SB 193-1_ Filed 02/16/2012, 11:48

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Adopted Rejected

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                                                        YES:

8

                                                        NO:

0

MR. SPEAKER:
    Your Committee on       Elections and Apportionment     , to which was referred       Senate Bill 193     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 4, line 8; (12)AM019301.4. -->     Page 4, after line 8, begin a new paragraph and insert:

SOURCE: IC 36-2-2-5; (12)AM019301.4. -->     "SECTION 4. IC 36-2-2-5, AS AMENDED BY P.L.225-2011, SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) To be eligible for election to the executive, a person must meet the qualifications prescribed by IC 3-8-1-21.
    (b) A member of the executive must reside within:
        (1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and
        (2) the district from which the member was elected.
    (c) Except as provided in subsection (e), If the person does not remain a resident of the county and district after taking office, the person forfeits the office. The county fiscal body shall declare the office vacant whenever a member of the executive forfeits office under

this subsection.
    (d) In 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);
one (1) member of the executive shall be elected by the voters of each of the three (3) single-member districts established under section 4(b) or 4(c) of this chapter. In other counties, all three (3) members of the executive shall be elected by the voters of the whole county.
    (e) This subsection applies to a member of the executive who must reside within the district from which the member was elected. A person who:
        (1) has begun a term of office as a member of the executive; and
        (2) is relocated outside the member's district as the result of the state's acquisition of the member's residence for a public use;
may complete the member's term of office as long as the member remains a resident of the county that contains the member's district.

SOURCE: IC 36-2-3-5; (12)AM019301.5. -->     SECTION 5. IC 36-2-3-5, AS AMENDED BY P.L.225-2011, SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) To be eligible to serve as a member of the fiscal body, a person must meet the qualifications prescribed by IC 3-8-1-22.
    (b) A member of the fiscal body must reside within:
        (1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and
        (2) the district from which the member was elected, if applicable.
    (c) Except as provided in subsection (d), A member who fails to comply with subsection (b) forfeits the office.
    (d) This subsection applies to a member of the fiscal body who must reside within the district from which the member was elected. A person who:
        (1) has begun a term of office as a member of the fiscal body; and
        (2) is relocated outside the member's district as the result of the state's acquisition of the member's residence for a public use;

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may complete the member's term of office as long as the member remains a resident of the county that contains the member's district.

SOURCE: ; (12)AM019301.6. -->     SECTION 6. An emergency is declared for this act.".
    (Reference is to SB 193 as reprinted January 18, 2012.)

and when so amended that said bill do pass.

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