of IC 20-23-4-28.
(4) If elected, whether the election shall be at the primary or at the
general election that county officials are nominated or elected,
and a general description of the manner of election that conforms
with the requirements of IC 20-23-4-27.
(4) A provision that the members of an elected governing
board shall be elected at the general election at which county
officials are elected.
(5) The limitations on:
(A) residence;
(B) term of office; and
(C) other qualifications;
required by members of the governing body.
(6) The time the plan takes effect.
A plan or proposed plan may have additional details to make the
provisions of the plan workable. The details may include provisions
relating to the commencement or length of terms of office of the
members of the governing body taking office under the plan.
(b) Except as provided in subsection (a)(1), in a city having a
population of more than fifty-nine thousand seven hundred (59,700)
but less than sixty-five thousand (65,000), the governing body
described in a plan may have up to nine (9) members.
SOURCE: IC 20-23-8-21; (10)MO103004.38. -->
SECTION 38. IC 20-23-8-21, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 21. An election may not be held under this chapter
more than once each eighteen (18) months. A plan for a governing
body may not be adopted more than once each six (6) years, except if
either of the following applies:
(1) the plan only changes the time of voting for board members
from the primary to the general election or from the general to the
primary election;
(2) (1) A plan adopted is declared or held to be invalid by a
binding judgment or order in a United States or an Indiana court
that no appeal or further approval can be taken. or
(3) (2) The plan provides solely for changes in items specified in
section 7(a)(5) of this chapter.
SOURCE: IC 20-23-10-8; (10)MO103004.39. -->
SECTION 39. IC 20-23-10-8, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 8. (a) The board members of a merged school
corporation shall be elected at the first
primary general election
following the merged school corporation's creation, and vacancies shall
be filled in accordance with IC 20-23-4-30.
(b) Until the first election under subsection (a), the board of trustees
of the merged school corporation consists of:
(1) the members of the governing body of a school corporation in
the county other than a school township; and
(2) the township trustee of a school township in the county.
(c) The first board of trustees shall select the name of the merged
school corporation by a majority vote. The name may be changed by
unanimous vote of the governing body of the merged school
corporation.
SOURCE: IC 20-23-12-3; (10)MO103004.40. -->
SECTION 40. IC 20-23-12-3, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. (a) The governing body of the school
corporation consists of seven (7) members elected as follows:
(1) On a nonpartisan basis.
(2) In a primary general election held in the county.
(b) Six (6) of the members shall be elected from the school districts
drawn under section 4 of this chapter. Each member:
(1) is elected from the school district in which the member
resides; and
(2) upon election and in conducting the business of the governing
body, represents the interests of the entire school corporation.
(c) One (1) of the members elected:
(1) is the at-large member of the governing body;
(2) may reside in any of the districts drawn under section 4 of this
chapter; and
(3) upon election and in conducting the business of the governing
body, represents the interests of the entire school corporation.
SOURCE: IC 20-23-12-8; (10)MO103004.41. -->
SECTION 41. IC 20-23-12-8, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 8. (a) The term of each person elected to serve on
the governing body
(1) is four (4) years. and
(2) begins
(b) The term of each person elected to serve on the governing
body begins the July 1 January 1 that next follows the person's
election.
SOURCE: IC 20-23-12-9; (10)MO103004.42. -->
SECTION 42. IC 20-23-12-9, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 9. The members are elected as follows:
(1) Three (3) of the members elected under section 3(b) of this
chapter are elected at the primary general election to be held in
2008 2012 and every four (4) years thereafter.
(2) Three (3) of the members elected under section 3(b) of this
chapter are elected at the primary general election to be held in
2006 2010 and every four (4) years thereafter.
(3) The at-large member elected under section 3(c) of this chapter
is elected at the primary general election to be held in 2008 2012
and every four (4) years thereafter.
SOURCE: IC 20-23-13-1; (10)MO103004.43. -->
SECTION 43. IC 20-23-13-1, AS ADDED BY P.L.230-2005,
SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1. (a) In a community school corporation
established under IC 20-23-4 that:
(1) has a population of more than seventy-five thousand (75,000)
but less than ninety thousand (90,000); and
(2) is the successor in interest to a school city having the same
population;
the governing body consists of a board of trustees of five (5) members
elected in the manner provided in this chapter.
(b) At the 2008 primary election and at each primary election every
four (4) years thereafter, there shall be elected in each school
corporation covered by this chapter two (2) governing body members,
each of whom shall serve for four (4) years. The two (2) candidates for
the office of school trustee receiving the highest number of votes at the
election take office on July 1 next following the election.
(c) At the 2006 primary election and at each primary election every
four (4) years thereafter, there shall be elected in each school city
covered by this chapter three (3) governing body members, each of
whom shall serve for four (4) years. The three (3) candidates for the
office of school trustee receiving the highest number of votes at the
election take office on July 1 next following the election.
(d) (b) The governing body members shall be elected at the times
provided and shall succeed the retiring members in the order and
manner as set forth in this section. chapter.
SOURCE: IC 20-23-13-2.1; (10)MO103004.44. -->
SECTION 44. IC 20-23-13-2.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 2.1. (a) As used in this section,
"county election board" includes a board of elections and
registration established under IC 3-6-5.2.
(b) The voters of the school corporation shall elect the members
of the governing body at a general election for a term of four (4)
years. The members shall be elected from the city at large without
reference to district.
(c) Each candidate for election to the governing body must file
a petition of nomination with the county election board in each
county in which a school corporation subject to this chapter is
located. The petition of nomination must comply with IC 3-8-2.5
and the following requirements:
(1) The petition must be signed by at least two hundred (200)
legal voters of the school corporation.
(2) Each petition may nominate only one (1) candidate.
(3) The number of petitions signed by a legal voter may not
exceed the number of school trustees to be elected.
(d) After all petitions described in subsection (c) are filed with
the county election board, the board shall publish the names of
those nominated in accordance with IC 5-3-1 and shall certify the
nominations in the manner required by law. IC 3 governs the
election to the extent that it is not inconsistent with this chapter.
(e) The county election board shall prepare the ballot for the
general election at which members of the governing body are to be
elected so that the names of the candidates nominated appear on
the ballot:
(1) in alphabetical order;
(2) without party designation; and
(3) in the form prescribed by IC 3-11-2.
(f) The county election board shall not publish or place on the
ballot the name of a candidate who is not eligible under this
chapter for membership on the governing body.
(g) Each voter may vote for as many candidates as there are
members of the governing body to be elected.
SOURCE: IC 20-23-13-3; (10)MO103004.45. -->
SECTION 45. IC 20-23-13-3, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. The intent of this chapter is to provide that the
governing body of the school corporations to which it relates shall be
elected as provided in:
(1) IC 20-23-4-27; and IC 20-23-4-29 through
(2) IC 20-23-4-29.1;
(3) IC 20-23-4-30; and
(4) IC 20-23-4-31;
but this chapter prevails over any conflicting provisions of IC 20-23-4
relating to any school corporation.
SOURCE: IC 20-23-14-5; (10)MO103004.46. -->
SECTION 46. IC 20-23-14-5, AS ADDED BY P.L.230-2005,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 5. To be eligible to be a candidate for the
governing body under this chapter, the following apply:
(1) Each prospective candidate must file a
petition of nomination
petition with the board of elections and registration not earlier
than one hundred four (104) days and not later than noon
seventy-four (74) days before the
primary general election at
which the members are to be elected.
that includes The petition
of nomination must include the following:
information:
(A) The name of the prospective candidate.
