SB 621-46_ Filed 04/04/2013, 07:58 Moed


Text Box


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    WITHDRAWN        Noes _______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


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HOUSE MOTION ____

]

MR. SPEAKER:

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

SOURCE: Page 7, line 39; (13)MO062154.7. -->     Page 7, between lines 39 and 40, begin a new paragraph and insert:
SOURCE: IC 36-3-4-3; (13)MO062154.9. -->     "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 county redistricting commission established by section 3.7 of this chapter 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 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 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.
    (c) 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 county redistricting commission 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. 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 districts are later determined to be invalid.
SOURCE: IC 36-3-4-3.7; (13)MO062154.10. -->     SECTION 10. IC 36-3-4-3.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3.7. (a) A county redistricting commission is established.
    (b) The commission consists of two (2) individuals appointed jointly by the:
        (1) mayor of the consolidated city; and
        (2) city-county council.
    (c) The commission members shall be appointed:
        (1) after January 1 of the year following a year in which a federal decennial census is conducted; and
        (2) not later than January 1 of the second year following a year in which a federal decennial census is conducted.
    (d) The commission members may not be members of the same political party.
    (e) Commission members serve a term of four (4) years.
    (f) The commission shall divide the county into legislative body districts as provided in section 3 of this chapter.
    (g) The city-county council may adopt an ordinance to provide for the following:
        (1) Compensation for commission members.

        (2) Staff, office expenses, supplies, and other necessary expenses of the commission.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 621 as printed April 2, 2013.)

________________________________________

Representative Moed


MO062154/DI 75     2013