SB 110-6_ Filed 01/30/2012, 08:58 Holdman

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 110 be amended to read as follows:

SOURCE: Page 7, line 25; (12)MO011010.7. -->     Page 7, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 16-22-2-11; (12)MO011010.7. -->     "SECTION 7. IC 16-22-2-11, AS AMENDED BY P.L.80-2011, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) Except as provided in section 12 or 14 of this chapter, whenever a vacancy occurs on the governing board, the existing governing board shall submit a list of the following:
        (1) At least one (1) but not more than three (3) candidates for each vacancy to be filled to the appointing authority.
        (2) Qualifications for assessment of a candidate for each vacancy.
    (b) For each vacancy, the appointing authority may do one (1) of the following:
        (1) Appoint one (1) of the candidates submitted by the governing board.
        (2) Request and receive from the governing board a second list of at least one (1) but not more than three (3) candidates.
        (3) Appoint an individual who meets the requirements concerning board members and who was not named in the initial list submitted by the governing board.
The appointing authority shall consider the list of qualifications submitted by the governing board under subsection (a)(2) when making an appointment.
    (c) If the appointing authority requests and receives a second list of candidates under subsection (b)(2), the appointing authority may do one (1) of the following:
        (1) Appoint one (1) candidate named in the second list.
        (2) Appoint an individual who meets the requirements concerning board members and who was not named in the second list of candidates submitted by the governing board.
    (d) The appointment for a vacancy shall be made not more than sixty (60) days after submission of the initial list of candidates under

subsection (a).
    (e) If the vacancy occurred due to the expiration of a member's term and the vacancy is not filled within sixty (60) days of the expiration date, the member whose term expired is automatically reappointed for another term.
    (f) Each candidate submitted by the governing board must meet the requirements concerning governing board members.

SOURCE: IC 16-22-2-12; (12)MO011010.8. -->     SECTION 8. IC 16-22-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) This section applies to governing boards of a county hospital in a county having a population of more than:
        (1) eighteen seventeen thousand (18,000) three hundred fifty (17,350) but less than eighteen thousand three hundred (18,300); (18,000);
        (2) twenty-seven twenty-six thousand four hundred (27,400) (26,000) but less than twenty-seven twenty-six thousand five hundred (27,500); (26,500); and
        (3) forty-one forty-two thousand (41,000) three hundred (42,300) but less than forty-three thousand (43,000).
    (b) The appointing authority shall appoint a member to fill a vacancy on the governing board within sixty (60) days after the vacancy occurs.
     (c) Notwithstanding subsections (a) and (b), the county executive's appointments to the governing body of a county hospital located in a county described in subsection (a)(1) shall be made under section 14 of this chapter if a single county commissioner holds office as the executive of the county under IC 36-2-2.5.
SOURCE: IC 16-22-2-14; (12)MO011010.9. -->     SECTION 9. IC 16-22-2-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) This section applies to the governing board of a county hospital established and operated under this chapter in a county in which a single county commissioner holds office under IC 36-2-2.5 as the county executive.
    (b) This section governs only appointments to the governing board of a county hospital that are made by the county executive as appointing authority under this chapter. This section does not affect appointments to the governing board of a county hospital that are to be made by:
        (1) an appointing authority under this chapter other than the county executive; or
        (2) an appointing board under section 8 of this chapter.
    (c) This section does not apply to appointments made to increase the size of a governing board under section 7 of this chapter.
    (d) Except as provided in subsection (g), whenever a vacancy to be filled by the county executive occurs on the governing board, the

existing governing board shall submit to the county executive the following:
        (1) A list of three (3) candidates to fill the vacancy.
        (2) A list of qualifications for assessment of the three (3) candidates for the vacancy.
    (e) The county executive shall appoint one (1) of the candidates submitted by the governing board. The county executive shall consider the list of qualifications submitted by the governing board under subsection (d)(2) when making the appointment.
    (f) The appointment for a vacancy shall be made not more than sixty (60) days after submission of the list of candidates under subsection (d).
    (g) If the vacancy is due to the expiration of a member's term and the existing governing board determines to seek the reappointment of the member to the governing board, the existing governing board shall submit the member's name to the county executive for reappointment. Upon receiving the governing board's submission, the county executive shall reappoint the member for another term. If the county executive does not reappoint the member within sixty (60) days after the executive's receipt of the governing board's submission, the member whose term expired is automatically reappointed for another term.

