SB 621-1_ Filed 04/04/2013, 07:15 Bartlett


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 621 be amended to read as follows:

SOURCE: Page 1, line 1; (13)MO062106.1. -->     Page 1, delete lines 1 through 9, begin a new paragraph and insert:
SOURCE: IC 3-8-1-24; (13)MO062106.1. -->     "SECTION 1. IC 3-8-1-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 24. A candidate for the office of mayor of a first class city must have resided in the city:
         (1) after December 31, 2016, for at least one (1) year, if at least a majority of the voters vote "yes" on a public question under IC 36-3-8-3(1); or
        (2) for at least
five (5) years;
before the date of taking office.
SOURCE: IC 3-8-1-25; (13)MO062106.2. -->     SECTION 2. IC 3-8-1-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 25. A candidate for membership on the city-county council of a first class city must have resided in the district in which seeking election, if applicable:
         (1) after December 31, 2016, for at least one (1) year, if at least a majority of the voters of the county having a consolidated city vote "yes" on a public question under IC 36-3-8-3(2); or
         (2) for at least two (2) years;
before the date of taking office.".
SOURCE: Page 1, line 13; (13)MO062106.1. -->     Page 1, line 13, delete "subject to IC 3-11.5-4-0.5;" and insert " in which at least a majority of voters vote "yes" on a public question under IC 3-11.5-4-0.5;".
    Page 2, delete lines 2 through 18, begin a new paragraph and insert:
SOURCE: IC 3-11.5-4-0.5; (13)MO062106.4. -->     "SECTION 4. IC 3-11.5-4-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) This section applies only to a county with a population of more than three hundred twenty-five thousand (325,000).
    (b) The voters of the county may initiate a referendum on the question of requiring the counting of absentee ballots at a central location unless a resolution is adopted by a unanimous vote of the entire membership of the county election board requiring ballots to be counted at individual precincts. The referendum is initiated by filing a written petition with the county clerk that is signed by at least five percent (5%) of the voters of the county, as determined by the vote cast in the county for secretary of state at the most recent general election.
    (c) The clerk of the political subdivision shall certify the petition to the county legislative body.
    (d) A petition under this section must be filed with the circuit court clerk not later than January 1, 2015.
    (e) If a petition is filed under subsection (b), the following question shall be submitted to the registered voters of the county at the general election in November 2016:
        "Shall the county count absentee ballots at a central location unless the county election board adopts a resolution, by a unanimous vote of the entire membership of the board, that requires ballots to be counted at individual precincts? (A "yes" vote on the public question results in the counting of absentee ballots at a central location unless the county election board adopts a resolution requiring absentee ballots to be counted at individual precincts. A "no" vote on the public question retains the requirement that absentee ballots are counted at individual precincts unless the county election board adopts a resolution for absentee ballots to be counted at a central location.)".
    (f) The county auditor shall certify a public question described in subsection (e) under IC 3-10-9-3 to the county election board of the county. After the public question is certified, the public question shall be placed on the ballot at the general election in November 2016.
    (g) Only the registered voters who are residents of the county may vote on the public question.

     (h) The circuit court clerk shall certify the results of a public question under this section to the following:
        (1) The county auditor.

         (2) The state board of accounts.
        (3) The election division.
    (i) If a majority of the voters voting on a public question under this section vote "yes" to the public question, after December 31, 2016, the county shall count absentee ballots at a central location unless the county election board adopts a resolution under

subsection (j).
    (j) If the county election board adopts a resolution, by the unanimous vote of the entire membership of the board, that:
        (1) requires absentee ballots to be counted at individual precincts instead of at a central location; and
        (2) states the board's basis for adopting the requirement described in subdivision (1);
all absentee ballots shall be counted at individual precincts instead of at a central location as of the effective date of the resolution.
    (k) A copy of a resolution adopted under subsection (j) shall be filed with the election division.
".

