Introduced Version
SENATE BILL No. 19
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-1.5-4.
Synopsis: Local government reorganizations. Requires (rather than
allows) the use of a "rejection threshold" in the case of a proposed local
government reorganization involving a county and a municipality.
(Under current law, the use of a rejection threshold that must be
satisfied by both the voters of the municipality and by the county voters
outside the municipality is optional.) Specifies that in such a proposed
reorganization, the rejection threshold (the percentage of the vote
needed to reject the proposed reorganization) may not exceed 50% of
the vote in the municipality or 50% of the vote in the area of the county
outside the municipality.
Effective: Upon passage.
Tomes
January 7, 2013, read first time and referred to Committee on Local Government.
Introduced
First Regular Session 118th General Assembly (2013)
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SENATE BILL No. 19
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-1.5-4-10; (13)IN0019.1.1. -->
SECTION 1. IC 36-1.5-4-10, AS ADDED BY P.L.186-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) The legislative body of a political
subdivision may initiate a proposed reorganization under this chapter
by adopting a resolution that:
(1) proposes a reorganization;
and
(2) names the political subdivisions that would be reorganized in
the proposed reorganization.
and
(3) only in the case of a proposed reorganization described in
section 1(a)(9) of this chapter, states whether the vote on the
public question regarding the reorganization shall be:
(A) conducted on a countywide basis under section 30(b) of
this chapter, without a rejection threshold; or
(B) conducted on a countywide basis under section 30(b) of
this chapter, with a rejection threshold.
(b) The clerk of the political subdivision adopting the resolution
shall certify the resolution to the clerk of each political subdivision
named in the resolution.
SOURCE: IC 36-1.5-4-12; (13)IN0019.1.2. -->
SECTION 2. IC 36-1.5-4-12, AS ADDED BY P.L.186-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. (a) If a petition is certified to the
legislative body of a political subdivision under section 11 of this
chapter, the legislative body shall conduct a public hearing on the
proposed reorganization not sooner than five (5) days after publishing
a notice of the public hearing under IC 5-3-1. Not more than thirty (30)
days after the conclusion of the public hearing the legislative body shall
adopt a resolution, substantially in the form prescribed by the
department of local government finance, to do any of the following:
(1) Decline to participate in the proposed reorganization.
(2) Propose a reorganization with the political subdivisions named
in the petition.
(3) Propose a reorganization with political subdivisions that differ
in part or in whole from the political subdivisions named in the
petition.
(b) In the case of a resolution adopted under this section proposing
a reorganization described in section 1(a)(9) of this chapter, the
resolution must also state whether the vote on the public question
regarding the reorganization shall be:
(1) conducted on a countywide basis under section 30(b) of this
chapter, without a rejection threshold; or
(2) conducted on a countywide basis under section 30(b) of this
chapter, with a rejection threshold.
(c) (b) The clerk of the political subdivision adopting a resolution
proposing a reorganization under this section shall certify the
resolution to the clerk of each political subdivision named in the
resolution.
SOURCE: IC 36-1.5-4-13; (13)IN0019.1.3. -->
SECTION 3. IC 36-1.5-4-13, AS ADDED BY P.L.186-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) The legislative body of a political
subdivision that receives a certified resolution under section 10 or 12
of this chapter may do any of the following:
(1) Adopt a resolution declining to participate in a proposed
reorganization.
(2) Adopt a substantially identical resolution proposing to
participate in a proposed reorganization with the political
subdivisions named in a resolution certified to the political
subdivision.
(3) Adopt a resolution proposing to participate in a proposed
reorganization with political subdivisions that differ in part or in
whole from the political subdivisions named in a resolution
certified to the political subdivision.
(b) In the case of a resolution adopted under this section proposing
to participate in a proposed reorganization described in section 1(a)(9)
of this chapter, the resolution must also state whether the vote on the
public question regarding the reorganization shall be:
(1) conducted on a countywide basis under section 30(b) of this
chapter, without a rejection threshold; or
(2) conducted on a countywide basis under section 30(b) of this
chapter, with a rejection threshold.
(c) (b) The clerk of the political subdivision adopting a resolution
proposing a reorganization under this section shall certify the
resolution to the clerk of each political subdivision named in the
resolution.
SOURCE: IC 36-1.5-4-18; (13)IN0019.1.4. -->
SECTION 4. IC 36-1.5-4-18, AS AMENDED BY P.L.113-2010,
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 18. (a) A reorganization
committee shall prepare a comprehensive plan of reorganization for the
reorganizing political subdivisions. The plan of reorganization governs
the actions, duties, and powers of the reorganized political subdivision
that are not specified by law.
(b) The plan of reorganization must include at least the following:
(1) The name and a description of the reorganized political
subdivision that will succeed the reorganizing political
subdivisions.
(2) A description of the boundaries of the reorganized political
subdivision.
(3) Subject to section 40 of this chapter, a description of the
taxing areas in which taxes to retire obligations of the
reorganizing political subdivisions will be imposed.
(4) A description of the membership of the legislative body, fiscal
body, and executive of the reorganized political subdivision, a
description of the election districts or appointment districts from
which officers will be elected or appointed, and the manner in
which the membership of each elected or appointed office will be
elected or appointed.