(B) Whether the prospective candidate is a district candidate
or an at-large candidate.
(C) A certification that the prospective candidate meets the
qualifications for candidacy imposed under this chapter.
(D) The signatures of at least one hundred (100) registered
voters residing in the school corporation.
(2) Each prospective candidate for a district position must:
(A) reside in the district; and
(B) have resided in the district for at least the three (3) years
immediately preceding the election.
(3) Each prospective candidate for an at-large position must:
(A) reside in the school corporation; and
(B) have resided in the school corporation for at least the three
(3) years immediately preceding the election.
(4) Each prospective candidate (regardless of whether the
candidate is a district candidate or an at-large candidate) must:
(A) be a registered voter;
(B) have been a registered voter for at least the three (3) years
immediately preceding the election; and
(C) be a high school graduate or have received a:
(i) high school equivalency certificate; or
(ii) state general educational development (GED) diploma
under IC 20-20-6.
(5) A prospective candidate may not:
(A) hold any other elective or appointive office; or
(B) have a pecuniary interest in any contract with the school
corporation or its governing body;
as prohibited by law.
SOURCE: IC 20-23-14-8; (10)MO103004.47. -->
SECTION 47. IC 20-23-14-8, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 8. (a) The term of each person elected to serve on
the governing body
(1) is four (4) years. and
(2) begins
(b) The term of each person elected to serve on the governing
body begins on the July 1 January 1 that next follows the person's
election.
SOURCE: IC 20-23-14-9; (10)MO103004.48. -->
SECTION 48. IC 20-23-14-9, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 9. The members are elected as follows:
(1) Three (3) of the members are elected at the primary general
election to be held in 2008 2012 and every four (4) years
thereafter.
(2) Two (2) of the members are elected at the primary general
election to be held in 2006 2010 and every four (4) years
thereafter.
SOURCE: IC 20-25-3-4; (10)MO103004.49. -->
SECTION 49. IC 20-25-3-4, AS AMENDED BY P.L.1-2006,
SECTION 322, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 4. (a) The board consists of seven
(7) members. A member:
(1) must be elected on a nonpartisan basis in
primary general
elections held in the county as specified in this section; and
(2) serves a four (4) year term.
(b) Five (5) members shall be elected from the school board districts
in which the members reside, and two (2) members must be elected at
large. Not more than two (2) of the members who serve on the board
may reside in the same school board district.
(c) If a candidate runs for one (1) of the district positions on the
board, only eligible voters residing in the candidate's district may vote
for that candidate. If a person is a candidate for one (1) of the at-large
positions, eligible voters from all the districts may vote for that
candidate.
(d) If a candidate files to run for a position on the board, the
candidate must specify whether the candidate is running for a district
or an at-large position.
(e) A candidate who runs for a district or an at-large position wins
if the candidate receives the greatest number of votes of all the
candidates for the position.
(f) Districts shall be established within the school city by the state
board. The districts must be drawn on the basis of precinct lines, and
as nearly as practicable, of equal population with the population of the
largest district not to exceed the population of the smallest district by
more than five percent (5%). District lines must not cross precinct
lines. The state board shall establish:
(1) balloting procedures for the election under IC 3; and
(2) other procedures required to implement this section.
(g) A member of the board serves under section 3 of this chapter.
(h) In accordance with subsection (k), a vacancy in the board shall
be filled temporarily by the board as soon as practicable after the
vacancy occurs. The member chosen by the board to fill a vacancy
holds office until the member's successor is elected and qualified. The
successor shall be elected at the next regular school board election
occurring after the date on which the vacancy occurs. The successor
fills the vacancy for the remainder of the term.
(i) An individual elected to serve on the board begins the
individual's term on July 1 of the year of January 1 immediately
following the individual's election.
(j) Notwithstanding any law to the contrary, each voter must cast a
vote for a school board candidate or school board candidates by voting
system or paper ballot. However, the same method used to cast votes
for all other offices for which candidates have qualified to be on the
election ballot must be used for the board offices.
(k) If a vacancy in the board exists because of the death of a
member, the remaining members of the board shall meet and select an
individual to fill the vacancy in accordance with subsection (h) after
the secretary of the board receives notice of the death under IC 5-8-6.
SOURCE: IC 33-33-53-5; (10)MO103004.50. -->
SECTION 50. IC 33-33-53-5, AS AMENDED BY P.L.2-2006,
SECTION 183, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 5. In accordance with rules adopted
by the judges of the court under section 6 of this chapter, the presiding
judge shall do the following:
(1) Ensure that the court operates efficiently and judicially under
rules adopted by the court.
(2) Annually submit to the fiscal body of Monroe County a budget
for the court, including amounts necessary for:
(A) the operation of the circuit's probation department;
(B) the defense of indigents; and
(C) maintaining an adequate law library.
(3) Make the appointments or selections required of a circuit or
superior court judge under the following statutes:
IC 8-4-21-2
IC 11-12-2-2
IC 16-22-2-4
IC 16-22-2-11
IC 16-22-7
IC 20-23-4
IC 20-23-7-6
IC 20-23-7-8 IC 20-23-7-8.1
IC 20-26-7-8
IC 20-26-7-14
IC 20-47-2-15
IC 20-47-3-13
IC 36-9
IC 36-10
IC 36-12-10-10.
(4) Make appointments or selections required of a circuit or
superior court judge by any other statute, if the appointment or
selection is not required of the court because of an action before
the court.
SOURCE: IC 33-34-6-4; (10)MO103004.51. -->
SECTION 51. IC 33-34-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 4. (a) The voters
of each township having a small claims court shall elect a constable for
the small claims court at the general election every four (4) years for a
term of office of four (4) years, beginning January 1 after election and
continuing until a successor is elected and qualified. The ballot must
state the:
(1) name of the candidate; and
(2) court for which the candidate is to serve.
(b) Each small claims court shall have a constable who:
(1) acts as the bailiff of the court;
(2) serves the court's personal service of process;
(3) has police powers to:
(A) make arrests under a court order or to maintain order
in the court;
(B) keep the peace in the court during court proceedings;
and
(C) carry out the orders of the court;
(4) must meet the qualifications prescribed by IC 3-8-1-31;
(5) is compensated for each process that is delivered to effect
personal service when serving as the bailiff for the court;
(6) is responsible for:
(A) the preparation and mailing of all registered or certified
service and is compensated for each process served by mail;
and
(B) all the official acts of the deputies;
(7) is compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(8) may require a deputy to give a bond for the proper discharge
of the deputy's duties for an amount fixed by the constable; and
(9) must file an annual statement of economic interests under
IC 33-23-11-14.
(c) The elected constable may appoint full-time and part-time
deputies for assistance in the performance of official duties who:
(1) perform all the official duties required to be performed by the
constable;
(2) possess the same statutory and common law powers and
authority as the constable;
(3) must take the same oath required of the constable;
(4) are compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(5) serve at the pleasure of the constable and may be dismissed at
any time with or without cause; and
(6) if the deputy is a full-time deputy, must file an annual
statement of economic interests under IC 33-23-11-14.