SOURCE: Page 2, line 22; (13)MO062106.2. -->     Page 2, line 22, delete "that is subject to IC 3-11.5-4-0.5;" and insert " in which at least a majority of voters vote "yes" on a public question under IC 3-11.5-4-0.5;".
    Page 2, line 37, delete "that is subject to IC 3-11.5-4-0.5;" and insert " in which at least a majority of voters vote "yes" on a public question under IC 3-11.5-4-0.5;".
    Page 5, delete lines 41 through 42, begin a new paragraph and insert:
SOURCE: IC 36-3-2-10; (13)MO062106.8. -->     "SECTION 8. IC 36-3-2-10, AS AMENDED BY P.L.146-2008, SECTION 701, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. (a) The general assembly finds the following:
        (1) That the tax base of the consolidated city and the county have been significantly eroded through the ownership of tangible property by separate municipal corporations and other public entities that operate as private enterprises yet are exempt or whose property is exempt from property taxation.
        (2) That to restore this tax base and provide a proper allocation of the cost of providing governmental services the legislative body of the consolidated city and county should be authorized to collect payments in lieu of taxes from these public entities.
        (3) That the appropriate maximum payments in lieu of taxes would be the amount of the property taxes that would be paid if the tangible property were not subject to an exemption.
    (b) As used in this section, the following terms have the meanings set forth in IC 6-1.1-1:
        (1) Assessed value.
        (2) Exemption.
        (3) Owner.
        (4) Person.
        (5) Personal property.
        (6) Property taxation.
        (7) Tangible property.
        (8) Township assessor.
    (c) As used in this section, "PILOTS" means payments in lieu of

taxes.
    (d) As used in this section, "public entity" means the following:
         (1) Except as provided in subdivision (2), any of the following government entities in the county:
            (1) (A) An airport authority operating under IC 8-22-3.
            (2) (B) A capital improvement board of managers under IC 36-10-9.
            (3) (C) A building authority operating under IC 36-9-13.
            (4) (D) A wastewater treatment facility.
         (2) If at least a majority of the voters vote "yes" on a public question under IC 36-3-8-3(8), any of the following government entities in the county:
             (A) An airport authority operating under IC 8-22-3.
            (B) A building authority operating under IC 36-9-13.
            (C) A wastewater treatment facility.

    (e) The legislative body of the consolidated city may adopt an ordinance to require a public entity to pay PILOTS at times set forth in the ordinance with respect to:
        (1) tangible property of which the public entity is the owner or the lessee and that is subject to an exemption;
        (2) tangible property of which the owner is a person other than a public entity and that is subject to an exemption under IC 8-22-3; or
        (3) both.
The ordinance remains in full force and effect until repealed or modified by the legislative body.
    (f) The PILOTS must be calculated so that the PILOTS may be in any amount that does not exceed the amount of property taxes that would have been levied by the legislative body for the consolidated city and county upon the tangible property described in subsection (e) if the property were not subject to an exemption from property taxation.
    (g) PILOTS shall be imposed as are property taxes and shall be based on the assessed value of the tangible property described in subsection (e). Except as provided in subsection (l), the township assessor, or the county assessor if there is no township assessor for the township, shall assess the tangible property described in subsection (e) as though the property were not subject to an exemption. The public entity shall report the value of personal property in a manner consistent with IC 6-1.1-3.
    (h) Notwithstanding any law to the contrary, a public entity is authorized to pay PILOTS imposed under this section from any legally available source of revenues. The public entity may consider these payments to be operating expenses for all purposes.
    (i) PILOTS shall be deposited in the consolidated county fund and used for any purpose for which the consolidated county fund may be used.


