Reprinted

February 3, 2010





SENATE BILL No. 241

_____


DIGEST OF SB 241 (Updated February 2, 2010 3:27 pm - DI 73)



Citations Affected: IC 3-5; IC 3-8; IC 3-10; IC 3-11; IC 6-1.1; IC 13-11; IC 20-23; IC 20-25; IC 33-33; IC 33-34; IC 36-1; IC 36-2; IC 36-3; IC 36-4; IC 36-5; IC 36-8; IC 36-9.

Synopsis: Local government issues. Provides that in counties other than Marion County, the county executive may adopt an ordinance providing that the voters of the county shall elect a single county chief executive officer to serve as the county executive and a county council that has the legislative and fiscal powers and duties of the county. Provides that such an ordinance to change the structure of county government may be adopted only during an odd-numbered year or before July 1 of an even-numbered year. Specifies that an ordinance providing for a single elected county executive officer must be approved by: (1) a unanimous vote of all the elected members of the county executive, in the case of a county executive with not more than three members; or (2) a vote of at least two-thirds of all the elected members of the county executive, in the case of a county executive with more than three members. Provides that in a county with a single county chief executive officer: (1) the initial county chief executive officer is elected in the second general election after the ordinance to change the structure of county government is approved; (2) the board of county commissioners is abolished; and (3) the membership of the county council continues under existing law. Places city offices on the primary and general election ballots before (rather than after) township
(Continued next page)


Effective: Upon passage; July 1, 2010; January 1, 2011.





Lawson C , Wyss, Sipes, Alting




    January 11, 2010, read first time and referred to Committee on Elections.
    January 21, 2010, reported favorably _ Do Pass.
    January 28, 2010, read second time, amended, ordered engrossed.
    January 29, 2010, engrossed.
    February 2, 2010, recommitted to Committee of One. Read third time, passed. Yeas 28, nays 22.





Digest Continued

offices. Provides that an employee of a political subdivision is considered to have resigned from employment with the political subdivision if the employee assumes the elected executive office of the political subdivision or becomes an elected member of the political subdivision's legislative or fiscal body. Specifies that the restriction applies to an employee of a political subdivision who assumes an elected office after June 30, 2010, but provides that the restriction does not apply to an employee of a political subdivision who holds elective office on June 30, 2010, as long as the individual continues to hold or be reelected to that office. Provides that the restriction does not prohibit an employee of a political subdivision from holding an elected office of a political subdivision other than the political subdivision that employs the government employee. Prohibits a relative of an officer or employee of a political subdivision from being employed by the political subdivision in a position that would put the relative in a direct supervisory or subordinate relationship with the officer or employee. Specifies that an employee of a political subdivision is not required by these provisions to be terminated or reassigned from any position held by that individual before July 1, 2010, but provides that this grandfathering provision expires January 1, 2015. Provides that a political subdivision may not enter into or renew certain contracts. Provides for the adjustment of maximum property tax levies after the consolidation of fire departments in Marion County. Provides that the property tax levy limits do not apply to property taxes imposed by the consolidated city to pay indebtedness assumed or paid under a consolidation of fire departments in Marion County. Specifies that not more than four years after the consolidation of a fire department in Marion County, the consolidated city may levy a tax above the tax rate set for the consolidated fire department in the township as necessary to phase out that township's borrowing for fire and emergency services and any other emergency or temporary loans by the township for fire and emergency services. Requires constables and deputy constables to file an annual statement of economic interests with the commission on judicial qualifications. Provides that a building authority in Marion County must submit its operating and maintenance budget and tax levy to the city-county council for approval. Establishes the use of vote centers as an option for all counties. Requires the county election board (board) to adopt an order designating a county a vote center county, adopt a plan to administer the vote centers, and file the order and the plan with the election division. Requires the board to accept and consider public comment before adopting an order designating the county as a vote center county. Provides that designation of a county as a vote center county remains in effect until the board rescinds the order designating the county as a vote center county and files a copy of the rescission with the election division. Provides that an electronic poll list must be programmed so that access to the list requires the coordinated action of two precinct election officials who are not members of the same political party. Allows an electronic poll list used at a vote center to include an electronic image of the voter's signature, if available. Authorizes a precinct election board administering an election at a vote center to report the vote totals by precinct on election night. Redesignates automatically as a vote center county a county previously designated a vote center pilot county. Provides that school board members selected by election must be elected at general elections beginning in 2010. Repeals the expiration date of the vote center program and provisions that: (1) require the secretary of state's approval of the vote center designation; and (2) allow the secretary of state to revoke the vote center designation. Repeals other obsolete and superseded statutes.