(d) If there is an:
(1) emergency; or
(2) inability of a constable to carry out the constable's duties;
the judge may appoint a special constable to carry out the duties of the
constable during the emergency or inability.
SOURCE: IC 36-1-2-5; (10)MO103004.52. -->
SECTION 52. IC 36-1-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. "Executive"
means the:
(1) board of commissioners, for a county not having that:
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a
county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
(2) (3) mayor of the consolidated city, for a county having a
consolidated city;
(3) (4) mayor, for a city;
(4) (5) president of the town council, for a town;
(5) (6) trustee, for a township;
(6) (7) superintendent, for a school corporation; or
(7) (8) chief executive officer, for any other political subdivision.
SOURCE: IC 36-1-2-9; (10)MO103004.53. -->
SECTION 53. IC 36-1-2-9, AS AMENDED BY P.L.186-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. "Legislative body" means the:
(1) board of county commissioners, for a county not subject to
IC 36-2-2.5, IC 36-2-3.5, or IC 36-3-1;
(2) county council, for a county subject to IC 36-2-2.5 or
IC 36-2-3.5;
(3) city-county council, for a consolidated city or county having
a consolidated city;
(4) common council, for a city other than a consolidated city;
(5) town council, for a town;
(6) township board, for a township;
(7) governing body of any other political subdivision that has a
governing body; or
(8) chief executive officer of any other political subdivision that
does not have a governing body.
SOURCE: IC 36-1-3-6; (10)MO103004.54. -->
SECTION 54. IC 36-1-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) If there is a
constitutional or statutory provision requiring a specific manner for
exercising a power, a unit wanting to exercise the power must do so in
that manner.
(b) If there is no constitutional or statutory provision requiring a
specific manner for exercising a power, a unit wanting to exercise the
power must either:
(1) if the unit is a county or municipality, adopt an ordinance
prescribing a specific manner for exercising the power;
(2) if the unit is a township, adopt a resolution prescribing a
specific manner for exercising the power; or
(3) comply with a statutory provision permitting a specific manner
for exercising the power.
(c) An ordinance under subsection (b)(1) must be adopted as
follows:
(1) In a municipality, by the legislative body of the municipality.
(2) In a county subject to IC 36-2-2.5, IC 36-2-3.5, or IC 36-3-1,
by the legislative body of the county.
(3) In any other county, by the executive of the county.
(d) A resolution under subsection (b)(2) must be adopted by the
legislative body of the township.
SOURCE: IC 36-1-8-10.5; (10)MO103004.55. -->
SECTION 55. IC 36-1-8-10.5, AS AMENDED BY P.L.1-2005,
SECTION 231, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 10.5. (a) This section does not
apply to the following:
(1) An elected or appointed officer.
(2) An individual described in IC 20-26-4-11.
(b) Subject to IC 3-5-9, an employee of a political subdivision may:
(1) be a candidate for any elected office and serve in that office if
elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as an employee of the political subdivision.
SOURCE: IC 36-1-20; (10)MO103004.56. -->
SECTION 56. IC 36-1-20 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 20. Employment of Relatives; Contracting With
Relatives
Sec. 1. This chapter does not apply to the following:
(1) An individual who is a contractor or employed by a
contractor for the design or construction of a public works
project.
(2) An individual who is a vendor or employed by a vendor for
a purchase of mowing services or property maintenance
services.
(3) An individual who is a member of a paid fire department
or a volunteer fire department that renders fire protection
services to the political subdivision.
Sec. 2. For purposes of this chapter, the performance of the
duties of a precinct election officer (as defined in IC 3-5-2-40.1)
that are imposed by IC 3 is not considered employment by a
political subdivision.
Sec. 3. As used in this chapter, "employee" means an individual
who is employed by a political subdivision on a full time, a part
time, a temporary, an intermittent, or an hourly basis. The term
does not include a member of a paid fire department or a volunteer
fire department that renders fire protection services to the political
subdivision.
Sec. 4. (a) As used in this chapter, "relative" means any of the
following:
(1) A husband.
(2) A wife.
(3) A father, grandfather, or stepfather.
(4) A mother, grandmother, or stepmother.
(5) A son, grandson, stepson, or son-in-law.
(6) A daughter, granddaughter, stepdaughter, or
daughter-in-law.
(7) A brother or stepbrother.
(8) A sister or stepsister.
(9) An aunt.
(10) An uncle.
(11) A niece.
(12) A nephew.
(13) A first cousin.
(b) A relative by adoption, half-blood, marriage, or remarriage
is considered a relative of whole kinship for purposes of this
chapter.
Sec. 5. An individual who is a relative of an officer or employee
of a political subdivision may not be employed by the political
subdivision in a position in which the individual would have a
direct supervisory or subordinate relationship with the officer or
employee who is the individual's relative.
Sec. 6. (a) A political subdivision may not enter into a contract
or renew a contract with:
(1) an individual to provide goods or services to the political
subdivision, if the individual is a relative of an individual who:
(A) is the executive of the political subdivision; or
(B) is a member of the executive of the political
subdivision; or
(2) a business entity to provide goods or services, if:
(A) a relative of the executive of the political subdivision;
or
(B) a relative of a member of the executive of the political
subdivision;
has an ownership interest in the business entity.
(b) This section does not prohibit a political subdivision from
entering into a contract or renewing a contract if an employee of:
(1) an individual contractor under subsection (a)(1); or
(2) a business entity under subsection (a)(2);
is a relative of the executive of the political subdivision or a
member of the executive of the political subdivision.
(c) This section does not affect the initial term of a contract in
existence at the time the term of office of the executive of the
political subdivision or the member of the executive of the political
subdivision begins.
Sec. 7. This chapter does not require the termination or
reassignment of any employee of a political subdivision from any
position held by that individual before July 1, 2010. This section
expires January 1, 2015.".
SOURCE: Page 6, line 1; (10)MO103004.6. -->
Page 6, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 36-2-2-1; (10)MO103004.58. -->
"SECTION 58. IC 36-2-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. Except as
specifically provided, this chapter applies to all counties not does not
apply to the following:
(1) A county having a consolidated city.
(2) A county in which a county chief executive officer has been
elected under IC 36-2-2.5.
SOURCE: IC 36-2-2-4; (10)MO103004.59. -->
SECTION 59. IC 36-2-2-4, AS AMENDED BY P.L.230-2005,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) This subsection does not apply to a
county having a population of:
(1) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less than three
hundred thousand (300,000).
The executive shall divide the county into three (3) districts that are
composed of contiguous territory and are reasonably compact. The
district boundaries drawn by the executive must not cross precinct
boundary lines and must divide townships only when a division is
clearly necessary to accomplish redistricting under this section. If
necessary, the county auditor shall call a special meeting of the
executive to establish or revise districts.
(b) This subsection applies to a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000). A county redistricting commission shall divide the
county into three (3) single-member districts that comply with
subsection (d). The commission is composed of:
(1) the members of the Indiana election commission;
(2) two (2) members of the senate selected by the president pro
tempore, one (1) from each political party; and
(3) two (2) members of the house of representatives selected by
the speaker, one (1) from each political party.
The legislative members of the commission have no vote and may act
only in an advisory capacity. A majority vote of the voting members is
required for the commission to take action. The commission may meet
as frequently as necessary to perform its duty under this subsection.