    (j) PILOTS shall be due as set forth in the ordinance and bear interest, if unpaid, as in the case of other taxes on property. PILOTS shall be treated in the same manner as taxes for purposes of all procedural and substantive provisions of law.
    (k) PILOTS imposed on a wastewater treatment facility may be paid only from the cash earnings of the facility remaining after provisions have been made to pay for current obligations, including:
        (1) operating and maintenance expenses;
        (2) payment of principal and interest on any bonded indebtedness;
        (3) depreciation or replacement fund expenses;
        (4) bond and interest sinking fund expenses; and
        (5) any other priority fund requirements required by law or by any bond ordinance, resolution, indenture, contract, or similar instrument binding on the facility.
    (l) If the duties of the township assessor have been transferred to the county assessor as described in IC 6-1.1-1-24, a reference to the township assessor in this section is considered to be a reference to the county assessor.
SOURCE: IC 36-3-4-3; (13)MO062106.9. -->     SECTION 9. IC 36-3-4-3, AS AMENDED BY P.L.141-2007, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The city-county legislative body shall, by ordinance, divide the whole county into twenty-five (25) districts that:
        (1) are 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) do not cross precinct boundary lines.
This division shall be made during before the end of the second year after a year in which a federal decennial census is conducted and may also be made at any other time, subject to IC 3-11-1.5-32.
    (b) The legislative body is composed of:
        (1)
twenty-five (25) members elected from the districts established under subsection (a) and four (4) members elected from an at-large district containing the whole county; or
         (2) after December 31, 2019, twenty-five (25) members elected from the districts established under subsection (a), if at least a majority of the voters vote "yes" on a public question under IC 36-3-8-3(3).
    (c) This subsection does not apply after December 31, 2019, if a majority of the voters vote "yes" on a public question under IC 36-3-8-3(3). Each voter of the county may vote for four (4) candidates for at-large membership and one (1) candidate from the district in which the voter resides. The four (4) at-large candidates receiving the most votes from the whole county and the district candidates receiving the most votes from their respective districts are elected to the legislative body.
    (d) If the legislative body fails to make the division before the date prescribed by subsection (a) or the division is alleged to violate subsection (a) or other law, a taxpayer or registered voter of the county may petition the superior court of the county to hear and determine the matter. The court shall hear and determine the matter as a five (5) member panel of judges from the superior court. The clerk of the court shall select the judges electronically and randomly. The clerk shall maintain a record of the method and process used to select the judges and shall make the record available for public inspection and copying. Not more than three (3) members of the five (5) member panel of judges may be of the same political party. The first judge selected shall maintain the case file and preside over the proceedings. There may not be a change of venue from the court or from the county. The court may appoint a master to assist in its determination and may draw proper district boundaries if necessary. An appeal from the court's judgment must be taken within thirty (30) days, directly to the supreme court, in the same manner as appeals from other actions.
    (e) An election of the legislative body held under the ordinance or court judgment determining districts that is in effect on the date of the election is valid, regardless of whether the ordinance or judgment is later determined to be invalid.
SOURCE: IC 36-3-5-2; (13)MO062106.10. -->     SECTION 10. IC 36-3-5-2, AS AMENDED BY P.L.227-2005, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) This subsection does not apply after December 31, 2016, if at least a majority of voters vote "yes" on a public question under IC 36-3-8-3(6). The executive shall, subject to the approval of the city-county legislative body, appoint each of the executive's deputies and the director of each department of the consolidated city. A deputy or director is appointed for a term of one (1) year and until a successor is appointed and qualified, but serves at the pleasure of the executive.
    (b) This subsection does not apply after December 31, 2016, if at least a majority of voters vote "yes" on a public question under IC 36-3-8-3(6). When making an appointment under subsection (a), the executive shall submit the name of an appointee to an office to the legislative body for its approval as follows:
        (1) When the office has an incumbent, not more than forty-five (45) days before the expiration of the incumbent's one (1) year term.
        (2) When the office has been vacated, not more than forty-five (45) days after the vacancy occurs.
     (c) This subsection applies after December 31, 2016, only if a majority of voters vote "yes" on a public question under IC 36-3-8-3(6). The executive shall appoint each of the executive's deputies and the director of each department of the consolidated city. A deputy or director is appointed for a term of one (1) year

and until a successor is appointed and qualified, but serves at the pleasure of the executive.
    (c) (d) The executive may appoint an acting deputy or acting director whenever the incumbent is incapacitated or the office has been vacated. An acting deputy or acting director has all the powers of the office.
    (d) (e) The executive shall appoint:
        (1) a controller;
        (2) two (2) deputy controllers, only one (1) of whom may be from the same political party as the executive; and
        (3) a corporation counsel;
each of whom serves at the pleasure of the executive.
    (e) (f) The corporation counsel and every attorney who is a city employee working for the corporation counsel must be a resident of the county and admitted to the practice of law in Indiana.".
    Delete pages 6 through 7

