SB 312-1_ Filed 02/21/2008, 10:32

Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

10

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Elections and Apportionment     , to which was referred       Senate Bill 312     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 11; (08)CR031202.1. -->     Page 1, line 11, delete "chief executive officer" and insert " county executive".
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    Page 5, line 28, delete "officer,".
    Page 6, line 16, delete "chief executive officer" and insert " county executive".
    Page 6, between lines 33 and 34, begin a new paragraph and insert:
SOURCE: IC 36-2-1-2; (08)CR031202.7. -->     "SECTION 7. IC 36-2-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. (a) If the resident

voters in a specified territory in two (2) or more contiguous counties desire to change the boundaries of their respective counties, they may file a petition with the executives of their respective counties requesting that the territory be transferred. The petition must:
        (1) be signed by at least the number of voters resident in the territory requested to be transferred required to place a candidate on the ballot under IC 3-8-6-3;
        (2) contain a clear, distinct description of the requested boundary change; and
        (3) not propose to decrease the area of any county below four hundred (400) square miles in compliance with Article 15, Section 7 of the Constitution of the State of Indiana.
    (b) Whenever a petition under subsection (a) is filed with a county executive, the executive shall determine, at its first meeting after the petition is filed:
        (1) whether the signatures on the petition are genuine; and
        (2) whether the petition complies with subsection (a).
    (c) If the determinations under subsection (b) are affirmative, the executive shall certify the question to the county election board of each affected county. The county election boards shall jointly order a special election to be held, scheduling the election so that the election is held on the same date in each county interested in the change, but not later than thirty (30) days and not on the same date as a general election. The election shall be conducted under IC 3-10-8-6. All voters of each interested county are entitled to vote on the question. The question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the boundaries of __________ County and ____________ County change?".
    (d) After an election under subsection (c), the clerk of each county shall make a certified copy of the election returns and not later than five (5) days after the election file the copy with the auditor of the county. The auditor shall, not later than five (5) days after the filing of the returns in the auditor's office, make a true and complete copy of the returns, certified under the auditor's hand and seal, and deposit the copy with the auditor of every other county interested in the change.
    (e) After copies have been filed under subsection (d), the auditor of each county shall call a meeting of the executive of the county, which shall examine the returns. If a majority of the voters of each interested

county voted in favor of change, the executive shall:
        (1) enter an order declaring their boundaries to be changed as described in the petition; and
        (2) if the county has received territory from the transfer, adopt revised descriptions of:
            (A) county commissioner districts under IC 36-2-2-4; and
            (B) county council districts under IC 36-2-3-4;
so that the transferred territory is assigned to at least one (1) county commissioner district and at least one (1) county council district. If IC 36-2-3.7 is applicable to a county, the county council shall establish the county council districts under IC 36-2-3-4.6.
    (f) The executive of each county shall file a copy of the order described in subsection (e)(1) with:
        (1) the office of the secretary of state; and
        (2) the circuit court clerk of the county.
Except as provided in subsection (g), the transfer of territory becomes effective when the last county order is filed under this subsection.
    (g) An order declaring county boundaries to be changed may not take effect during the year preceding a year in which a federal decennial census is conducted. An order that would otherwise take effect during the year preceding a year in which a federal decennial census is conducted takes effect January 2 of the year in which a federal decennial census is conducted.
    (h) An election under this section may be held only once every three (3) years.".

SOURCE: Page 6, line 42; (08)CR031202.6. -->     Page 6, line 42, delete "Local Public Question on County Government" and insert " Reorganization of County Executive and Legislative Structure and Powers".
    Page 7, line 1, delete "(a)".
    Page 7, delete lines 3 through 42, begin a new paragraph and insert:
    " Sec. 2. (a) Subject to subsection (b), the county executive may adopt an ordinance to reorganize the executive and legislative structure and functions of the county as provided in this chapter.
    (b) An ordinance adopted under this section must be adopted before July 1 of an even-numbered year.
    Sec. 3. The county executive shall certify the adoption of the ordinance to the county election board as provided in IC 3-10-9.
    Sec. 4. The county election board shall place the following public

