Reprinted

January 20, 2010





SENATE BILL No. 57

_____


DIGEST OF SB 57 (Updated January 19, 2010 2:48 pm - DI 87)



Citations Affected: IC 36-7.

Synopsis: Local public question on county zoning. Allows a county legislative body to adopt a resolution to place a local public question on the ballot concerning whether the county should adopt a comprehensive plan, a zoning ordinance, or both. Provides that the results of the local public question are not binding on the county legislative body. Provides that only a registered voter who resides in an unincorporated area of the county may vote on the local public question.

Effective: July 1, 2010.





Steele




    January 5, 2010, read first time and referred to Committee on Local Government.
    January 14, 2010, reported favorably _ Do Pass.
    January 19, 2010, read second time, amended, ordered engrossed.





Reprinted

January 20, 2010

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 57



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-7-4-201.2; (10)SB0057.2.1. -->     SECTION 1. IC 36-7-4-201.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 201.2. (a) This section applies only to a county that has not adopted a comprehensive plan, zoning ordinance, or both.
    (b) The legislative body of a county may adopt a resolution to place a nonbinding local public question on the ballot concerning whether the county should adopt a comprehensive plan, a zoning ordinance, or both.
A county is not required to have a proposed comprehensive plan or zoning ordinance in order to have the electorate decide a public question under this section. The legislative body shall specify in the resolution whether one (1) or both of the following questions shall be placed on the ballot:
        "Shall the (insert name of the county) adopt a comprehensive plan?"
        "Shall the (insert name of the county) adopt a zoning ordinance?"
    (c) The county election board shall place the questions specified by the legislative body in the resolution on the ballot in accordance with IC 3-10-9 during the next general or primary election for which the question may be certified under IC 3-10-9-3. The circuit court clerk of a county holding an election under this section shall certify the results of the voting on the local public question to the legislative body of the county.
    (d)
Only a registered voter who resides in an unincorporated area of the county may vote on the public question.
    (e) If a majority of the votes cast on the local public question are not in favor of a question, this section does not prohibit the legislative body from adopting a comprehensive plan, a zoning ordinance, or both. If a majority of the votes cast on the local public question in an election under this section is in favor of a question, this section does not require the legislative body to adopt a comprehensive plan, a zoning ordinance, or both.