SOURCE: Page 8, line 1; (13)MO062106.8. -->     Page 8, delete lines 1 through 26.
    Page 8, line 29, delete "As used in this section, "office, department, or" and insert " This section applies after December 31, 2016, only if a majority of voters in the county vote "yes" on a public question under IC 36-3-8-3(4).
    (b) As used in this section, "office, department, or agency" means any office, department, or agency of the consolidated city or the county having a consolidated city.
".
    Page 8, delete lines 30 through 31.
    Page 8, line 32, delete "(b)" and insert " (c)".
    Page 8, line 38, delete "(c)" and insert " (d)".
    Page 8, line 38, delete "(d)," and insert " (e),".
    Page 8, line 42, delete "(d)" and insert " (e)".
    Page 9, line 7, delete "(e)" and insert " (f)".
    Page 9, line 17, delete "(h)." and insert " (i).".
    Page 9, line 19, delete "(f)" and insert " (g)".
    Page 9, line 23, delete "(g)" and insert " (h)".
    Page 9, line 25, delete "(e)(1)(A)" and insert " (f)(1)(A)".
    Page 9, line 32, delete "(h)" and insert " (i)".
    Page 10, line 1, delete "(i)" and insert " (j)".
    Page 10, line 3, delete "(j)" and insert " (k)".
    Page 10, line 13, delete "(k)" and insert " (l)".
    Page 10, delete lines 15 through 42, begin a new paragraph and insert:
SOURCE: IC 36-3-8; (13)MO062106.12. -->     "SECTION 12. IC 36-3-8 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 8. Local Public Question on Marion County Issues
    Sec. 1. This chapter applies only to Marion County.
    Sec. 2. (a) The voters of the county may petition to place a public

question on the ballot at the November 2016 general election by filing a written petition with the circuit court clerk that meets the following requirements:
        (1) States a public question from the list in section 3 of this chapter. A separate petition is required for each public question. Each petition must meet the requirements of this section.
        (2) Each petition must be signed by at least five percent (5%) of the voters of the county, as determined by the vote cast in the county for secretary of state at the most recent general election.
    (b) A petition under this section must be filed with the circuit court clerk not later than January 1, 2015.
    (c) If a petition meets the requirements of this section, the circuit court clerk shall certify the petition to the city-county council.
    Sec. 3. A petition may be filed to place any of the following public questions on the ballot at the general election in November 2016:
        (1) "Shall a candidate for the office of mayor be required to reside in Indianapolis for at least one (1) year before the date of taking office? (A "yes" vote on the public question means that beginning January 1, 2017, a mayoral candidate must be a resident of Indianapolis for one (1) year before the date of taking office. A "no" vote on the public question retains the requirement that a candidate for mayor reside in Indianapolis for at least five (5) years before taking office.)".
        (2) "Shall a candidate for the city-county council be required to reside in the candidate's district for at least one (1) year before the date of taking office? (A "yes" vote on the public question means that beginning January 1, 2017, a candidate must reside in the candidate's district for at least one (1) year before the date of taking office. A "no" vote on the public question retains the requirement that the candidate reside in the candidate's district for at least two (2) years before taking office.)".
        (3) "Shall the membership of the city-county council be reduced by eliminating the four (4) members of the city-county council who are elected at-large? (A "yes" vote on the public question means that beginning January 1, 2020, the membership of the city-county council will consist of twenty-five (25) members who are all elected from single-member districts. A "no" vote on the public question retains the twenty-nine (29) member city-county council, including the four (4) members elected at-large by all voters of the county.)".
        (4) "Shall the controller of the consolidated city and county

have the power to allot amounts that are appropriated by the city-county council to an office, department, or agency of a consolidated city or the county? (A "yes" vote on the public question would result in the controller having this authority beginning January 1, 2017. A "no" vote on the public question would result in the controller not having this authority.)".
        (5) "Shall all township boards in Marion County be reduced from seven (7) to five (5) members? (A "yes" vote on the public question would result in a reduction in membership of each township board in the county to five (5) members beginning January 1, 2021. A"no" vote on the public question would result in each township board retaining a membership of seven (7) members.)".
        (6) "Shall the mayor have the authority to appoint the mayor's deputies and directors of departments of the consolidated city without the approval of the city-county council? (A "yes" vote on the public question would allow the mayor to have the appointment authority beginning January 1, 2017. A"no" vote on the public question would result in the city-county council retaining the authority to approve the mayor's appointments.)".
        (7) "Shall the mayor appoint two (2) additional members to the metropolitan development commission and shall the appointments of the board of county commissioners (the county auditor, county assessor, and county treasurer) to the metropolitan development commission be eliminated? (A "yes" vote on the public question means that beginning January 1, 2017, the mayor would appoint two (2) additional members to the commission and the board of commissioners would lose its authority to appoint two (2) members to the commission. A "no" vote on the public question would result in the board of county commissioners retaining the board's appointments to the metropolitan development commission and the mayor retaining the same number of appointments.)".
        (8) "Shall the city-county council's authority to require the capital improvement board of managers to make payments in lieu of taxes (PILOTS) for deposit in the consolidated county fund be eliminated? (A "yes" vote on the public question would eliminate the city-county council's authority beginning January 1, 2017. A "no" vote on the public question would result in the city-county council retaining this authority.)".
    Sec. 4. (a) The county auditor shall certify a public question described in section 3 of this chapter under IC 3-10-9-3 to the county election board of the county. After the public question is certified, the public question shall be placed on the ballot at the general election in November 2016.
    (b) Only the registered voters who are residents of Marion

County may vote on the public question.
     Sec. 5. The circuit court clerk shall certify the results of a public question under this chapter to the following:
        (1) The county auditor.

