Bill Text: IN SB0014 | 2012 | Regular Session | Introduced
Bill Title: Local government reorganizations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Local Government [SB0014 Detail]
Download: Indiana-2012-SB0014-Introduced.html
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 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: January 1, 2013.
January 4, 2012, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
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(1) proposes a reorganization; and
(2) names the political subdivisions that would be reorganized in the proposed reorganization.
(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.
(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.
(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.
(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.
(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.
(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)
(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;
(C) the county, excluding the voters of the reorganizing municipalities;
voting on the public question.
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.
(b) This SECTION expires January 1, 2015.
