SB 621-46_ Filed 04/04/2013, 07:58 Moed
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
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)
(1) are compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
(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
(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
(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
(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
(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.)
MO062154/DI 75 2013