February 20, 2004





ENGROSSED

SENATE BILL No. 36

_____


DIGEST OF SB 36 (Updated February 18, 2004 1:39 pm - DI 75)



Citations Affected: Noncode.

Synopsis: Ballot language for constitutional amendments. Establishes the ballot language for the submission of three amendments to the Constitution of the State of Indiana concerning: (1) the exemption of certain property from taxation; (2) uniform start dates for terms for county constitutional officers; and (3) the general assembly's election of a governor and the temporary exercise of the governor's duties and powers when the offices of the governor and lieutenant governor are vacant. (The introduced version of this bill was prepared by the code revision commission.)

Effective: Upon passage.





Landske, Craycraft, Breaux
(HOUSE SPONSORS _ MAHERN, RICHARDSON)




    November 18, 2003, read first time and referred to Committee on Elections and Civic Affairs.
    January 8, 2004, amended, reported favorably _ Do Pass.
    January 12, 2004, read second time, ordered engrossed. Engrossed.
    January 13, 2004, read third time, passed. Yeas 49, nays 0.

HOUSE ACTION

    February 4, 2004, read first time and referred to Committee on Rules and Legislative Procedures.
    February 19, 2004, reported _ Do Pass.






February 20, 2004

Second Regular Session 113th General Assembly (2004)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2003 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 36



    A BILL FOR AN ACT concerning elections.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. [EFFECTIVE UPON PASSAGE] (a) The amendment to Article 10, Section 1 of the Constitution of the State of Indiana agreed to by the One Hundred Twelfth General Assembly (P.L.189-2002) and the One Hundred Thirteenth General Assembly (P.L.278-2003) shall be submitted to the electors of the state at the 2004 general election in the manner provided for the submission of constitutional amendments under IC 3.
    (b) Under Article 16, Section 1 of the Constitution of the State of Indiana, which requires the general assembly to submit constitutional amendments to the electors at the next general election after the general assembly agrees to the amendment referred to it by the last previously elected general assembly, and in accordance with IC 3-10-3, the general assembly prescribes the form in which the public question concerning the ratification of this state constitutional amendment must appear on the 2004 general election ballot as follows:

"PUBLIC QUESTION #1
    Shall Article 10, Section 1 of the Constitution of the State of

Indiana be amended to allow the General Assembly to make certain property exempt from property taxes, including (1) a homeowner's primary residence; (2) personal property used to produce income; and (3) inventory?".
    (c) This SECTION expires January 1, 2005.

    SECTION 2. [EFFECTIVE UPON PASSAGE] (a) The amendment to Article 6, Section 2 of the Constitution of the State of Indiana agreed to by the One Hundred Twelfth General Assembly (P.L.187-2002) and the One Hundred Thirteenth General Assembly (P.L.279-2003) shall be submitted to the electors of the state at the 2004 general election in the manner provided for the submission of constitutional amendments under IC 3.
    (b) Under Article 16, Section 1 of the Constitution of the State of Indiana, which requires the general assembly to submit constitutional amendments to the electors at the next general election after the general assembly agrees to the amendment referred to it by the last previously elected general assembly, and in accordance with IC 3-10-3, the general assembly prescribes the form in which the public question concerning the ratification of this state constitutional amendment must appear on the 2004 general election ballot as follows:

"PUBLIC QUESTION #2
    Shall Article 6, Section 2 of the Constitution of the State of Indiana be amended to allow the General Assembly to establish a uniform date for the beginning of the terms of the county offices of clerk of the circuit court, auditor, recorder, treasurer, sheriff, coroner, and surveyor?".
    (c) This SECTION expires January 1, 2005.

    SECTION 3. [EFFECTIVE UPON PASSAGE] (a) The amendment to Article 5, Section 10 of the Constitution of the State of Indiana agreed to by the One Hundred Twelfth General Assembly (P.L.188-2002) and the One Hundred Thirteenth General Assembly (P.L.280-2003) shall be submitted to the electors of the state at the 2004 general election in the manner provided for the submission of constitutional amendments under IC 3.
    (b) Under Article 16, Section 1 of the Constitution of the State of Indiana, which requires the general assembly to submit constitutional amendments to the electors at the next general election after the general assembly agrees to the amendment referred to it by the last previously elected general assembly, and in accordance with IC 3-10-3, the general assembly prescribes the form in which the public question concerning the ratification of

this state constitutional amendment must appear on the 2004 general election ballot as follows:

"PUBLIC QUESTION #3

    Shall Article 5, Section 10 of the Constitution of the State of Indiana be amended to specify: (1) which state official acts as governor when the office of governor and the office of lieutenant governor are both vacant; and (2) the deadline for the General Assembly to meet when either the House or the Senate cannot assemble a quorum within forty-eight (48) hours after both offices become vacant?".
    (c) This SECTION expires January 1, 2005.

    SECTION 4. An emergency is declared for this act.