SB 621-42_ Filed 04/04/2013, 07:52 Porter


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    WITHDRAWN        Noes _______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:

    Replace the effective dates in SECTIONS 1 through 13 with "[EFFECTIVE JANUARY 1, 2016]".

SOURCE: Page 3, line 6; (13)MO062140.3. -->     Page 3, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: IC 36-1.5-6; (13)MO062140.7. -->     "SECTION 7. IC 36-1.5-6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 6. Moratorium on Legislation Making Changes in Local Governmental Structure and Administration
    Sec. 1. The general assembly declares a moratorium on the enactment of legislation that implements a change in the structure or the administration of local government before January 1, 2016.
    Sec. 2. The members of the general assembly are urged not to introduce or consider legislation that deals with the reorganization of political subdivisions during the moratorium. However, if legislation enacted in the 2013, 2014, or 2015 session of the general assembly effects a reorganization of all or any part of one (1) or more political subdivisions or its elected officers, the legislation shall be treated as applying only after December 31, 2016, regardless of the effective date of the legislation.
    Sec. 3. The house of representatives and the senate may adopt rules to provide for the efficient operation of the general assembly in a manner that complies with this chapter.
    Sec. 4. This chapter expires January 1, 2016.

SOURCE: IC 36-1.5-7; (13)MO062140.8. -->     SECTION 8. IC 36-1.5-7 IS ADDED TO THE INDIANA CODE

AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 7. Local Government Efficiency and Reorganization Study Committee
    Sec. 1. As used in this chapter, "committee" refers to the local government efficiency and reorganization study committee established by section 2 of this chapter.
    Sec. 2. (a) There is established the local government efficiency and reorganization study committee. The committee consists of the following members:
        (1) Three (3) members appointed by the president pro tempore of the senate.
        (2) Three (3) members appointed by the minority leader of the senate.
        (3) Three (3) members appointed by the speaker of the house of representatives.
        (4) Three (3) members appointed by the minority leader of the house of representatives.
    (b) Two (2) of the members appointed under subsection (a)(1), two (2) of the members appointed under subsection (a)(2), two (2) of the members appointed under subsection (a)(3), and two (2) of the members appointed under subsection (a)(4) must hold a local office (as defined in IC 3-5-2-29). The other member appointed under subsection (a)(1), the
other member appointed under subsection (a)(2), the other member appointed under subsection (a)(3), and the other member appointed under subsection (a)(4) must be a past holder of a local office (as defined in IC 3-5-2-29) that is not a current holder of a local office (as defined in IC 3-5-2-29).
    (c) A member serves at the pleasure of the appointing authority.
    Sec. 3. (a) The chairperson of the legislative council shall appoint the chairperson of the committee from among the members of the committee.
    (b) The chairperson of the committee may not be the executive of a consolidated city.
    (c) The chairperson of the committee serves at the pleasure of the chairperson of the legislative council.
    Sec. 4. (a) The committee shall make recommendations to the general assembly concerning the structure and administration of political subdivisions that result in a reduction in the differences in election and appointment procedures, responsibilities, approval procedures, and other administrative structures and administrative characteristics:
        (1) among counties;
        (2) among cities;
        (3) among towns;
        (4) among townships; and


        (5) among political subdivisions not described in subdivisions (1) through (4) that have similar functions or purposes.
    (b) In carrying out its functions, the committee shall consider how best to organize political subdivisions to promote efficiency and effectiveness.
    (c) The recommendations of the committee must seek to reduce the extent to which the general assembly must enact permissible special legislation to carry out the functions of government and obviate the need for unconstitutional special legislation.
    Sec. 5. The legislative services agency shall staff the committee.
    Sec. 6. All funds necessary for the committee to carry out its functions shall be paid from appropriations to the legislative council and the legislative services agency.
    Sec. 7. Each member of the committee who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    Sec. 8. Each member of the committee who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    Sec. 9. Each member of the committee who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this section shall be paid from appropriations made to the legislative council or the legislative services agency.
    Sec. 10. The affirmative votes of a majority of the voting members appointed to the committee are required for the committee to take action on any measure, including final reports.
    Sec. 11. The committee shall operate under the policies and rules of the legislative council.
    Sec. 12. The committee may meet at any time of the year at the call of the chairperson.
    Sec. 13. The committee shall hold at least nine (9) meetings each calendar year, with at least one (1) meeting each calendar year held in each congressional district in Indiana.
    Sec. 14. The committee shall submit interim, final, and other reports to the legislative council as directed by the legislative

council in an electronic format under IC 5-14-6. The committee shall submit its final report to the legislative council before November 1, 2015.
    Sec. 15. The committee expires January 1, 2016.
    Sec. 16. The legislative council shall provide for the introduction of legislation recommended by the committee.
    Sec. 17. When legislation recommended by the committee is being considered by the house of representatives, the speaker of the house of representatives shall assign the legislation to the house select committee on government reduction (or its successor committee) for a hearing and its consideration before the second reading of the legislation in the house of representatives.
    Sec. 18. This chapter expires July 1, 2016.
".

SOURCE: Page 13, line 10; (13)MO062140.13. -->     Page 13, after line 10, begin a new paragraph and insert:
SOURCE: ; (13)MO062140.15. -->     "SECTION 15. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 621 as printed April 2, 2013.)

________________________________________

Representative Porter


MO062140/DI 51     2013