HB 1230-1_ Filed 03/19/2009, 09:28
Adopted 3/19/2009
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Local Government, to which was referred House Bill No. 1230,
has had the same under consideration and begs leave to report the same back to the Senate
with the recommendation that said bill be AMENDED as follows:
SOURCE: Page 2, line 14; (09)CR123001.2. -->
Page 2, delete lines 14 through 32, begin a new line block indented
and insert:
" (3) After December 31, 2009, a newspaper or qualified
publication may, effective January 1 of any year, increase the
basic charges that were in effect during the previous year by
the least of the following:
(A) An amount equal to the average of the annual
percentage change in the Consumer Price Index for all
Urban Consumers (or any successor index), as published
by the United States Bureau of Labor Statistics, for each
twelve (12) month period ending June 30 of the preceding
six (6) years.
(B) Two percent (2%).
(C) The maximum annual percentage increase in the
spending of political subdivisions for the year under any
spending cap limit enacted into law. However, this clause
does not apply if such a cap or limit has not been enacted.".
Page 3, between lines 38 and 39, begin a new paragraph and insert:
" (d) A newspaper may not charge a fee for posting a notice on
the newspaper's Internet web site under this section.".
Page 11, after line 9, begin a new paragraph and insert:
SOURCE: IC 36-4-9-6; (09)CR123001.11. -->
"SECTION 11. IC 36-4-9-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) This section
applies only to second class cities.
(b) The city executive shall appoint:
(1) a city controller;
(2) a city civil engineer;
(3) a corporation counsel;
(4) a chief of the fire department;
(5) a chief of the police department; and
(6) other officers, employees, boards, and commissions required
by statute.
(c) The board of public works and safety may be composed of three
(3) members or five (5) members appointed by the executive. A
member may hold other appointive positions in city government during
the member's tenure. IC 36-4-11-2 applies to board member
appointments under this section. The executive shall appoint a clerk for
the board.
(d) If the board of public works and board of public safety are
established as separate boards, each board may be composed of three
(3) members or five (5) members who are appointed by the executive.
A member may hold other appointive positions in city government
during the member's tenure. The executive shall appoint a clerk for
each board.
(e) If the executive:
(1) increases the number of members of a board of public
works and safety, a board of public works, or a board of
public safety from three (3) to five (5) members; or
(2) decreases the number of members of a board of public
works and safety, a board of public works, or a board of
public safety from five (5) to three (3) members;
the city shall publish notice under IC 5-3-1 of the increase or
decrease in members and state the total number of members
appointed to the board.
SOURCE: IC 36-4-9-8; (09)CR123001.12. -->
SECTION 12. IC 36-4-9-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) This section
applies only to third class cities.
(b) The city executive shall appoint:
(1) a city civil engineer;
(2) a city attorney;
(3) a chief of the fire department;
(4) a chief of the police department; and
(5) other officers, employees, boards, and commissions required
by statute.
(c)
The board of public works and safety consists of three (3) or
five (5) members (as determined by the city executive). The
members of the board of public works and safety are:
(1) the city executive; and
(2) two (2)
or four (4) persons appointed by the executive.
If the executive increases the number of board members from
three (3) to five (5) members or decreases the number of board
members from five (5) to three (3) members, the city shall publish
notice under IC 5-3-1 of the increase or decrease in members and
state the total number of members appointed to the board.
IC 36-4-4-2 notwithstanding, a member may hold other appointive or
elective positions in city government during the member's tenure.
IC 36-4-11-2 applies to board member appointments under this section.
The city clerk is the clerk of the board.
(d) If the city legislative body adopts an ordinance under IC 36-4-12
to employ a city manager, the executive may appoint the city manager
to a position on the board of public works and safety in place of the
executive.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1230 as printed February 20, 2009.)
and when so amended that said bill do pass.
Committee Vote: Yeas 10, Nays 0.
____________________________________
Lawson C
CR123001/DI 87 2009