         (2) The state board of accounts.
        (3) The election division.
    Sec. 6. (a) If a majority of the voters in the county voting on a public question under section 3(1) of this chapter
vote "yes" to the public question, after December 31, 2016, a candidate for mayor of the consolidated city must reside in the consolidated city for at least one (1) year before the date of taking office.
    (b) If a majority of the voters in the county voting on a public question under section 3(2) of this chapter vote "yes" to the public question, after December 31, 2016, a candidate for membership on the legislative body of the city and county must reside in the district in which the candidate is seeking election for at least one (1) year before the date of taking office.
    (c) If a majority of the voters in the county voting on a public question under section 3(3) of this chapter vote "yes" to the public question, after December 31, 2019, the membership of the city-county legislative body is reduced to twenty-five (25) members by eliminating the members who are elected at-large.
    (d) If a majority of the voters in the county voting on a public question under section 3(4) of this chapter vote "yes" to the public question, after December 31, 2016, the controller of the consolidated city and county has the authority under IC 36-3-6-10 to allot amounts appropriated to an office, department, or agency of a consolidated city.
    (e) If a majority of the voters in the county voting on a public question under
section 3(5) of this chapter vote "yes" to the public question, after December 31, 2020, each township board in the county consists of five (5) members instead of seven (7) members.
    (f) If a majority of the voters in the county voting on a public question under section 3(6) of this chapter
vote "yes" to the public question, after December 31, 2016, the mayor of the consolidated city may appoint each of the mayor's deputies and the director of each department of the consolidated city without the city-county council's approval.
    (g) If a majority of the voters in the county voting on a public question under section 3(7) of this chapter
vote "yes" to the public question, after December 31, 2016, the board of county commissioners' appointments to the metropolitan development commission are eliminated and the mayor's appointments to the metropolitan development commission are increased by two (2).
    (h) If a majority of the voters in the county voting on a public question under section 3(8) of this chapter vote "yes" to the public question, after December 31, 2016, the city-county council may not

require the capital improvement board of managers to make payments in lieu of taxes (PILOTS) for deposit in the consolidated county fund.

SOURCE: IC 36-6-6-2; (13)MO062106.13. -->     SECTION 13. IC 36-6-6-2, AS AMENDED BY P.L.240-2005, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Except as provided in subsection (b) and section 2.1 of this chapter, a three (3) member township board shall be elected under IC 3-10-2-13 by the voters of each township.
    (b) The township board in a county containing a consolidated city shall consist of:
        (1)
seven (7) members elected under IC 3-10-2-13 by the voters of each township; or
         (2) after December 31, 2020, five (5) members elected under IC 3-10-2-13 by the voters of each township, only if at least a majority of the voters vote "yes" on a public question under IC 36-3-8-3(5).
    (c) The township board is the township legislative body.
    (d) The term of office of a township board member is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.
SOURCE: IC 36-6-6-4; (13)MO062106.14. -->     SECTION 14. IC 36-6-6-4, AS AMENDED BY P.L.240-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) Except as provided in subsections (b) and (c), two (2) members of the legislative body constitute a quorum.
    (b) Four (4) members of the legislative body in a county containing a consolidated city constitute a quorum. However, if at least a majority of the voters vote "yes" on a public question under IC 36-3-8-3(5), after December 31, 2020, three (3) members of the legislative body in a county having a consolidated city constitute a quorum.
    (c) This subsection applies to a township government that:
        (1) is created by a merger of township governments under IC 36-6-1.5; and
        (2) elects a township board under section 2.1 of this chapter.
A majority of the members of the legislative body constitute a quorum. If a township board has an even number of members, the township executive shall serve as an ex officio member of the township board for the purpose of casting the deciding vote to break a tie.
SOURCE: IC 36-7-4-207; (13)MO062106.15. -->     SECTION 15. IC 36-7-4-207, AS AMENDED BY P.L.146-2008, SECTION 718, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 207. (a) ADVISORY. In a city having a park board and a city civil engineer, the city plan commission consists of nine (9) members, as follows:
        (1) One (1) member appointed by the city legislative body from its membership.
        (2) One (1) member appointed by the park board from its