The commission's members serve without additional compensation
above that provided for them as members of the Indiana election
commission, the senate, or the house of representatives. If a county to
which this subsection applies adopts a county government
structure in which a chief executive officer is elected under
IC 36-2-2.5, the county redistricting commission under this
subsection is not abolished and continues in existence for purposes
of dividing, as necessary, the county into county council districts.
(c) This subsection applies to a county having a population of more
than two hundred thousand (200,000) but less than three hundred
thousand (300,000). The executive shall divide the county into three
(3) single-member districts that comply with subsection (d).
(d) Single-member districts established under subsection (b) or (c)
must:
(1) be compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) contain, as nearly as is possible, equal population; and
(3) not cross precinct lines.
(e) A division under subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county adopts an order declaring a county boundary
to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e).
SOURCE: IC 36-2-2.4; (10)MO103004.60. -->
SECTION 60. IC 36-2-2.4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 2.4. Determination of County Government Structure
Sec. 1. This chapter does not apply to a county having a
consolidated city.
Sec. 2. Subject to section 2.5 of this chapter, the executive of a
county may adopt an ordinance providing that the voters of the
county shall elect:
(1) a single county chief executive officer under IC 36-2-2.5
who has the executive powers and duties of the county; and
(2) a county council that has the legislative and fiscal powers
and duties of the county.
Sec. 2.5. Notwithstanding any other law, to be adopted under
section 2 of this chapter, an ordinance must be approved by a
unanimous vote of all the elected members of the county executive.
Sec. 3. An ordinance may be adopted under this chapter only:
(1) during an odd-numbered year; or
(2) before July 1 of an even-numbered year.
SOURCE: IC 36-2-2.5; (10)MO103004.61. -->
SECTION 61. IC 36-2-2.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 2.5. County Chief Executive Officer
Sec. 1. Except as specifically provided by law, this chapter
applies to each county:
(1) that does not have a consolidated city; and
(2) in which an ordinance under IC 36-2-2.4 making the
county executive a single county chief executive officer has
been approved.
Sec. 2. As used in this chapter, "chief executive officer" means
the county chief executive officer elected under IC 3-10-2-13.
Sec. 3. In a county to which this chapter applies:
(1) the voters of the county:
(A) shall elect one (1) chief executive officer in the second
general election after the ordinance under IC 36-2-2.4 is
approved and every four (4) years thereafter; and
(B) beginning with the second general election after the
ordinance under IC 36-2-2.4 is approved, shall not elect a
board of county commissioners;
(2) the board of county commissioners for the county is
abolished January 1 of the year following the year in which
the first county chief executive officer is elected; and
(3) notwithstanding IC 36-2-2-3, the term of each county
commissioner serving on December 31 of the year in which
the first county chief executive officer is elected expires
January 1 of the year following the year in which the first
county chief executive officer is elected.
Sec. 4. (a) The term of office of a chief executive officer is four
(4) years, beginning January 1 after election and continuing until
a successor is elected and qualified.
(b) To be eligible for election as the chief executive officer, an
individual must meet the qualifications prescribed by IC 3-8-1-21.
If an individual does not remain a resident of the county after
taking office as the chief executive officer, the individual forfeits
the office. The county legislative body shall declare the office
vacant whenever the chief executive officer forfeits office under
this subsection.
Sec. 5. (a) On January 1 following the year in which the first
county chief executive officer is elected, all of the property, assets,
funds, equipment, records, rights, contracts, obligations, and
liabilities of the board of county commissioners of a county are
transferred to or assumed by the chief executive officer.
(b) The abolishment of the board of county commissioners of a
county on January 1 following the year in which the first county
chief executive officer is elected does not invalidate:
(1) any ordinances, resolutions, fees, schedules, or other
actions adopted or taken by the board of county
commissioners before the board is abolished; or
(2) any appointments made by the board of county
commissioners before the board is abolished.
Sec. 6. (a) All powers and duties of the county that are executive
or administrative in nature (including any power of appointment
related to executive or administrative functions) shall be exercised
or performed by the chief executive officer, except to the extent
that these powers and duties are expressly assigned by law to
another elected or appointed officer. The chief executive officer
shall transact the business of the county in the name of "The Chief
Executive Officer of the County of ________".
(b) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
to the board of commissioners pertaining to the executive powers
of a county shall be considered a reference to the chief executive
officer of the county.
(c) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
related to the executive powers and duties of the board of county
commissioners shall be considered a reference to the powers and
duties of the chief executive officer of the county.
(d) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, the county council has the legislative and fiscal
powers and duties of the county as provided in IC 36-2-3.7.
Sec. 7. The chief executive officer shall do the following:
(1) Report on the condition of the county before March 1 of
each year to the county legislative body and to the residents of
the county.
(2) Recommend before March 1 of each year to the county
legislative body any action or program the chief executive
officer considers necessary for the improvement of the county
and the welfare of county residents.
(3) Submit to the county legislative body an annual budget in
accordance with IC 36-2-5.
(4) Establish the procedures to be followed by all county
departments, offices, and agencies under the chief executive
officer's jurisdiction to the extent these procedures are not
expressly assigned by law to another elected or appointed
officer.
(5) Administer all statutes, ordinances, and regulations
applicable to the county, to the extent the administration of
these matters is not expressly assigned by law to another
elected or appointed officer.
(6) Supervise the care and custody of all county property.
(7) Supervise the collection of revenues and control all
disbursements and expenditures, and prepare a complete
account of all expenditures, to the extent these matters are not
expressly assigned by law to another elected or appointed
officer.
(8) Review, analyze, and forecast trends for county services
and finances and programs of all county governmental
entities, and report and recommend on these to the county
legislative body by March 15 of each year.
(9) Negotiate contracts for the county.
(10) Make recommendations concerning the nature and
location of county improvements, and provide for the
execution of those improvements.
(11) Supervise county administrative offices, except for the
offices of elected officers.
(12) Do the following in January of each year:
(A) Make a settlement with the county treasurer for the
preceding calendar year and include a copy of the
settlement sheet in the order book of the chief executive
officer.
(B) Make an accurate statement of the county's receipts
and expenditures during the preceding calendar year. The
statement must include the name of and total
compensation paid to each county officer, deputy, and
employee. The executive shall post this statement at the
courthouse door and two (2) other places in the county and
shall publish it in the manner prescribed by IC 5-3-1.
(13) Perform other duties and functions that are assigned to
the chief executive officer by statute or ordinance.
Sec. 8. The chief executive officer may do any of the following:
(1) Order any department, office, or agency under the chief
executive officer's jurisdiction to undertake any task for
another department, office, or agency under the chief
executive officer's jurisdiction on a temporary basis, if
necessary for the proper and efficient administration of
county government.
(2) Establish and administer centralized budgeting,
centralized personnel selection, and centralized purchasing.
(3) Audit the accounts of officers who deal with money
belonging to or appropriated for the benefit of the county.
(4) Approve accounts chargeable against the county and
direct the raising of money necessary for county expenses.
(5) Make orders concerning county property, including orders
for:
(A) the sale of the county's public buildings and the
acquisition of land in the county seat on which to build new
public buildings; and
(B) the acquisition of land for a public square and the
maintenance of that square.
However, a conveyance or purchase by a county of land
having a value of one thousand dollars ($1,000) or more must
be authorized by an ordinance of the county legislative body
fixing the terms and conditions of the transaction.
