SB 303-1_ Filed 02/17/2011, 09:14

COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Local Government, to which was referred Senate Bill No. 303, 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 10, line 24; (11)CR030301.10. -->     Page 10, line 24, after "qualified." insert " An individual is not eligible to serve as chief executive officer more than eight (8) years in any period of twelve (12) years.".
    Page 24, delete lines 16 through 37, begin a new paragraph and insert:
SOURCE: IC 36-3-1-5; (11)CR030301.19. -->     "SECTION 19. IC 36-3-1-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) When a first class city becomes a consolidated city, the officers who become the executive and legislative body of the consolidated city under section 4(c) of this chapter also become the executive and legislative body of the county.
    (b) The members of the board of commissioners of the county are entitled to remain in office until their terms expire, although the board is no longer the executive of the county. As their terms expire or their positions become vacant, they shall be replaced by the following officers in the following order:
        (1) The county treasurer.
        (2) The county auditor.
        (3) The county assessor.
These three (3) officers then serve ex officio as commissioners under

IC 36-3-3-10.

SOURCE: IC 36-3-3-9; (11)CR030301.20. -->     SECTION 20. IC 36-3-3-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. The executive shall perform the duties and exercise the powers prescribed for the board of commissioners of the county by statutes, other than this title, except for the following:
        (1) duties and powers vested in the city-county legislative body by IC 36-3-4.
        (2) Duties and powers retained by the board of commissioners of the county under section 10 of this chapter.
SOURCE: IC 36-3-5-2.8; (11)CR030301.21. -->     SECTION 21. IC 36-3-5-2.8, AS ADDED BY P.L.227-2005, SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.8. (a) Except as provided in subsections (b) and (c), the controller:
        (1) has all the powers; and
        (2) performs all the duties;
of the county auditor under law.
    (b) The controller:
        (1) does not have the powers; and
        (2) may not perform the duties;
of the county auditor under IC 36-2-9.5 and IC 36-3-6. or as a member of the board of commissioners of the county under IC.36-3-3-10.
    (c) Notwithstanding subsection (a) or any other law, the executive, with the approval of the legislative body, may allocate the duties of the county auditor, except the duties referred to in subsection (b), among:
        (1) the controller;
        (2) the county assessor;
        (3) the county auditor; or
        (4) other appropriate city or county officials.".
SOURCE: Page 25, line 6; (11)CR030301.25. -->     Page 25, between lines 6 and 7, begin a new paragraph and insert:

SOURCE: IC 36-3-3-10; (11)CR030301.25. -->     "SECTION 25. IC 36-3-3-10 IS REPEALED [EFFECTIVE JULY 1, 2011].".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 303 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 6, Nays 3.

____________________________________

    Lawson C
Chairperson


CR030301/DI 87    2011