membership.
        (3) One (1) member or designated representative appointed by the city works board.
        (4) The city civil engineer or a qualified assistant appointed by the city civil engineer.
        (5) Five (5) citizen members, of whom no more than three (3) may be of the same political party, appointed by the city executive.
    (b) ADVISORY. If a city lacks either a park board or a city civil engineer, or both, subsection (a) does not apply. In such a city or in any town, the municipal plan commission consists of seven (7) members, as follows:
        (1) The municipal legislative body shall appoint three (3) persons, who must be elected or appointed municipal officials or employees in the municipal government, as members.
        (2) The municipal executive shall appoint four (4) citizen members, of whom no more than two (2) may be of the same political party.
    (c) AREA. To provide equitable representation of rural and urban populations, representation on the area plan commission is determined as follows:
        (1) Seven (7) representatives from each city having a population of more than one hundred five thousand (105,000).
        (2) Six (6) representatives from each city having a population of not less than seventy thousand (70,000) nor more than one hundred five thousand (105,000).
        (3) Five (5) representatives from each city having a population of not less than thirty-five thousand (35,000) but less than seventy thousand (70,000).
        (4) Four (4) representatives from each city having a population of not less than twenty thousand (20,000) but less than thirty-five thousand (35,000).
        (5) Three (3) representatives from each city having a population of not less than ten thousand (10,000) but less than twenty thousand (20,000).
        (6) Two (2) representatives from each city having a population of less than ten thousand (10,000).
        (7) One (1) representative from each town having a population of more than two thousand one hundred (2,100), and one (1) representative from each town having a population of two thousand one hundred (2,100) or less that had a representative before January 1, 1979.
        (8) Such representatives from towns having a population of not more than two thousand one hundred (2,100) as are provided for in section 210 of this chapter.
        (9) Six (6) county representatives if the total number of municipal

representatives in the county is an odd number, or five (5) county representatives if the total number of municipal representatives is an even number.
    (d) METRO. The metropolitan development commission consists of nine (9) citizen members, as follows:
        (1) Four (4) members, of whom no more than two (2) may be of the same political party, appointed by the executive of the consolidated city, or if at least a majority of the voters vote "yes" on a public question under IC 36-3-8-3(7), after December 31, 2016, six (6) members, no more than three (3) of whom may be of the same political party, appointed by the executive of the consolidated city.
        (2) Three (3) members, of whom no more than two (2) may be of the same political party, appointed by the legislative body of the consolidated city.
        (3) Two (2) members, who must be of different political parties, appointed by the board of commissioners of the county, unless the voters of the county vote "yes" on a public question under IC 36-3-8-3(7), in which case after December 31, 2016, the board of commissioners of the county may not make any appointments to the metropolitan development commission.
    (e) METRO. The legislative body of the consolidated city shall appoint an individual to serve as a nonvoting adviser to the metropolitan development commission when the commission is acting as the redevelopment commission of the consolidated city under IC 36-7-15.1. If the duties of the metropolitan development commission under IC 36-7-15.1 are transferred to another entity under IC 36-3-4-23, the individual appointed under this subsection shall serve as a nonvoting adviser to that entity. A nonvoting adviser appointed under this subsection:
        (1) must also be a member of the school board of a school corporation that includes all or part of the territory of the consolidated city;
        (2) is not considered a member of the metropolitan development commission for purposes of IC 36-7-15.1 but is entitled to attend and participate in the proceedings of all meetings of the metropolitan development commission (or any successor entity designated under IC 36-3-4-23) when it is acting as a redevelopment commission under IC 36-7-15.1;
        (3) is not entitled to a salary, per diem, or reimbursement of expenses;
        (4) serves for a term of two (2) years and until a successor is appointed; and
        (5) serves at the pleasure of the legislative body of the consolidated city.".
    Delete pages 11 through 13.


    Renumber all SECTIONS consecutively.
    (Reference is to ESB 621 as printed April 2, 2013.)

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Representative Bartlett


MO062106/DI 75     2013