Sec. 9. (a) The chief executive officer shall establish and
maintain a county courthouse, county jail, and public offices for
the county clerk, the county auditor, the county recorder, the
county treasurer, the county sheriff, and the county surveyor.
(b) Offices for the surveyor must be in the courthouse or at the
county seat.
(c) Offices for the sheriff may be located:
(1) in the courthouse;
(2) inside the corporate limits of the county seat; or
(3) outside the corporate limits of the county seat but within
the limits of the county.
Sec. 10. (a) The chief executive officer may grant licenses,
permits, or franchises for the use of county property if the licenses,
permits, or franchises:
(1) are not exclusive;
(2) are of a definite duration; and
(3) are assignable only with the consent of the chief executive
officer.
(b) If a public utility or municipally owned or operated utility
that carries on business outside the corporate boundaries of
municipalities in the county is engaged in an activity substantially
similar to that for which a license, permit, or franchise for the use
of county property is sought, the chief executive officer may grant
the license, permit, or franchise only with the consent of the utility
regulatory commission. The commission may give its consent only
if it determines, after a public hearing of all interested parties, that
public necessity and convenience require the substantially similar
activity.
(c) The provisions of this section that concern securing the
consent of the utility regulatory commission do not apply to
municipally owned or operated utilities.
Sec. 11. Notwithstanding any other law, if a statute requires a
county executive to take an executive action by ordinance or
resolution, a chief executive officer shall instead take the action by
issuing an executive order.
Sec. 12. (a) If the chief executive officer is disqualified from
acting in a quasi-judicial proceeding, the chief executive officer
shall cease to act in that proceeding. Not later than ten (10) days
after the finding that the chief executive officer is disqualified to
act in a proceeding, the county auditor shall send a certified copy
of the record of the proceeding to the judge of the circuit court for
the county. If the judge affirms the disqualification of the chief
executive officer, the judge shall appoint a disinterested and
competent person to serve as a special executive in the proceeding.
(b) A person who consents to serve as a special executive must
have the same qualifications as an elected chief executive officer.
The person's appointment and oath shall be filed with the county
auditor and entered on the records of the chief executive officer. A
person appointed as a special executive may conduct the
proceeding until a final determination is reached.
Sec. 13. The chief executive officer shall keep the chief executive
officer's office open on each business day.
Sec. 14. Appointments made by the chief executive officer shall
be certified by the county auditor, under the seal of the chief
executive officer.
Sec. 15. (a) The chief executive officer may employ a person:
(1) to perform a duty required of a county officer by statute;
or
(2) on a commission or percentage basis;
only if the employment is expressly authorized by statute or is
found by the chief executive officer to be necessary to the public
interest.
(b) If a person's employment under subsection (a) is not
expressly authorized by statute, the contract for the person's
employment must be filed with the circuit court for the county, and
the person must file the person's claims for compensation with that
court. Any taxpayer may contest a claim under this section.
(c) A chief executive officer who recklessly violates this section
commits a Class C misdemeanor and forfeits the person's office.
Sec. 16. The chief executive officer shall appear before the
legislative body of the county at least once each month and at other
times as needed to conduct all necessary county business.
Sec. 17. (a) A party to a proceeding before the chief executive
officer who is aggrieved by a decision of the chief executive officer
may appeal that decision to the circuit court for the county.
(b) A person who is not a party to a proceeding before the chief
executive officer may appeal a decision of the chief executive
officer only if the person files with the county auditor an affidavit:
(1) specifically setting forth the person's interest in the matter
decided; and
(2) alleging that the person is aggrieved by the decision of the
chief executive officer.
(c) An appeal under this section must be taken not later than
thirty (30) days after the chief executive officer makes the decision
by which the appellant is aggrieved.
(d) An appellant under this section must file with the county
auditor a bond conditioned on due prosecution of the appeal. The
bond is subject to approval by the county auditor and must be in
an amount sufficient to provide security for court costs.
(e) Not later than twenty (20) days after the county auditor
receives the appeal bond, the county auditor shall prepare a
complete transcript of the proceedings of the chief executive officer
related to the decision appealed from and shall deliver the
transcript, all documents filed during the proceedings, and the
appeal bond to the clerk of the circuit court.
Sec. 18. (a) An appeal under section 17 of this chapter shall be
docketed among the other causes pending in the circuit court and
shall be tried as an original cause.
(b) A court may decide an appeal under section 17 of this
chapter by:
(1) affirming the decision of the chief executive officer; or
(2) remanding the cause to the chief executive officer with
directions as to how to proceed;
and may require the chief executive officer to comply with this
decision.
Sec. 19. (a) The county auditor or the chief executive officer may
administer any oaths required by this chapter.
(b) The county sheriff or a county police officer shall attend the
meetings of the chief executive officer, if requested by the chief
executive officer, and shall execute the chief executive officer's
orders.
Sec. 20. (a) Appointments made by the chief executive officer
shall be certified by the county auditor, under the seal of the chief
executive officer.
(b) If a copy of the chief executive officer's proceedings has been
signed and sealed by the county auditor and introduced into
evidence in court, that copy is presumed to be an accurate record
of the chief executive officer's proceedings.
Sec. 21. If publication of a notice, report, or statement of any
kind is required and a county is liable for the cost of that
publication, the chief executive officer may not make or pay for
publication in more than one (1) newspaper unless publication in
two (2) newspapers is required. A person who violates this section
commits a Class C infraction.
Sec. 22. (a) The chief executive officer may employ and fix the
compensation of an attorney to represent and advise the executive.
(b) For purposes of Article 2, Section 9 of the Constitution of the
State of Indiana, employment by a chief executive officer as an
attorney does not constitute a lucrative office.
SOURCE: IC 36-2-2-2.6; (10)MO103004.1. -->
SECTION 1. IC 36-2-2-2.6 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 2.6. Petition to Change County Government Structure;
County Council Approval
Sec. 1. This chapter applies to a county that elects a county chief
executive officer under IC 36-2-2.5.
Sec. 2. This chapter does not apply to a county that has a
consolidated city.
Sec. 3. A petition may be submitted to the county council, signed
by at least the number of registered voters equal to two percent
(2%) of the votes cast in the last election for secretary of state in
the county, requesting the county council to adopt an ordinance
changing county government structure as follows:
(1) The county executive would be a three (3) member board
of county commissioners, elected under IC 36-2-2
(2) The office of county chief executive officer would be
abolished.
(3) If the county is not subject to IC 36-2-3.5, the county
legislative body would be the board of county commissioners.
(4) If the county is subject to IC 36-2-3.5, the county
legislative body would be the county council.
(5) The county council would continue to be the county fiscal
body.
Sec. 4. Except as provided in sections 9 and 10 of this chapter,
a petition under section 3 of this chapter must be submitted to the
county council:
(1) not earlier than January 1; and
(2) not later than July 1;
of the year preceding the year in which a county chief executive
officer would be elected.
Sec. 5. (a) The county council may adopt an ordinance providing
that the voters of the county shall elect:
(1) a three (3) member board of commissioners that has the:
(A) executive and legislative powers and duties of the
county if the county is not subject to IC 36-2-3.5; or
(B) executive powers and duties of the county if the county
is subject to IC 36-2-3.5; and
(2) a county council that has the:
(A) fiscal powers and duties of the county if the county is
not subject to IC 36-2-3.5; or
(B) fiscal and legislative powers and duties of the county if
the county is subject to IC 36-2-3.5.
