Bill Text: IN HB1159 | 2010 | Regular Session | Introduced


Bill Title: City legislative body membership qualifications.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-07 - First reading: referred to Committee on Government and Regulatory Reform [HB1159 Detail]

Download: Indiana-2010-HB1159-Introduced.html


Introduced Version






HOUSE BILL No. 1159

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 36-1-8-10.5; IC 36-4-4.

Synopsis: City legislative body membership qualifications. Provides that a city employee is considered to have resigned from employment with the city if the employee becomes a member of the city legislative body. Provides that the restriction applies to a city employee who becomes a member of the city legislative body after June 30, 2010. Provides that the restriction does not apply to a city employee who is a member of the city legislative body on June 30, 2010, and continues to hold or be reelected to that office. Provides that the restriction does not prohibit a city employee from holding an elected office of a political subdivision other than the city that employs the employee.

Effective: July 1, 2010.





Stemler




    January 7, 2010, read first time and referred to Committee on Government and Regulatory Reform.







Introduced

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1159



    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)IN1159.1.1. -->     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) Subject to IC 36-4-4-2.5, 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.
SOURCE: IC 36-4-4-2; (10)IN1159.1.2. -->     SECTION 2. IC 36-4-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) The powers of a city are divided between the executive and legislative branches of its government. A power belonging to one (1) branch of a city's government may not be exercised by the other branch.
    (b) Subject to section 2.5 of this chapter, a city employee other than an elected or appointed public officer may:
        (1) be a candidate for any elective 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 a city employee.
SOURCE: IC 36-4-4-2.5; (10)IN1159.1.3. -->     SECTION 3. IC 36-4-4-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2.5. (a) This section applies to a city employee who, after June 30, 2010, assumes office as a member of the city's legislative body.
    (b) This section does not apply to a city employee who, on June 30, 2010, is a member of the legislative body of the city that employs the individual, as long as the individual continues to:
        (1) hold; or
        (2) be reelected to;
the city's legislative body.
    (c) As used in this section, "employee" refers to a city employee. The term does not include an individual who holds only an elected office of the city.
    (d) An individual is considered to have resigned as a city employee when the individual assumes office as a member of the legislative body of the city that employs the individual.
    (e) This section does not prohibit a city employee from holding an elected office of a political subdivision other than the city that employs the employee.

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