(5) A description of the services to be offered by the reorganized
political subdivision and the service areas in which the services
will be offered.
(6) The disposition of the personnel, the agreements, the assets,
and, subject to section 40 of this chapter, the liabilities of the
reorganizing political subdivisions, including the terms and
conditions upon which the transfer of property and personnel will
be achieved.
(7) Any other matter that the:
(A) reorganization committee determines to be necessary or
appropriate; or
(B) legislative bodies of the reorganizing political subdivisions
require the reorganization committee;
to include in the plan of reorganization.
(8) In the case of a reorganization described in section 1(a)(9) of
this chapter, if the legislative bodies of the reorganizing political
subdivisions have specified that the vote on the public question
regarding the reorganization shall be conducted on a countywide
basis under section 30(b) of this chapter with a rejection
threshold, the reorganization committee shall include in the
reorganization plan a rejection threshold, specified as a
percentage, that applies for purposes of section 32(b) of this
chapter. The rejection threshold must be the same for each
municipality that is a party to the proposed reorganization and to
the county that is a party to the proposed reorganization. The
rejection threshold may not exceed fifty percent (50%).
(9) In the case of a reorganization described in section 1(a)(9) of
this chapter, the reorganization committee shall determine and
include in the reorganization plan the percentage of voters voting
on the public question regarding the proposed reorganization who
must vote, on a countywide basis, in favor of the proposed
reorganization for the public question to be approved. This
percentage is referred to in this chapter as the "countywide vote
approval percentage". The countywide vote approval percentage
must be greater than fifty percent (50%).
(10) The statement required by subsection (e). (d).
(c) In the case of a reorganization described in section 1(a)(9) of this
chapter, the reorganization committee may not change the decision of
the legislative bodies of the reorganizing political subdivisions
regarding whether the vote on the public question regarding the
reorganization shall be conducted on a countywide basis without a
rejection threshold or with a rejection threshold.
(d) (c) Upon completion of the plan of reorganization, the
reorganization committee shall present the plan of reorganization to the
legislative body of each of the reorganizing political subdivisions for
adoption. The initial plan of reorganization must be submitted to the
legislative body of each of the reorganizing political subdivisions not
later than one (1) year after the clerk of the last political subdivision
that adopts a reorganization resolution under this chapter has certified
the resolution to all of the political subdivisions named in the
resolution. In the case of a plan of reorganization submitted to a
political subdivision by a reorganization committee after June 30, 2010,
the political subdivision shall post a copy of the plan of reorganization
on an Internet web site maintained or authorized by the political
subdivision not more than thirty (30) days after receiving the plan of
reorganization from the reorganization committee.
(e) (d) A reorganization committee must include in the plan of
reorganization submitted to a political subdivision after June 30, 2010,
a statement of:
(1) whether a fiscal impact analysis concerning the proposed
reorganization has been prepared or has not been prepared by or
on behalf of the reorganization committee; and
(2) whether a fiscal impact analysis concerning the proposed
reorganization has been made available or has not been made
available to the public by or on behalf of the reorganization
committee.
SOURCE: IC 36-1.5-4-23.5; (13)IN0019.1.5. -->
SECTION 5. IC 36-1.5-4-23.5, AS ADDED BY P.L.186-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 23.5. The following apply if the legislative
bodies of all political subdivisions that have been presented with a plan
of reorganization under
section 18(d) section 18(c) of this chapter have
not adopted a plan of reorganization, either as presented by the
reorganization committee or as modified by all of the political
subdivisions, within one (1) year after the initial plan of reorganization
is presented:
(1) Not later than one (1) month after the end of the one (1) year
period in which the legislative bodies must adopt a plan of
reorganization, the reorganization committee shall submit a final
plan of reorganization to the legislative bodies of the political
subdivisions.
(2) Not later than one (1) month after receiving the final plan of
reorganization under subdivision (1), each of the legislative
bodies must:
(A) hold a hearing on the final plan of reorganization; and
(B) adopt either a resolution approving the final plan of
reorganization or a resolution rejecting the final plan of
reorganization.
If a legislative body does not adopt a resolution under this
subdivision within the one (1) month period, the failure to adopt
a resolution is considered to be an approval of the final plan of
reorganization.
(3) If a legislative body adopts a resolution approving the final
plan of reorganization, the legislative body shall certify its
approval under section 23 of this chapter.
(4) If any of the legislative bodies adopts a resolution rejecting the
final plan of reorganization, the registered voters of a political
subdivision in which the final plan of reorganization was rejected
by a legislative body under subdivision (2) may submit a petition
to the clerk of the circuit court approving the final plan of
reorganization and requesting that a public question be held on
the final plan of reorganization. The petition must be submitted
not later than one hundred eighty (180) days after the legislative
body voted to reject the final plan of reorganization. If the petition
is signed by at least ten percent (10%) of the voters of the political
subdivision, as determined by the vote cast in the political
subdivision for secretary of state at the most recent general
election:
(A) the political subdivision is considered to have approved
the holding of the public question on the final plan of
reorganization, notwithstanding the vote by the legislative
body rejecting the final plan of reorganization; and
(B) the clerk of the circuit court shall certify approval of the
final plan of the reorganization and the holding of the public
question in the manner specified in section 23 of this chapter.
