SB 448-12_ Filed 04/13/2009, 10:59 Torr


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 448 be amended to read as follows:

SOURCE: Page 10, line 42; (09)MO044816.10. -->     Page 10, after line 42, begin a new paragraph and insert:
SOURCE: IC 36-7-4-1210.5; (09)MO044816.8. -->     "SECTION 8. IC 36-7-4-1210.5, AS AMENDED BY P.L.39-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1210.5. (a) ADVISORY. As used in this section, "municipality" refers to the most populous municipality in the jurisdiction of the plan commission.
    (b) ADVISORY. This section applies to a plan commission operating under a joinder agreement:
        (1) in a county having a population of more than one hundred eighty thousand (180,000) but less than one hundred eighty-two thousand seven hundred ninety (182,790); and
        (2) containing:
            (A) a township having a population of more than eighteen thousand (18,000) but less than twenty-five thousand (25,000); or
            (B) a township having a population of more than nine thousand (9,000) but less than fifteen thousand (15,000).
    (c) ADVISORY. Notwithstanding section 1210 of this chapter, a plan commission described in subsection (b) shall have nine (9) members as follows:
        (1) Four (4) members who are residents of the municipality, to be appointed for four (4) year terms by the executive of the municipality.
        (2) Three (3) members who are residents of the municipality, to

be appointed for four (4) year terms by the legislative body of the municipality.
        (3) Two (2) members who are residents of the township, to be appointed for four (4) year terms by the township executive with the approval of the township legislative body.
     (d) If a municipality annexes the area in which a member appointed by a township under subsection (c)(3) resides, the member shall complete the remainder of the member's unexpired term.
    (d) (e) The joinder agreement expires if the municipality annexes the entire area of a township described in subsection (b)(2).
    (e) (f) A joinder agreement under this section may be terminated if:
        (1) the municipality adopts an ordinance terminating the joinder agreement;
        (2) before adopting the ordinance under subdivision (1), the municipality conducts a public hearing on the issue of terminating the joinder agreement; and
        (3) the executive of the municipality provides written notice to the township executive of the township subject to the joinder agreement that states the reason for the municipality's termination of the joinder agreement.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 448 as printed April 10, 2009.)

________________________________________

Representative Torr


MO044816/DI 51     2009