SOURCE: IC 16-22-2-15; (12)MO011010.10. -->     SECTION 10. IC 16-22-2-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) This section applies to the governing board of a county hospital established and operated under this chapter in a county:
        (1) in which a single county commissioner holds office under IC 36-2-2.5 as the county executive; and
        (2) the county executive has membership on the governing board under section 3, 3.1, 4, or 5 of this chapter.
    (b) Following the decrease in the number of county commissioners from three (3) to one (1) upon the assumption of office by the initial single county commissioner under IC 36-2-2.5, the three (3) memberships on the hospital's governing board previously held by the three (3) county commissioners in their capacity as county executive shall be filled as follows:
        (1) The initial single county commissioner, and each subsequent single county commissioner under IC 36-2-2.5, shall serve as a member of the county hospital's governing board in the commissioner's capacity as county executive.
        (2) The two (2) remaining memberships shall be filled using the procedure for filling governing board vacancies set forth in section 14(d) of this chapter. After the initial appointment of these two (2) members, any vacancy in these memberships will be filled under section 14(d) of this chapter or section 14(g) of this chapter, as appropriate.
".
SOURCE: Page 11, line 29; (12)MO011010.11. -->     Page 11, delete lines 29 through 41, begin a new paragraph and insert:
    " (c) If an ordinance is adopted under this section:
        (1) the county auditor shall certify the adoption of the ordinance to the county election board under IC 3-10-9; and
        (2) a public question shall be held in the county on whether the executive and legislative structure and functions of the county should be reorganized under IC 36-2-2.5.
The public question shall be placed on the ballot in accordance with IC 3-10-9.
".
    Page 11, line 42, delete "2(e)" and insert " 2(c)".
    Page 12, line 21, after "which" delete ":" and insert " a local public question under IC 36-2-2.4 making the county executive a single county commissioner has been approved by the voters of the county.".
    Page 12, delete lines 22 through 28.
    Page 12, line 34, delete "ordinance or".
    Page 12, line 35, delete "or IC 36-2-2.6".
    Page 12, line 38, delete "ordinance or".
    Page 12, line 38, after "IC 36-2-2.4" delete "or".
    Page 12, line 39, delete "IC 36-2-2.6".
    Page 14, between lines 29 and 30, begin a new paragraph and insert:
    " (e) Appointments to and the membership of a governing board of a county hospital established and operated under IC 16-22-2 in a county in which a single county commissioner holds office as the executive of the county are governed by IC 16-22-2-14 and IC 16-22-2-15.".
    Page 19, delete lines 32 through 42.
    Page 20, delete lines 1 through 29.
    Page 21, delete lines 21 through 42, begin a new paragraph and insert:
    " (c) If an ordinance is adopted under this section:
        (1) the county auditor shall certify the adoption of the ordinance to the county election board under IC 3-10-9; and
        (2) a public question shall be held in the county under section 5 of this chapter on whether the executive and legislative structure and functions of the county should be reorganized under section 6 of this chapter.
".
    Page 22, delete lines 1 through 15.
    Page 22, line 16, delete "6." and insert " 5.".
    Page 22, line 16, delete "4(d)" and insert " 4".
    Page 22, line 17, delete "or a sufficient petition is certified under section 5(b) of this" and insert " ,".
    Page 22, line 18, delete "chapter,".
    Page 22, line 32, delete "7" and insert " 6".
    Page 22, line 34, delete "7." and insert " 6.".
    Page 22, line 34, delete "an ordinance is adopted by a".
    Page 22, delete line 35.
    Page 22, line 36, delete "described in section 4(c) of this chapter or if".
    Page 22, line 38, delete "6" and insert " 5".
    Page 23, line 20, delete "ordinance or".
    Page 23, line 24, delete "ordinance or".
    Page 23, line 27, delete "ordinance or".
    Page 23, line 31, delete "ordinance or".
    Page 24, line 34, delete "ordinance or".
    Page 24, line 41, delete "ordinance or".
    Page 26, line 21, after "which" delete ":".
    Page 26, delete lines 22 through 25.
    Page 26, line 26, delete "(B)".
    Page 26, run in lines 21 through 26.
    Page 26, line 26, delete "or IC 36-2-2.6".
    Page 26, line 35, delete "ordinance".
    Page 26, line 36, before "local" delete "or".
    Page 26, line 36, delete "or IC 36-2-2.6".
    Page 27, line 15, delete "ordinance or".
    Page 27, line 15, after "IC 36-2-2.4" delete "or".
    Page 27, line 16, delete "IC 36-2-2.6".
    Page 28, line 22, after "which" delete ":".
    Page 28, delete lines 23 through 26.
    Page 28, line 27, delete "(B)".
    Page 28, run in lines 22 through 27.
    Page 28, line 27, delete "or IC 36-2-2.6".
    Page 29, line 13, delete "ordinance or".
    Page 29, line 14, delete "or IC 36-2-2.6".
    Page 29, line 16, delete "ordinance or".
    Page 29, line 17, delete "or IC 36-2-2.6".
    Page 33, delete lines 14 through 42, begin a new paragraph and insert:
SOURCE: IC 36-9-27-5; (12)MO011010.28. -->     "SECTION 28. IC 36-9-27-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Except in a county having a consolidated city or as provided in subsection (d), the drainage board consists of either:
        (1) the county executive; or
        (2) three (3) or five (5) persons, at least one (1) of whom must be a member of the executive, appointed by the executive;
at the option of the executive. Appointees under subdivision (2) must be resident freeholders of the county who are knowledgeable in drainage matters. Freeholders appointed to the board serve for terms of three (3) years, with their initial appointments made so as to provide for staggering of terms on an annual basis. In addition, the county surveyor serves on the board as an ex officio, nonvoting member.
    (b) In a county having a consolidated city, the board of public works of the consolidated city comprises the drainage board, subject to IC 36-3-4-23.
    (c) In a county having a consolidated city, the department of public works of the consolidated city has all the powers, duties, and responsibilities of the county surveyor under this chapter, subject to IC 36-3-4-23.
     (d) The following apply in a county that is subject to IC 36-2-2.5:
         (1) The drainage board consists of:
            (A) the single county commissioner; and
            (B) two (2) or four (4) persons (as determined by the county council) who are appointed by the county council. A member appointed under this clause may be a member of the county council.
        (2) Appointees under subdivision (1)(B) must be resident freeholders of the county who are knowledgeable in drainage matters.
        (3) The freeholders appointed to the drainage board serve for terms of three (3) years, with the freeholders' initial appointments made so as to provide for staggering of terms on an annual basis.
        (4) The county surveyor serves on the drainage board as an ex officio, nonvoting member.
        (5) The terms of members serving on the drainage board at the time the first single county commissioner is elected under IC 36-2-2.5 expire on January 1 of the year following that election, and the county council shall make the appointments to the board as provided in this subsection.
".
SOURCE: Page 34, line 1; (12)MO011010.34. -->     Page 34, delete lines 1 through 8.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 110 as reprinted January 20, 2012.)

________________________________________

Senator HOLDMAN


MO011010/DI 73
2012