SOURCE: IC 36-1.5-4-30; (13)IN0019.1.6. -->
SECTION 6. IC 36-1.5-4-30, AS ADDED BY P.L.186-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 30. (a) Except as provided in subsection (b),
at the same time that election results are certified under IC 3, the circuit
court clerk of each of the counties in which a public question under this
chapter is on the ballot shall jointly issue, in the form prescribed by the
state election board, a certificate declaring whether the public question
is approved or rejected by a majority of the voters voting on the public
question in each of the reorganizing political subdivisions. In addition
to any other requirements in IC 3 concerning filing of the certification,
the certification shall be sent to each of the following:
(1) The clerk of each of the reorganizing political subdivisions.
(2) The county auditor of each county in which a reorganizing
political subdivision is located.
(3) The county recorder of each county in which a reorganizing
political subdivision is located.
(4) The state board of accounts.
(5) The department of local government finance.
(6) The department of state revenue.
(7) The budget agency.
(8) If any of the reorganizing political subdivisions is a school
corporation, the department of education.
(b) In the case of a public question on a reorganization described in
section 1(a)(9) of this chapter:
(1) the public question on a plan of reorganization shall be placed
on the ballot for consideration by the voters of the entire county;
(2) the vote on the public question by the voters of the entire
county shall be tabulated;
(3) if the legislative bodies of the reorganizing political
subdivisions have agreed that the vote on the public question shall
be conducted with a rejection threshold, the vote on the public
question by the voters of:
(A) each reorganizing municipality; and
(B) the county (excluding the voters of the reorganizing
municipalities);
shall also be tabulated separately; and
(4) the circuit court clerk shall issue, in a form prescribed by the
state election board, separate certificates regarding whether the
public question is approved or rejected by the voters of:
(A) the entire county;
(B) each reorganizing municipality; (if the legislative bodies
of the reorganizing political subdivisions have agreed that the
vote on the public question shall be conducted with a rejection
threshold); and
(C) the county, excluding the voters of the reorganizing
municipalities; (if the legislative bodies of the reorganizing
political subdivisions have agreed that the vote on the public
question shall be conducted with a rejection threshold);
voting on the public question.
SOURCE: IC 36-1.5-4-32; (13)IN0019.1.7. -->
SECTION 7. IC 36-1.5-4-32, AS ADDED BY P.L.186-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 32. (a) This subsection does not apply to a
reorganization described in section 1(a)(9) of this chapter. A
reorganization as specified in the plan of reorganization is approved if
a majority of the voters in each reorganizing political subdivision
voting on the public question approve the public question on the
reorganization. The vote of voters of a reorganizing political
subdivision (for example, a city) who also are voters in a second
reorganizing political subdivision (for example, a township) that is
geographically larger than the first political subdivision and that
includes the territory of the first political subdivision shall be included
only in the tally of votes for the first reorganizing political subdivision
in which the voters reside.
(b) This subsection applies only to a reorganization described in
section 1(a)(9) of this chapter. The reorganization is approved only if:
(1) the percentage of voters voting on the public question who
vote, on a countywide basis, in favor of the proposed
reorganization is at least equal to the countywide vote approval
percentage specified in the final reorganization plan;
(2) if the legislative bodies of the reorganizing political
subdivisions have agreed that the vote on the public question shall
be conducted with a rejection threshold, the percentage of voters
of the county (excluding the voters of the reorganizing
municipalities) voting on the public question who vote against the
reorganization is less than the rejection threshold included in the
final reorganization plan; and
(3) if the legislative bodies of the reorganizing political
subdivisions have agreed that the vote on the public question shall
be conducted with a rejection threshold, the percentage of voters
of each reorganizing municipality voting on the public question
who vote against the reorganization is less than the rejection
threshold included in the final reorganization plan.
If the reorganization is not approved, the reorganization is terminated.
If the legislative bodies of the reorganizing political subdivisions have
agreed that the vote in the public question shall be conducted with a
rejection threshold, then In tabulating the votes under subdivisions (2)
and (3), the vote of voters of a reorganizing municipality who also are
voters in the county shall be included only in the tally of votes for the
municipality in which the voters reside.
SOURCE: ; (13)IN0019.1.8. -->
SECTION 8. [EFFECTIVE UPON PASSAGE] (a) IC 36-1.5-4-10,
IC 36-1.5-4-12, IC 36-1.5-4-13, IC 36-1.5-4-18, IC 36-1.5-4-23.5,
IC 36-1.5-4-30, and IC 36-1.5-4-32, all as amended by this act,
apply to proposed reorganizations under IC 36-1.5 that are voted
on by voters of a reorganizing political subdivision after the
effective date of this act, regardless of when the plan of
reorganization is adopted.
(b) This SECTION expires January 1, 2016.
SOURCE: ; (13)IN0019.1.9. -->
SECTION 9.
An emergency is declared for this act.