Second Regular Session 117th General Assembly (2012)
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SENATE ENROLLED ACT No. 193
AN ACT to amend the Indiana Code concerning local government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-8-1-33; (12)SE0193.1.1. -->
SECTION 1. IC 3-8-1-33, AS AMENDED BY P.L.201-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 33. (a) A candidate for an office listed in
subsection (b) must file a statement of economic interests.
(b) Whenever a candidate for any of the following offices is also
required to file a declaration of candidacy or is nominated by petition,
the candidate shall file a statement of economic interests before filing
the declaration of candidacy or declaration of intent to be a write-in
candidate, before the petition of nomination is filed, before the
certificate of nomination is filed, or before being appointed to fill a
candidate vacancy under IC 3-13-1 or IC 3-13-2:
(1) Governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, and state superintendent
of public instruction, in accordance with IC 4-2-6-8.
(2) Senator and representative in the general assembly, in
accordance with IC 2-2.1-3-2.
(3) Justice of the supreme court, judge of the court of appeals,
judge of the tax court, judge of a circuit court, judge of a superior
court, judge of a probate court, and prosecuting attorney, in
accordance with IC 33-23-11-14 and IC 33-23-11-15.
(4) A candidate for a local office or school board office, in
accordance with IC 3-8-9, except a candidate for a local office
described in subdivision (3).
SOURCE: IC 3-8-2-11; (12)SE0193.1.2. -->
SECTION 2. IC 3-8-2-11, AS AMENDED BY P.L.164-2006,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 11. (a) A declaration of candidacy may be
made by mail and is considered filed as of the date and hour the filing
occurs in the manner described by IC 3-5-2-24.5 in the office of the
election division or circuit court clerk.
(b) A declaration is not valid unless filed in the office of the election
division or circuit court clerk by noon on the seventy-fourth day before
a primary election.
(c) This subsection applies to a candidate required to file a
statement of economic interest interests under IC 2-2.1-3-2 or
IC 33-23-11-15 or a financial disclosure statement under IC 4-2-6-8.
This subsection does not apply to a candidate for a local office or
school board office required to file a statement of economic
interests under IC 3-8-9. The election division shall require the
candidate to produce a:
(1) copy of the statement, file stamped by the office required to
receive the statement of economic interests; or
(2) receipt showing that the statement has been filed;
before the election division accepts the declaration for filing. The
election division shall reject a filing that does not comply with this
subsection.
(d) This subsection applies to a candidate for a local office or
school board office required to file a statement of economic
interests under IC 3-8-9. The circuit court clerk shall reject a
declaration of candidacy that does not include a statement of
economic interests.
SOURCE: IC 3-8-9; (12)SE0193.1.3. -->
SECTION 3. IC 3-8-9 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]:
Chapter 9. Statements of Economic Interests for Local and
School Board Offices
Sec. 1. This chapter applies only to candidates for local or school
board offices elected after December 31, 2012.
Sec. 2. As used in this chapter, "filer" refers to an individual
who files a statement of economic interests under this chapter.
Sec. 3. As used in this chapter, "statement" refers to the
statement of economic interests required to be filed under this
chapter.
Sec. 4. A candidate for a local office or school board office shall
file a written statement of economic interests as provided in this
chapter.
Sec. 5. An individual required to file a statement under section
4 of this chapter shall file the statement as follows:
(1) With the individual's:
(A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
(B) petition of nomination under IC 3-8-2.5 or IC 3-8-6;
(C) declaration of intent to be a write-in candidate under
IC 3-8-2-2.5; or
(D) certificate of candidate selection under IC 3-13-1 or
IC 3-13-2.
(2) When the individual assumes a vacant elected office under
IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, or IC 3-13-11. A
statement filed under this subdivision must be filed not later
than noon sixty (60) days after the individual assumes the
elected office.
Sec. 6. The circuit court clerk shall reject a declaration of
candidacy, petition of nomination, declaration of intent to be a
write-in candidate, or certificate of candidate selection that does
not include the statement.
Sec. 7. A statement must be made under affirmation.
Sec. 8. A statement must set forth the following information for
the preceding calendar year:
(1) The following information for each employer of the filer
and each employer of the filer's spouse:
(A) The name of the employer.
(B) The nature of the employer's business.
For purposes of this subdivision, "employer" means any
person from whom the filer or the filer's spouse received more
than thirty-three percent (33%) of the filer's or the filer's
spouse's income.
(2) The following information about any sole proprietorship
owned or professional practice operated by the filer:
(A) The name of the sole proprietorship or professional
practice.
(B) The nature of the business of the sole proprietorship or
professional practice.
(3) The name of any partnership or limited liability company
in which the filer or the filer's spouse is a member and the
nature of the business of the partnership or limited liability
company.
(4) The name of a corporation (other than a church) of which
the filer or the filer's spouse is an officer or a director and the
nature of the corporation's business.
Sec. 9. The commission shall prescribe the form of the
statement.
SOURCE: IC 36-2-2-5; (12)SE0193.1.4. -->
SECTION 4. IC 36-2-2-5, AS AMENDED BY P.L.225-2011,
SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) To be eligible for election to the
executive, a person must meet the qualifications prescribed by
IC 3-8-1-21.
(b) A member of the executive must reside within:
(1) the county as provided in Article 6, Section 6 of the
Constitution of the State of Indiana; and
(2) the district from which the member was elected.
(c) Except as provided in subsection (e), If the person does not
remain a resident of the county and district after taking office, the
person forfeits the office. The county fiscal body shall declare the
office vacant whenever a member of the executive forfeits office under
this subsection.
(d) In 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);
one (1) member of the executive shall be elected by the voters of each
of the three (3) single-member districts established under section 4(b)
or 4(c) of this chapter. In other counties, all three (3) members of the
executive shall be elected by the voters of the whole county.
(e) This subsection applies to a member of the executive who must
reside within the district from which the member was elected. A person
who:
(1) has begun a term of office as a member of the executive; and
(2) is relocated outside the member's district as the result of the
state's acquisition of the member's residence for a public use;
may complete the member's term of office as long as the member
remains a resident of the county that contains the member's district.
SOURCE: IC 36-2-3-5; (12)SE0193.1.5. -->
SECTION 5. IC 36-2-3-5, AS AMENDED BY P.L.225-2011,
SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) To be eligible to serve as a member of
the fiscal body, a person must meet the qualifications prescribed by
IC 3-8-1-22.
(b) A member of the fiscal body must reside within:
(1) the county as provided in Article 6, Section 6 of the
Constitution of the State of Indiana; and
(2) the district from which the member was elected, if applicable.
(c) Except as provided in subsection (d), A member who fails to
comply with subsection (b) forfeits the office.
(d) This subsection applies to a member of the fiscal body who must
reside within the district from which the member was elected. A person
who:
(1) has begun a term of office as a member of the fiscal body; and
(2) is relocated outside the member's district as the result of the
state's acquisition of the member's residence for a public use;
may complete the member's term of office as long as the member
remains a resident of the county that contains the member's district.
SOURCE: ; (12)SE0193.1.6. -->
SECTION 6.
An emergency is declared for this act.
SEA 193 _ Concur
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