Bill Text: IN SB0055 | 2012 | Regular Session | Introduced
Bill Title: Local government reorganization.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-01-04 - Senators Walker and Head added as coauthors [SB0055 Detail]
Download: Indiana-2012-SB0055-Introduced.html
Citations Affected: IC 36-1.5-4.
Synopsis: Local government reorganization. Provides that in the case
of a proposed governmental reorganization that is on the ballot after
June 30, 2012, and that involves a county and a municipality, the
proposed reorganization is approved if: (1) a majority of the voters in
the county voting on the public question (on a countywide basis) vote
in favor of the proposed reorganization; and (2) in the case of a vote
being conducted with a "rejection threshold", a majority of the voters
of the county (excluding the voters of the reorganizing municipalities)
voting on the public question vote in favor of the proposed
reorganization and a majority of the voters of each reorganizing
municipality voting on the public question also vote in favor of the
proposed reorganization. (Under current law governing reorganizations
involving a county and a municipality: (1) the percentage of the
countywide vote that must approve the proposed reorganization may be
set at a higher percentage than a majority vote; and (2) if the vote is
being conducted with a rejection threshold, the thresholds for approval
by county voters (excluding voters in the reorganizing municipalities)
and for approval by voters of the reorganizing municipalities may also
be set at a higher percentage than a majority vote.)
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Local Government.
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(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.
(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) (8) The statement required by subsection (e).
(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) 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) 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.
(b)
(1) In the case of a public question on the ballot before July 1, 2012, the reorganization is approved only if:
(2) In the case of a public question on the ballot after June 30, 2012, the reorganization is approved only if:
(A) a majority of the voters in the county voting on the public question vote (on a countywide basis) in favor of the proposed reorganization;
(B) the legislative bodies of the reorganizing political subdivisions have agreed that the vote on the public question shall be conducted with a rejection threshold, a majority of the voters of the county (excluding the voters of the reorganizing municipalities) voting on the public question vote in favor of the proposed reorganization; and
(C) the legislative bodies of the reorganizing political subdivisions have agreed that the vote on the public question shall be conducted with a rejection threshold, a majority of the voters of each reorganizing municipality voting on the public question vote in favor of the proposed reorganization.
(c) 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), subsections (b)(1)(B), (b)(1)(C), (b)(2)(B),
and (b)(2)(C), 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.
