MADAM PRESIDENT:
I move
that Senate Bill 312 be amended to read as follows:
JULY 1, 2008]:
Chapter 2.4. Local Public Question on County Government
Sec. 1. (a) This chapter does not apply to a county having a
consolidated city.
(b) This subsection applies to a county that is not subject to
IC 36-2-3.5. The county election board in a county shall place the
following question on the ballot in the county at the 2010 general
election:
"Shall ______________ (insert the name of the county)
County adopt Indiana law so that:
(1) the county executive consists of one (1) person elected by
the voters of the county instead of three (3) persons elected by
the voters of the county;
(2) the county council consists of nine (9) persons, of whom
four (4) persons are elected by voters who reside in a district,
five (5) members elected by voters of the county, instead of
seven (7) persons, four (4) of whom are elected by voters who
reside in a district, three (3) of whom are elected by voters of
the county?; and
(3) the county council serves as the county legislative body
and the county fiscal body?".
(c) 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 election board in a county
shall place the following question on the ballot in the county at the
2010 general election:
"Shall ______________ (insert the name of the county)
County adopt Indiana law so that:
(1) the county executive consists of one (1) person elected by
the voters of the county instead of three (3) persons elected by
the voters of the county; and
(2) the county council consists of nine (9) persons, of whom
four (4) persons are elected by voters who reside in a district,
five (5) members elected by voters of the county, instead of
nine (9) persons, nine (9) of whom are elected by voters who
reside in a district?".
(d) 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 election board in a county
shall place the following question on the ballot in the county at the
2010 general election:
"Shall ________(insert the name of the county) County adopt
Indiana law so that:
(1) the county executive consists of one (1) person elected by
the voters of the county instead of three (3) persons elected by
the voters of the county; and
(2) the county council consists of nine (9) persons, of whom
four (4) persons are elected by voters who reside in a district,
five (5) members elected by voters of the county, instead of
seven (7) persons, seven (7) of whom are elected by voters who
reside in a district?".
(e) A public question under this section must be certified in
accordance with IC 3-10-9-3 and shall be placed on the ballot in
accordance with IC 3-10-9.
(f) The circuit court clerk of a county holding an election under
this section shall certify the results determined under IC 3-12-4-9
to each of the following:
(1) The secretary of state.
(2) The state board of accounts.
(3) The department of local government finance.
Sec. 2. If the voters of a county approve a public question under
section 1 of this chapter, the following apply:
(1) The county executive consists of one (1) individual.
(2) IC 36-2-2.5 applies in the county instead of IC 36-2-2.
(3) The county may not subsequently be governed by
IC 36-2-2.
(4) The county executive shall be elected at the 2012 general
election.
(5) The term of office of each member of the county executive
elected under IC 36-2-2 expires at the end of the day on
December 31, 2012.
(6) The county council consists of nine (9) members, four of
whom are elected from single member districts, five (5) of
whom are elected at-large.
(7) The county is subject to IC 36-2-3.7.
(8) This subdivision applies only to a county described in
section 1(c) or 1(d) of this chapter. The term of office of each
member of the county council expires at the end of the day on
December 31, 2012. The nine (9) members of the county
council shall be elected at the 2012 general election. The initial
terms of the members shall be as follows:
(A) Two (2) members elected from single-member districts
and two (2) members elected at-large shall serve two (2)
year terms beginning January 1, 2013, and expiring at the
end of the day on December 31, 2014. The successors of the
members shall be elected at the 2014 general election and
shall serve four (4) year terms.
(B) Two (2) members elected from single-member districts
and three (3) members elected at-large shall serve four (4)
year terms beginning January 1, 2013, and expiring at the
end of the day on December 31, 2016. The successors of the
members shall be elected at the 2016 general election and
shall serve four (4) year terms.
(9) This subdivision applies only to a county described in
section 1(b) of this chapter. The eighth and ninth members of
the council shall be elected at the 2012 general election for
four (4) year terms.
Sec. 3. (a) If the voters of a county disapprove a public question,
the voters of the county may file a written petition with the circuit
court clerk of the county requesting that a local public question
applicable to the county under section 1 of this chapter, be placed
on the ballot for the next general election. The petition must:
(1) be signed by at least five percent (5%) of the voters of the
county, as determined by the vote cast in the county for
secretary of state at the most recent general election;
(2) state the public question that applies to the county under
section 1 of this chapter; and
(3) be substantially in the form prescribed by the department
of local government finance.
The circuit court clerk shall certify the petition to the county
council of the county.
(b) If the requirements in subsection (a) are satisfied, the county
election board shall place the local public question on the ballot in
the county during the next general election.
(c) If the voters of the county approve the public question, the
following apply:
(1) The county executive consists of one (1) individual.
(2) IC 36-2-2.5 applies in the county instead of IC 36-2-2.
(3) The county may not subsequently be governed by
IC 36-2-2.
(4) The county executive shall be elected at the next general
election.
(5) The term of office of each member of the county executive
elected under IC 36-2-2 expires at the end of the day on
December 31 following the next general election.
(6) The county council consists of nine (9) members, four of
whom are elected from single member districts, five (5) of
whom are elected at-large.
(7) The county is subject to IC 36-2-3.7.
(8) This subdivision applies only to a county described in
section 1(c) or 1(d) of this chapter. The term of office of each
member of the county council expires at the end of the day on
December 31 following the next general election. The nine (9)
members of the county council shall be elected at the next
general election. The initial terms of the members shall be as
follows:
(A) Two (2) members elected from single member districts
and two (2) members elected at-large shall serve two (2)
year terms beginning the January 1 following the next
general election and expiring at the end of the day on
December 31. The successors of the members shall be
elected at a general election and shall serve four (4) year
terms.
(B) Two (2) members elected from single-member districts
and three (3) members elected at-large shall serve four (4)
year terms beginning the January 1 following the next
general election and expiring at the end of the day on
December 31. The successors of the members shall be
elected at a general election and shall serve four (4) year
terms.
(9) This subdivision applies only to a county described in
section 1(b) of this chapter. The eighth and ninth members of
the council shall be elected at the next general election for
four (4) year terms.".
seven hundred thousand (700,000).
One (1) member of the county council shall be elected by the voters
of each of the four (4) districts. Five (5) at-large members of the
county council shall be elected by the voters of the whole county.
(c) Single-member districts established under subsection (b)
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.
(d) A division under subsection (b) 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.
(e) A division under subsection (b) may be made in any
odd-numbered year not described in subsection (d).".