HB 1030-1_ Filed 02/11/2010, 09:18

COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Local Government, to which was referred House Bill No. 1030, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 3, line 13; (10)CR103001.3. -->     Page 3, line 13, after "resolution." insert " In the case of a plan of reorganization submitted to a political subdivision by a reorganization committee after June 30, 2010, the political subdivision shall post a copy of the plan of reorganization on an Internet web site maintained or authorized by the political subdivision not more than thirty (30) days after receiving the plan of reorganization from the reorganization committee.".
    Page 3, line 15, delete "and in any other material the reorganization" and insert " submitted to a political subdivision after June 30, 2010,".
    Page 3, line 16, delete "committee provides to the public".
    Page 3, between lines 23 and 24, begin a new paragraph and insert:
SOURCE: IC 36-1.5-4-27; (10)CR103001.2. -->     "SECTION 2. IC 36-1.5-4-27, AS ADDED BY P.L.186-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 27. After the county recorder of each county in which reorganizing political subdivisions are located has notified the county election board that a public question on a plan of reorganization is eligible to be placed on the ballot, the county election board shall place the public question on the ballot in accordance with IC 3-10-9 on the first regularly scheduled general election or municipal election (excluding any primary elections) that will occur in all of the

precincts of the reorganizing political subdivisions at least sixty (60) days after the required notices are received.

SOURCE: IC 36-1.5-4-36; (10)CR103001.3. -->     SECTION 3. IC 36-1.5-4-36, AS ADDED BY P.L.186-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 36. (a) This section applies if section 5 of this chapter requires an election for a reorganization to become effective.
    (b) At the next:
        (1) general election, if:
             (A) the reorganized political subdivision is not a municipality or a school corporation; or
             (B) the reorganized political subdivision results from a reorganization including a county and at least one (1) municipality;
        (2) municipal election, if the reorganized political subdivision is a municipality; or
        (3) primary or general election, as specified in an election plan adopted in substantially identical resolutions by the legislative body of each of the participating political subdivisions if the reorganized political subdivision is a school corporation;
after the voters approve a reorganization, one (1) set of officers for the reorganized political subdivision having the combined population of the reorganizing political subdivisions shall be elected by the voters in the territory of the reorganized political subdivision as prescribed by statute.
    (c) In the election described in subsection (b):
        (1) one (1) member of the legislative body of the reorganized political subdivision shall be elected from each election district established by the reorganizing political subdivisions in substantially identical resolutions adopted by the legislative body of each of the reorganizing political subdivisions; and
        (2) the total number of at large members shall be elected as prescribed by statute for the reorganized political subdivision.
    (d) If appointed officers are required in the reorganized political subdivision, one (1) set of appointed officers shall be appointed for the reorganized political subdivision. The appointments shall be made as required by statute for the reorganized political subdivision. Any statute requiring an appointed officer to reside in the political subdivision where the appointed officer resides shall be treated as

permitting the appointed officer to reside in any part of the territory of the reorganized political subdivision.

SOURCE: IC 36-2-1.5; (10)CR103001.4. -->     SECTION 4. IC 36-2-1.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 1.5. Reorganization Fiscal Analysis Statement
     Sec. 1. This chapter applies only if a statute is enacted by the general assembly that allows a county to reorganize the county executive body, county legislative body, or county fiscal body by a means other than a reorganization under IC 36-1.5.
     Sec. 2. As used in this chapter, "governing body" means a county executive body, county fiscal body, or county legislative body.
     Sec. 3. If a plan of reorganization is prepared in a reorganization subject to this chapter, the plan must include a statement of:
        (1) whether a fiscal impact analysis concerning the proposed reorganization has been prepared or has not been prepared by or on behalf of the county; and
        (2) whether a fiscal impact analysis concerning the proposed reorganization has been made available or has not been made available to the public by or on behalf of the county.
    Sec. 4. (a) This section applies if:
        (1) a plan of reorganization is not prepared in a reorganization subject to this chapter; and
        (2) a governing body or governing bodies are required by statute to approve the reorganization by a vote of the governing body or governing bodies.
    (b) Notice of each meeting at which a vote is taken by a governing body or governing bodies shall be published in accordance with IC 5-3-1 at least ten (10) days before the meeting. The notice must include the statement described in section 3 of this chapter.
    Sec. 5. (a) This section applies if:
        (1) a plan of reorganization is not prepared in a reorganization subject to this chapter; and
        (2) a local public question is required to allow voters to approve or disapprove a reorganization of the county

executive body, county legislative body, or county fiscal body.
    (b) The county clerk shall publish a notice in accordance with IC 5-3-1 at least ten (10) days before the election in which the local public question is on the ballot. The notice must include the statement described in section 3 of this chapter.
    Sec. 6. If a plan of reorganization is not prepared in a reorganization and:
        (1) approval of a governing body or governing bodies is required as described in section 4 of this chapter; and
        (2) a local public question is required as described in section 5 of this chapter;
notice shall be published in accordance with both section 4 and section 5 of this chapter.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1030 as printed January 12, 2010.)

and when so amended that said bill do pass.

Committee Vote: Yeas 9, Nays 0.

____________________________________

    Lawson C
Chairperson


CR103001/DI 87    2010