that Engrossed House Bill 1030 be amended to read as follows:
Page 6, between lines 1 and 2, begin a new paragraph and insert:
"SECTION 5. IC 36-4-6-5, AS AMENDED BY P.L.230-2005, SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) This section applies to third class cities having a population of less than ten thousand (10,000). The legislative body of such a city may, by ordinance adopted
before September 1,
1982, after June 30, 2010, and during a year in which an election
of the legislative body will not occur, decide to be governed by this
section instead of section 4 of this chapter. If this ordinance is repealed
after August 31, 1982, except as a part of a codification of ordinances
that reenacts the ordinance under IC 36-1-5-6, then section 4 of this
chapter again applies to the city. The legislative body districts
created by an ordinance adopted under this subsection apply to the
first election of the legislative body held after the date the
ordinance is adopted. The clerk of the legislative body shall send a
certified copy of any ordinance adopted under this subsection to the
secretary of the county election board.
(b) This subsection does not apply to a city with an ordinance described by subsection (j). The legislative body shall adopt an ordinance to divide the city into four (4) districts that:
(1) are composed of contiguous territory, except for territory that is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines except as provided in subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross a precinct boundary line if:
(1) more than one (1) member of the legislative body elected from the districts established under subsection (b) or (j) resides in one (1) precinct established under IC 3-11-1.5 after the most recent municipal election; and
which the voter resides. The two (2) at-large candidates receiving the
most votes from the whole city and the district candidates receiving the
most votes from their respective districts are elected to the legislative
(m) This subsection applies to a city having a population of less than seven thousand (7,000). A legislative body of such a city that has, by resolution adopted before May 7, 1991, decided to continue an election process that permits each voter of the city to vote for one (1) candidate at large and one (1) candidate from each of its four (4) council districts may hold elections using that voting arrangement. The at-large candidate and the candidate from each district receiving the most votes from the whole city are elected to the legislative body. The districts established in cities adopting such a resolution may cross precinct boundary lines.
(n) A copy of the ordinance establishing districts under this section must be filed with the circuit court clerk of the county that contains the greatest population of the city not later than thirty (30) days after the ordinance is adopted.
(o) If any territory in the city is not included in one (1) of the districts established under this section, the territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that territory.
(p) If any territory in the city is included in more than one (1) of the districts established under this section, the territory is included in the district that:
(1) is one (1) of the districts in which the territory is described in the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that territory.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1030 as printed February 12, 2010.)