SB 241-1_ Filed 01/25/2010, 10:32 Lawson C
Adopted 1/28/2010

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 241 be amended to read as follows:

SOURCE: Page 6, line 28; (10)MO024103.6. -->     Page 6, line 28, after "body" insert " or fiscal body".
    Page 82, delete lines 39 through 42, begin a new paragraph and insert:
SOURCE: IC 36-1-20; (10)MO024103.150. -->     "SECTION 150. 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.".
    Delete page 83.
    Page 84, delete line 1.
SOURCE: Page 84, line 1.
    Page; (10)MO024103.84. -->     Page 86, line 34, delete "The" and insert " Subject to section 2.5 of this chapter, the".
    Page 86, between lines 39 and 40, begin a new paragraph and insert:
    " Sec. 2.5. Notwithstanding any other law, to be adopted under section 2 of this chapter, an ordinance must be approved by the following vote of the county legislative body:
        (1) By a unanimous vote of all the elected members of the county legislative body, in the case of a county legislative body with not more than three (3) members.
        (2) By a vote of at least two-thirds (2/3) of all the elected members of the county legislative body,
in the case of a county legislative body with more than three (3) members.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 241 as printed January 22, 2010.)

________________________________________

Senator LAWSON C


MO024103/DI 73
2010