Bill Text: IN HB1037 | 2010 | Regular Session | Introduced
Bill Title: Officeholder qualifications.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Rules and Legislative Procedures [HB1037 Detail]
Download: Indiana-2010-HB1037-Introduced.html
Introduced Version
HOUSE BILL No. 1037
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-1-8-10.5.
Synopsis: Officeholder qualifications. Prohibits a county, city, or town
employee from being a candidate for or serving on the legislative or
fiscal body of the county, city, or town that employs the employee.
Allows a county, city, or town employee serving on a fiscal or
legislative body on July 1, 2010, to serve the remainder of the
member's term.
Effective: July 1, 2010.
Saunders
January 5, 2010, read first time and referred to Committee on Rules and Legislative
Procedures.
Introduced
Second Regular Session 116th General Assembly (2010)
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HOUSE BILL No. 1037
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 36-1-8-10.5; (10)IN1037.1.1. -->
SECTION 1. IC 36-1-8-10.5, AS AMENDED BY P.L.1-2005,
SECTION 231, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 10.5. (a) This section does not
apply to the following:
(1) An elected or appointed officer.
(2) An individual described in IC 20-26-4-11.
(b) Except as provided in subsection (c), an employee of a political subdivision may:
(1) be a candidate for any elected office and serve in that office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as an employee of the political subdivision.
(c) An employee of a county, city, or town may not be a candidate for membership on or serve as a member of the legislative or fiscal body of the county, city, or town that employs the employee unless the employee resigns as an employee of the county, city, or town.
(d) Notwithstanding subsection (c), a person who, on July 1, 2010, is:
(1) an employee of a county, city, or town; and
(2) a member of the fiscal or legislative body of the county, city, or town that employs the person;
is entitled to serve as a member of the fiscal or legislative body through the remainder of the member's term without having to resign as an employee of the county, city, or town. This subsection expires July 1, 2014.
(1) An elected or appointed officer.
(2) An individual described in IC 20-26-4-11.
(b) Except as provided in subsection (c), an employee of a political subdivision may:
(1) be a candidate for any elected office and serve in that office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as an employee of the political subdivision.
(c) An employee of a county, city, or town may not be a candidate for membership on or serve as a member of the legislative or fiscal body of the county, city, or town that employs the employee unless the employee resigns as an employee of the county, city, or town.
(d) Notwithstanding subsection (c), a person who, on July 1, 2010, is:
(1) an employee of a county, city, or town; and
(2) a member of the fiscal or legislative body of the county, city, or town that employs the person;
is entitled to serve as a member of the fiscal or legislative body through the remainder of the member's term without having to resign as an employee of the county, city, or town. This subsection expires July 1, 2014.