question on the ballot at the next general election held in the county:
        "Shall the county government of (insert the name of the county) County be reorganized to place all executive powers in a single elected county executive and to place all legislative powers in the county council?".
    Sec. 5. IC 3, except where inconsistent with this chapter, applies to a public question placed on the ballot under this chapter.
    Sec. 6. If a majority of the voters who vote on the public question vote in favor of the public question, the following apply:
        (1) IC 36-2-2.5 applies to the county instead of IC 36-2-2.
        (2) The county executive consists of one (1) individual.
        (3) The county may not subsequently be governed under IC 36-2-2.
        (4) The county executive described in subdivision (2) shall:
            (A) be elected at the second general election held after the year the ordinance is adopted; and
            (B) take office January 1 after the individual's election.
        (5) The term of office of each member of the county executive elected under IC 36-2-2 is as follows:
            (A) The term of a member elected at the general election held in the year the public question is approved:
                (i) is four (4) years; and
                (ii) expires at the end of the day on December 31 after the election described in subdivision (4).
            (B) The term of a member elected at the first general election held after the year the public question is approved:
                (i) is two (2) years; and
                (ii) expires at the end of the day on December 31 after the election described in subdivision (4).
        (6) IC 36-2-3.7 applies to the county.
".
    Delete pages 8 through 9.
    Page 10, delete lines 1 through 26.
    Page 10, line 30, delete "County Chief Executive Officer" and insert " Single Member County Executive".
    Page 10, line 35, delete ""chief executive officer"" and insert " "county executive"".