(b) If the county council does not vote to approve or disapprove
the adoption of an ordinance to change the structure of county
government as set forth in subsection (a) by December 31 of the
year preceding the year in which a county chief executive officer
would be elected, the county council shall be considered to have
adopted an ordinance approving the change in structure of county
government as set forth in subsection (a).
Sec. 6. If the county council adopts an ordinance approving the
change in county government structure under section 5(a) of this
chapter or does not vote to approve or disapprove the change in
county government structure under section 5(b) of this chapter, the
office of county commissioner shall be placed on the primary
election ballot for the county in the year following the year the
petition is submitted, and the office shall be elected in the next
general election in the county.
Sec. 7. On January 1 in the year following the year that the
board of commissioners is elected under this chapter, the following
occurs:
(1) The office of county chief executive officer is abolished and
the term of the county chief executive officer expires.
(2) The county is not subject to IC 36-2-2.5 and IC 36-2-3.7.
(3) The county executive is the board of county commissioners
elected under IC 36-2-2. The board of county commissioners
has all powers that are executive or administrative in nature.
(4) If the county is not subject to IC 36-2-3.5 or IC 36-3-1, the
county legislative body is the board of county commissioners.
All powers that are legislative in nature are transferred from
the county fiscal body to the board of county commissioners.
(5) If the county is subject to IC 36-2-3.5, the county
legislative body is the county council.
(6) The county council is the county fiscal body.
(7) All of the property, assets, funds, equipment, records,
rights, contracts, obligations, and liabilities of the county chief
executive officer are transferred to or assumed by the board
of county commissioners.
Sec. 8. The abolishment of the office of the county executive
officer on January 1 following the year in which the board of
county commissioners is elected does not invalidate:
(1) any resolutions, fees, schedules, or other actions adopted
or taken by the county chief executive officer before the office
is abolished; or
(2) any appointments made by the county chief executive
officer before the office is abolished.
Sec. 9. (a) The first petition under section 3 of this chapter:
(1) may not be submitted to the county fiscal body during the
term of the first elected county chief executive officer;
(2) may be submitted:
(A) not earlier than January 1; and
(B) not later than July 1;
of the year preceding the year in which a second county chief
executive officer would be elected.
(b) The county council may not vote to approve or disapprove
an ordinance as a result of a petition filed under this chapter to
change county government structure until the year preceding the
year in which a second county chief executive officer would be
elected.
Sec. 10. A petition may not be filed under section 3 of this
chapter more than once every eight (8) years.
SOURCE: IC 36-2-3-4; (10)MO103004.62. -->
SECTION 62. IC 36-2-3-4, AS AMENDED BY P.L.230-2005,
SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) This subsection does not apply to a
county having a population of:
(1) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less than three
hundred thousand (300,000).
The county executive shall by ordinance
or, in a county subject to
IC 36-2-2.5, by resolution divide the county into four (4) contiguous,
single-member districts that comply with subsection (d). If necessary,
the county auditor shall call a special meeting of the executive to
establish or revise districts. One (1) member of the fiscal body shall be
elected by the voters of each of the four (4) districts. Three (3) at-large
members of the fiscal body shall be elected by the voters of the whole
county.
(b) This subsection applies to a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000). The county redistricting commission established
under IC 36-2-2-4 shall divide the county into seven (7) single-member
districts that comply with subsection (d). One (1) member of the fiscal
body shall be elected by the voters of each of these seven (7)
single-member districts.
(c) This subsection applies to a county having a population of more
than two hundred thousand (200,000) but less than three hundred
thousand (300,000). The fiscal body shall divide the county into nine
(9) single-member districts that comply with subsection (d). Three (3)
of these districts must be contained within each of the three (3) districts
established under IC 36-2-2-4(c). One (1) member of the fiscal body
shall be elected by the voters of each of these nine (9) single-member
districts.
(d) Single-member districts established under subsection (a), (b), or
(c) must:
(1) be compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) not cross precinct boundary lines;
(3) contain, as nearly as possible, equal population; and
(4) include whole townships, except when a division is clearly
necessary to accomplish redistricting under this section.
(e) A division under subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county executive adopts an order declaring a county
boundary to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e).
SOURCE: IC 36-2-3.5-1; (10)MO103004.63. -->
SECTION 63. IC 36-2-3.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Except as
provided in subsection (b), this chapter applies to:
(1) a county having a population of:
(A) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(B) more than two hundred thousand (200,000) but less than
three hundred thousand (300,000); and
(2) any other county not having a consolidated city, if both the
county executive and the county fiscal body adopt identical
ordinances providing for the county to be governed by this
chapter beginning on a specified effective date.
(b) Except as provided in section 6(c) of this chapter, this
chapter does not apply to a county beginning after December 31 of
the year in which a chief executive officer is first elected under
IC 36-2-2.5.
SOURCE: IC 36-2-3.5-6; (10)MO103004.64. -->
SECTION 64. IC 36-2-3.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) A court may
issue an order, before final hearing, to stay an election if there is
sufficient evidence to withstand a motion for summary judgment that
the county has not been divided into districts that comply with
IC 36-2-2-4 or IC 36-2-3-4. A preliminary hearing on the question may
be held upon the court's own motion.
(b) Final judgment on the merits in such a case shall be made within
thirty (30) days of the stay of election order. If the redistricting is found
not to be in compliance with law, the court shall retain jurisdiction and
shall order the proper officials to submit within thirty (30) days a
redistricting plan complying with law. If the proper officials fail to
comply with the order, the court shall order the Indiana election
commission to divide the county into districts in compliance with law.
(c) If this chapter applied to a county at the time a chief
executive officer is first elected under IC 36-2-2.5, this section
continues to apply to the county after the election of the chief
executive officer.
SOURCE: IC 36-2-3.7; (10)MO103004.65. -->
SECTION 65. IC 36-2-3.7 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 3.7. County Council as the County Legislative Body
Sec. 1. Except as specifically provided by law, this chapter
applies to each county:
(1) that does not have a consolidated city; and
(2) in which an ordinance under IC 36-2-2.4 making the
county executive a single county chief executive officer has
been approved.
Sec. 2. As used in this chapter, "chief executive officer" means
the county chief executive officer elected under IC 3-10-2-13.
Sec. 3. In a county to which this chapter applies:
(1) the voters of the county shall continue to elect members of
the county council; and
(2) beginning on January 1 following the year in which the
first county chief executive officer is elected:
(A) the executive and legislative powers of the county are
divided between separate branches of county government,
and a power belonging to one (1) branch of county
government may not be exercised by the other branch of
county government;
(B) the county council is the county legislative body as well
as the county fiscal body; and
(C) the chief executive officer is the county executive of the
county and has the executive and administrative powers
and duties of the county as provided in IC 36-2-2.5.
Sec. 4. (a) All powers and duties of the county that are legislative
in nature (including any power of appointment related to
legislative functions) shall be exercised or performed by the county
council functioning as the county legislative body.
(b) The county council has the same legislative powers and
duties that the board of county commissioners in the county had
before the board of county commissioners was abolished.
(c) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
to the board of commissioners pertaining to the legislative powers
of a county shall be considered a reference to the county council of
the county.