Reprinted

February 3, 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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

SENATE BILL No. 241



    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 3-5-2-1.7; (10)SB0241.3.1. -->     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)SB0241.3.2. -->     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)SB0241.3.3. -->     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)SB0241.3.4. -->     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)SB0241.3.5. -->     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)SB0241.3.6. -->     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)SB0241.3.7. -->     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)SB0241.3.8. -->     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)SB0241.3.9. -->     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)SB0241.3.10. -->     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)SB0241.3.11. -->     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)SB0241.3.12. -->     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)SB0241.3.13. -->     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)SB0241.3.14. -->     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 13-11-2-74; (10)SB0241.3.15. -->     SECTION 15. 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 3-11-8-10.3; (10)SB0241.3.16. -->     SECTION 16. 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)SB0241.3.17. -->     SECTION 17. 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)SB0241.3.18. -->     SECTION 18. 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)SB0241.3.19. -->     SECTION 19. 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)SB0241.3.20. -->     SECTION 20. 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)SB0241.3.21. -->     SECTION 21. 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)SB0241.3.22. -->     SECTION 22. 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)SB0241.3.23. -->     SECTION 23. 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)SB0241.3.24. -->     SECTION 24. 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)SB0241.3.25. -->     SECTION 25. 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)SB0241.3.26. -->     SECTION 26. 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)SB0241.3.27. -->     SECTION 27. 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)SB0241.3.28. -->     SECTION 28. 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)SB0241.3.29. -->     SECTION 29. 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)SB0241.3.30. -->     SECTION 30. 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 20-23-4-12; (10)SB0241.3.31. -->     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)SB0241.3.32. -->     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)SB0241.3.33. -->     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)SB0241.3.34. -->     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)SB0241.3.35. -->     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)SB0241.3.36. -->     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)SB0241.3.37. -->     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)SB0241.3.38. -->     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)SB0241.3.39. -->     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)SB0241.3.40. -->     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)SB0241.3.41. -->     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)SB0241.3.42. -->     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)SB0241.3.43. -->     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)SB0241.3.44. -->     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 the 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)SB0241.3.45. -->     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)SB0241.3.46. -->     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)SB0241.3.47. -->     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)SB0241.3.48. -->     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)SB0241.3.49. -->     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)SB0241.3.50. -->     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)SB0241.3.51. -->     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)SB0241.3.52. -->     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)SB0241.3.53. -->     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)SB0241.3.54. -->     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)SB0241.3.55. -->     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)SB0241.3.56. -->     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: IC 36-2-2-1; (10)SB0241.3.57. -->     SECTION 57. 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)SB0241.3.58. -->     SECTION 58. 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)SB0241.3.59. -->     SECTION 59. 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 the following vote of the county executive:
        (1) By a unanimous vote of all the elected members of the county executive, in the case of a county executive 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 executive,
in the case of a county executive with more than three (3) members.
     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)SB0241.3.60. -->     SECTION 60. 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 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 36-2-3-4; (10)SB0241.3.61. -->     SECTION 61. 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)SB0241.3.62. -->     SECTION 62. 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)SB0241.3.63. -->     SECTION 63. 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)SB0241.3.64. -->     SECTION 64. 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 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)SB0241.3.65. -->     SECTION 65. 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)SB0241.3.66. -->     SECTION 66. 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)SB0241.3.67. -->     SECTION 67. 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)SB0241.3.68. -->     SECTION 68. 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)SB0241.3.69. -->     SECTION 69. 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)SB0241.3.70. -->     SECTION 70. 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)SB0241.3.71. -->     SECTION 71. 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)SB0241.3.72. -->     SECTION 72. 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)SB0241.3.73. -->     SECTION 73. 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)SB0241.3.74. -->     SECTION 74. 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.
SOURCE: ; (10)SB0241.3.75. -->     SECTION 75. An emergency is declared for this act.