    Page 10, line 36, delete "chief executive officer" and insert " county executive".
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    Page 11, line 6, delete "chief" and insert " county executive".
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    Page 11, line 14, delete "chief executive officer" and insert " county executive".
    Page 11, line 16, delete "legislative body" and insert " council".
    Page 11, line 19, delete "legislative body" and insert " council".
    Page 11, line 19, delete "chief executive" and insert " county executive".
    Page 11, line 20, delete "officer".
    Page 11, line 22, delete "legislative body" and insert " council".
    Page 11, line 25, delete "chief executive" and insert " county executive's".
    Page 11, line 26, delete "officer's".
    Page 11, line 42, delete "legislative body" and insert " council".
    Page 12, line 8, delete "legislative body" and insert " council".
    Page 12, line 8, delete "7" and insert " 6".
    Page 12, line 11, delete "chief executive officer" and insert " county executive".
    Page 12, line 12, delete "chief executive officer" and insert " county executive".
    Page 12, line 13, delete "chief" and insert " county executive's".
    Page 12, line 14, delete "executive officer's".
    Page 12, line 15, delete "chief" and insert " county executive's".
    Page 12, line 16, delete "executive officer's".
    Page 12, line 21, delete "Notwithstanding IC 36-2-2-1(b), the chief" and insert " The county".
    Page 12, line 22, delete "officer".
    Page 12, line 23, delete "legislative body" and insert " council".
    Page 12, line 26, delete "a chief executive officer" and insert " the county executive".
    Page 12, line 31, delete "as provided in IC 36-2-3.7." and insert " if IC 36-2-3.7 applies to the county.".
    Page 13, delete lines 6 through 42, begin a new paragraph and insert:
SOURCE: IC 36-2-3-4; (08)CR031202.13. -->     "SECTION 13. IC 36-2-3-4, AS AMENDED BY P.L.230-2005, SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) This section does not apply to a county if IC 36-3-3.7 applies to the county.
    (b)
This subsection does not apply to a county having a population of:
        (1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
        (2) more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
The county executive shall, by ordinance, divide the county into four (4) contiguous, single-member districts that comply with subsection (d). (e). If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts. One (1) member of the fiscal body county council shall be elected by the voters of each of the four (4) districts. Three (3) at-large members of the fiscal body county council shall be elected by the voters of the whole county.
    (b) (c) This subsection applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). The county redistricting commission established under IC 36-2-2-4 shall divide the county into seven (7) single-member districts that comply with subsection (d). (e). One (1) member of the fiscal body county council shall be elected by the voters of each of these seven (7) single-member districts.
    (c) (d) This subsection applies to a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000). The fiscal body county council shall divide the county into nine (9) single-member districts that comply with subsection (d). Three (3) of these districts must be contained within each of the three (3) districts established under IC 36-2-2-4(c). One (1) member of the fiscal body county council shall be elected by the voters of each of these nine (9) single-member districts.
    (d) (e) Single-member districts established under subsection (a), (b), (c), or (c) (d) must:
        (1) be compact, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes);
        (2) not cross precinct boundary lines;
        (3) contain, as nearly as possible, equal population; and
        (4) include whole townships, except when a division is clearly necessary to accomplish redistricting under this section.
    (e) (f) A division under subsection (a), (b), (c), or (c) (d) shall be made:
        (1) during the first year after a year in which a federal decennial census is conducted; and
        (2) when the county executive adopts an order declaring a county boundary to be changed under IC 36-2-1-2.
    (f) (g) A division under subsection (a), (b), (c), or (c) (d) may be made in any odd-numbered year at a time not described in subsection (e). (f) only to make districts comply with subsection (e).
SOURCE: IC 36-2-3-4.6; (08)CR031202.14. -->     SECTION 14. IC 36-2-3-4.6 IS ADDED TO THE INDIANA CODE AS NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4.6. (a) If IC 36-2-3.7 applies to the county:
        (1) this section applies to the county; and
        (2) section 4 of this chapter does not apply to the county.
    (b) Except as provided in subsections (c) and (d), the county council shall divide the county into four (4) single-member districts that comply with subsection (e). If necessary, the county auditor shall call a special meeting of the county council to establish or revise districts. One (1) member of the county council shall be elected by the voters of each of the four (4) districts. Three (3) at-large members of the county council shall be elected by all the voters of the county.
    (c)This subsection applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). The county redistricting commission established under IC 36-2-2-4 shall divide the county into seven (7) single-member districts that comply with subsection (e). One (1) member of the county council shall be elected by the voters of each of these seven (7) single-member districts.
    (d) This subsection applies to a county having a population of more than two hundred thousand (200,000) but less than three

hundred thousand (300,000). The county council shall divide the county into nine (9) single-member districts that comply with subsection (d). Three (3) of the districts must be contained within each of the three (3) districts established under IC 36-2-2-4(c). One (1) member of the county council shall be elected by the voters of each of these nine (9) single-member districts.
    (e) Single-member districts established under this section must:
        (1) be compact, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes);
        (2) not cross precinct boundary lines;
        (3) contain, as nearly as possible, equal population; and
        (4) include whole townships, except when a division is clearly necessary to accomplish redistricting under this section.
    (f) A division under this section shall be made:
        (1) during the first year after a year in which a federal decennial census is conducted; and
        (2) when the county executive adopts an order declaring a county boundary to be changed under IC 36-2-1-2.
    (g) A division under this section may be made at a time not described in subsection (f) only to make districts comply with subsection (e).
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SOURCE: Page 15, line 1; (08)CR031202.15. -->     Page 15, delete lines 1 through 4.
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    Page 17, line 31, delete "IC 36-2-2.5." and insert " IC 36-2-3.7.".
    Page 17, line 40, delete ""chief executive officer"" and insert " "county executive"".
    Page 17, line 41, delete "chief executive officer" and insert " county executive".
    Page 18, line 7, delete "chief executive officer" and insert " county executive".
    Page 18, line 7, delete "county".
    Page 18, line 8, delete "chief executive officer of the".
    Page 18, line 8, after "county" insert " executive".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 312 as reprinted January 29, 2008.)

and when so amended that said bill do pass.

__________________________________

Representative Pierce


CR031202/DI 75    2008