(d) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
related to the legislative powers and duties of the board of county
commissioners shall be considered a reference to the powers and
duties of the county council of the county.
Sec. 5. The county council may do any of the following:
(1) Establish committees that are necessary to carry out the
county council's functions.
(2) Employ legal and administrative personnel necessary to
carry out the county council's functions.
(3) Pass all ordinances, orders, resolutions, and motions for
the government of the county, in the manner prescribed by
IC 36-2-4.
(4) Receive gifts, bequests, and grants from public or private
sources.
(5) Conduct investigations into the conduct of county business
for the purpose of correcting deficiencies and ensuring
adherence to law and county ordinances and policies.
(6) Establish, by ordinance, new county departments,
divisions, or agencies whenever necessary to promote efficient
county government.
SOURCE: IC 36-2-4-8; (10)MO103004.66. -->
SECTION 66. IC 36-2-4-8, AS AMENDED BY P.L.78-2009,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) An ordinance, order, or resolution is
considered adopted when it is signed by the presiding officer. If
required, an adopted ordinance, order, or resolution must be
promulgated or published according to statute before it takes effect.
(b) An ordinance prescribing a penalty or forfeiture for a violation
must, before it takes effect, be published once each week for two (2)
consecutive weeks, according to IC 5-3-1. However, if such an
ordinance is adopted by the legislative body of a county subject to
IC 36-2-3.5
or IC 36-2-3.7 and there is an urgent necessity requiring
its immediate effectiveness, it need not be published if:
(1) the county executive proclaims the urgent necessity; and
(2) copies of the ordinance are posted in three (3) public places in
each of the districts of the county before it takes effect.
(c) The following apply in addition to the other requirements of this
section:
(1) An ordinance or resolution passed by the legislative body of
a county subject to IC 36-2-3.5 is considered adopted only if it is:
(A) approved by signature of a majority of the county
executive;
(B) neither approved nor vetoed by a majority of the executive,
within ten (10) days after passage by the legislative body; or
(C) passed over the veto of the executive by a two-thirds (2/3)
vote of the legislative body, within sixty (60) days after
presentation of the ordinance or resolution to the executive.
(2) The legislative body of a county shall:
(A) subject to subdivision (3), give written notice to the
department of environmental management not later than sixty
(60) days before amendment or repeal of an environmental
restrictive ordinance; and
(B) give written notice to the department of environmental
management not later than thirty (30) days after passage,
amendment, or repeal of an environmental restrictive
ordinance.
(3) Upon written request by the legislative body, the department
of environmental management may waive the notice requirement
of subdivision (2)(A).
(4) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice
requirements of subdivision (2).
(5) The failure of an environmental restrictive ordinance to
comply with subdivision (4) does not void the ordinance.
(d) After an ordinance or resolution passed by the legislative body
of a county subject to IC 36-2-3.5 has been signed by the presiding
officer, the county auditor shall present it to the county executive, and
record the time of the presentation. Within ten (10) days after an
ordinance or resolution is presented to it, the executive shall:
(1) approve the ordinance or resolution, by signature of a majority
of the executive, and send the legislative body a message
announcing its approval; or
(2) veto the ordinance or resolution, by returning it to the
legislative body with a message announcing its veto and stating
its reasons for the veto.
(e) This section does not apply to a zoning ordinance or amendment
to a zoning ordinance, or a resolution approving a comprehensive plan,
that is adopted under IC 36-7.
(f) An ordinance increasing a building permit fee on new
development must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance is
adopted by the legislative body in accordance with IC 5-3-1;
and
(2) delay the implementation of the fee increase for ninety (90)
days after the date the ordinance is published under subdivision
(1).
SOURCE: IC 36-3-3-10; (10)MO103004.67. -->
SECTION 67. IC 36-3-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) The board
of commissioners of the county is composed of the county treasurer, the
county auditor, and the county assessor. These officers shall serve ex
officio as commissioners without additional compensation for
performing the duties of the board.
(b) The board of commissioners:
(1) shall make the appointments required by statute to be made by
the board of commissioners of a county;
(2) shall perform the duties and exercise the powers prescribed by
statutes pertaining to the issuance and payment of bonds of the
county and the expenditure of the unexpended proceeds of those
bonds; and
(3) may exercise the powers granted it by Article 9, Section 3 of
the Constitution of the State of Indiana and by IC 12-30-3.
(c) Notwithstanding any other provision, an act enacted by the
general assembly during the second regular session of the one
hundred sixteenth general assembly to allow for a single elected
county chief executive officer under IC 36-2-2.5 in counties not
containing a consolidated city does not affect the rights, powers,
and duties of the board of commissioners in a county containing a
consolidated city.
SOURCE: IC 36-3-6-9; (10)MO103004.68. -->
SECTION 68. IC 36-3-6-9, AS AMENDED BY P.L.182-2009(ss),
SECTION 401, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 9. (a) Except as provided in
subsection (d), the city-county legislative body shall review the
proposed operating and maintenance budgets and tax levies and adopt
final operating and maintenance budgets and tax levies for each of the
following entities in the county:
(1) An airport authority operating under IC 8-22-3.
(2) A public library operating under IC 36-12.
(3) A capital improvement board of managers operating under
IC 36-10.
(4) A public transportation corporation operating under IC 36-9-4.
(5) A health and hospital corporation established under
IC 16-22-8.
(6) A building authority established under IC 36-9-13.
(6) (7) Any other taxing unit (as defined in IC 6-1.1-1-21) that is
located in the county and has a governing body that is not
comprised of a majority of officials who are elected to serve on
the governing body.
Except as provided in subsection (c), the city-county legislative body
may reduce or modify but not increase a proposed operating and
maintenance budget or tax levy under this section.
(b) The board of each entity listed in subsection (a) shall, after
adoption of its proposed budget and tax levies, submit them, along with
detailed accounts, to the city clerk before the first day of September of
each year.
(c) The city-county legislative body or, when subsection (d) applies,
the fiscal body of an excluded city or town shall review the issuance of
bonds of an entity listed in subsection (a). Approval of the city-county
legislative body or, when subsection (d) applies, the fiscal body of an
excluded city or town is required for the issuance of bonds. The
city-county legislative body or the fiscal body of an excluded city or
town may not reduce or modify a budget or tax levy of an entity listed
in subsection (a) in a manner that would:
(1) limit or restrict the rights vested in the entity to fulfill the
terms of any agreement made with the holders of the entity's
bonds; or
(2) in any way impair the rights or remedies of the holders of the
entity's bonds.
(d) If the assessed valuation of a taxing unit is entirely contained
within an excluded city or town (as described in IC 36-3-1-7) that is
located in a county having a consolidated city, the governing body of
the taxing unit shall submit its proposed operating and maintenance
budget and tax levies to the city or town fiscal body for approval and
not the city-county legislative body. Except as provided in subsection
(c), the fiscal body of the excluded city or town may reduce or modify
but not increase a proposed operating and maintenance budget or tax
levy under this section.
SOURCE: IC 36-4-4-2; (10)MO103004.69. -->
SECTION 69. IC 36-4-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) The powers of a
city are divided between the executive and legislative branches of its
government. A power belonging to one (1) branch of a city's
government may not be exercised by the other branch.
(b) Subject to IC 3-5-9, a city employee other than an elected or
appointed public officer may:
(1) be a candidate for any elective office and serve in that office
if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as a city employee.
SOURCE: IC 36-4-10-4.5; (10)MO103004.70. -->
SECTION 70. IC 36-4-10-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4.5. (a) This section
applies to third class cities.
(b) The fiscal officer is the head of the city department of finance.
The fiscal officer shall do the following:
(1) Receive and care for all city money and pay the money out
only on order of the approving body.
(2) Keep accounts showing when and from what sources the fiscal
officer has received city money and when and to whom the fiscal
officer has paid out city money.
(3) Prescribe payroll and account forms for all city offices.
(4) Prescribe the manner in which creditors, officers, and
employees shall be paid.
(5) Manage the finances and accounts of the city and make
investments of city money.
(6) Prepare for the legislative body the budget estimates of
miscellaneous revenue, financial statements, and the proposed tax
rate.
(7) Issue all licenses authorized by statute and collect the fees
fixed by ordinance.
(8) Serve as clerk of the board of public works by attending
meetings, preparing agendas, and recording proceedings.
(9) Perform all other duties prescribed by statute.
(c) A fiscal officer is not liable in an individual capacity for an act
or omission occurring in connection with the performance of the duties
prescribed by subsection (b), unless the act or omission constitutes
gross negligence or an intentional disregard of the fiscal officer's
duties.
(d) A fiscal officer shall attend training provided by the state
board of accounts concerning the duties and responsibilities of a
fiscal officer of a third class city.
SOURCE: IC 36-5-1-20; (10)MO103004.71. -->
SECTION 71. IC 36-5-1-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 20. (a) This section
does not apply to a town described by IC 36-5-1-11.5.
(b) A town subject to this chapter may be dissolved if the county
election board of the county in which the greatest percentage of
population of the town is located conducts a public hearing and finds
that the town has not elected town officers or had a functioning town
government during the preceding ten (10) years.
(c) The county election board shall certify the board's findings to the
county executive, who may adopt an ordinance or (in a county subject
to IC 36-2-2.5 or IC 36-2-3.5) issue an order to dissolve the town.
SOURCE: IC 36-8-3-12; (10)MO103004.72. -->
SECTION 72. IC 36-8-3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 12. Subject to
IC 3-5-9, members of the safety board and members of any township,
town, or city (including a consolidated city) police department, fire
department, or volunteer fire department (as defined by IC 36-8-12-2)
may:
(1) be candidates for elective office and serve in that office if
elected;
(2) be appointed to any office and serve in that office if appointed;
and
(3) as long as they are not in uniform and not on duty, solicit votes
and campaign funds and challenge voters for the office for which
they are candidates.
SOURCE: IC 36-8-10-11; (10)MO103004.73. -->
SECTION 73. IC 36-8-10-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. (a) The sheriff may
dismiss, demote, or temporarily suspend a county police officer for
cause after preferring charges in writing and after a fair public hearing
before the board, which is reviewable in the circuit court. Written
notice of the charges and hearing must be delivered by certified mail
to the officer to be disciplined at least fourteen (14) days before the
date set for the hearing. The officer may be represented by counsel. The
board shall make specific findings of fact in writing to support its
decision.
(b) The sheriff may temporarily suspend an officer with or without
pay for a period not exceeding fifteen (15) days, without a hearing
before the board, after preferring charges of misconduct in writing
delivered to the officer.
(c) A county police officer may not be dismissed, demoted, or
temporarily suspended because of political affiliation nor after the
officer's probationary period, except as provided in this section.
Subject to IC 3-5-9, an officer may:
(1) be a candidate for elective office and serve in that office if
elected;
(2) be appointed to an office and serve in that office if appointed;
and
(3) except when in uniform or on duty, solicit votes or campaign
funds for the officer or others.
(d) The board has subpoena powers enforceable by the circuit court
for hearings under this section. An officer on probation may be
dismissed by the sheriff without a right to a hearing.
(e) An appeal under subsection (a) must be taken by filing in court,
within thirty (30) days after the date the decision is rendered, a verified
complaint stating in a concise manner the general nature of the charges
against the officer, the decision of the board, and a demand for the
relief asserted by the officer. A bond must also be filed that guarantees
the appeal will be prosecuted to a final determination and that the
plaintiff will pay all costs only if the court finds that the board's
decision should be affirmed. The bond must be approved as bonds for
costs are approved in other cases. The county must be named as the
sole defendant and the plaintiff shall have a summons issued as in other
cases against the county. Neither the board nor the members of it may
be made parties defendant to the complaint, but all are bound by
service upon the county and the judgment rendered by the court.
(f) All appeals shall be tried by the court. The appeal shall be heard
de novo only upon any new issues related to the charges upon which
the decision of the board was made. Within ten (10) days after the
service of summons, the board shall file in court a complete written
transcript of all papers, entries, and other parts of the record relating to
the particular case. Inspection of these documents by the person
affected, or by the person's agent, must be permitted by the board
before the appeal is filed, if requested. The court shall review the
record and decision of the board on appeal.
(g) The court shall make specific findings and state the conclusions
of law upon which its decision is made. If the court finds that the
decision of the board appealed from should in all things be affirmed,
its judgment should so state. If the court finds that the decision of the
board appealed from should not be affirmed in all things, then the court
shall make a general finding, setting out sufficient facts to show the
nature of the proceeding and the court's decision on it. The court shall
either:
(1) reverse the decision of the board; or
(2) order the decision of the board to be modified.
(h) The final judgment of the court may be appealed by either party.
Upon the final disposition of the appeal by the courts, the clerk shall
certify and file a copy of the final judgment of the court to the board,
which shall conform its decisions and records to the order and
judgment of the court. If the decision is reversed or modified, then the
board shall pay to the party entitled to it any salary or wages withheld
from the party pending the appeal and to which the party is entitled
under the judgment of the court.
(i) Either party shall be allowed a change of venue from the court or
a change of judge in the same manner as such changes are allowed in
civil cases. The rules of trial procedure govern in all matters of
procedure upon the appeal that are not otherwise provided for by this
section.
(j) An appeal takes precedence over other pending litigation and
shall be tried and determined by the court as soon as practical.
SOURCE: IC 36-9-13-35; (10)MO103004.74. -->
SECTION 74. IC 36-9-13-35, AS AMENDED BY P.L.146-2008,
SECTION 790, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 35. (a) In a county not having a
consolidated city, the annual operating budget of a building authority
is subject to review by the county board of tax adjustment and then by
the department of local government finance as in the case of other
political subdivisions.
(b) In a county having a consolidated city, the annual operating
budget of a building authority is subject to review and approval by
the city-county legislative body as provided by IC 36-3-6-9.
SOURCE: IC 3-8-2-2.2; IC 3-11-18-2; IC 3-11-18-18;
IC 3-11-18-19; IC 3-11-18-20; IC 20-23-4-29; IC 20-23-7-8; IC 20-
23-13-2.".
; (10)MO103004.75. -->
SECTION 75. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2010]: IC 3-8-2-2.2; IC 3-11-18-2; IC 3-11-18-18;
IC 3-11-18-19; IC 3-11-18-20; IC 20-23-4-29; IC 20-23-7-8;
IC 20-23-13-2.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1030 as printed February 12, 2010.)
________________________________________
Senator LAWSON C