February 11, 2011
SENATE BILL No. 68
_____
DIGEST OF SB 68
(Updated February 9, 2011 6:47 pm - DI 87)
Citations Affected: IC 36-4.
Synopsis: Changing a town into a city. Requires a town legislative
body to adopt a resolution not later than 30 days after a petition is filed
for a referendum on changing the town into a city. Provides that the
date of the referendum must not be later than the date of the next
general or municipal election, whichever is earlier, at which a question
may be placed on the ballot. Provides that with regard to a petition filed
before July 1, 2011, for which a referendum has not been conducted,
the referendum must be held at the municipal election in November
2011. Requires the first election of city officers to be held on the earlier
of the date of the next general election or a municipal election
following the date of the referendum.
Effective: July 1, 2011.
Gard
January 5, 2011, read first time and referred to Committee on Local Government.
February 10, 2011, reported favorably _ Do Pass.
February 11, 2011
First Regular Session 117th General Assembly (2011)
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SENATE BILL No. 68
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 36-4-1.5-2; (11)SB0068.1.1. -->
SECTION 1. IC 36-4-1.5-2, AS ADDED BY P.L.111-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2.
(a) A town may be changed into a city through
the following:
(1) The town legislative body must adopt a resolution submitting
to the town's voters the question of whether the town should be
changed into a city. The town legislative body shall adopt a
resolution described in this subdivision if at least the number of
registered voters of the town equal to ten percent (10%) of the
total votes cast in the town at the last election for secretary of
state sign a petition requesting the town legislative body to adopt
such a resolution. In determining the number of signatures
required under this subdivision, any fraction that exceeds a whole
number shall be disregarded.
(2)
The town legislative body must adopt the resolution under
subdivision (1) not later than thirty (30) days after the date a
petition having a sufficient number of signatures is filed. A
resolution adopted under subdivision (1) must fix the date for an
election on the question of whether the town should be changed
into a city as follows:
(A) If the election is to be on the same date as a general
election or municipal election:
(i) the resolution must state that fact and be certified in
accordance with IC 3-10-9-3; and
(ii) the election must be held on the date of the next
general election or municipal election, whichever is
earlier, at which the question can be placed on the ballot
under IC 3-10-9-3.
(B) If the election is to be a special election, the date must be:
(A) (i) not less than thirty (30) and (B) not more than sixty
(60) days after the notice of the election; and
(ii) not later than the next general election or municipal
election, whichever is earlier, at which the question can
be placed on the ballot under IC 3-10-9-3.
If the election is to be on the same date as a general election the
resolution must state that fact and be certified in accordance with
IC 3-10-9-3.
(3) The town legislative body shall file a copy of the resolution
adopted under subdivision (1) with the circuit court clerk of each
county in which the town is located. The circuit court clerk shall
immediately certify the resolution to the county election board.
(4) The county election board shall give notice of the election in
the manner prescribed by IC 3-8-2-19. IC 3-10-6 applies to the
election.
(5) The question described in subdivision (1) shall be placed on
the ballot in the form prescribed by IC 3-10-9-4. The text of the
question shall be: "Shall the town of _________ change into a
city?".
(6) If a majority of the voters voting on the question described in
subdivision (1) vote "yes", the town is changed into a city as
provided in this chapter. If a majority of the voters voting on the
question vote "no", the town remains a town.
(b) This subsection applies only to a town in which:
(1) a petition meeting the requirements of subsection (a)(1) is
filed with the town legislative body before July 1, 2011; and
(2) an election has not been held under subsection (a) as a
result of the petition.
Not later than July 15, 2011, the town legislative body shall adopt
and file a resolution with the circuit court clerk as set forth in
subsection (a). The resolution must fix the date for an election on
the question of whether the town should be changed into a city as
the date of the municipal general election in November 2011. A
resolution adopted by the town legislative body in accordance with
this subsection voids any previous resolutions adopted by the town
legislative body as a result of the petition described in subdivision
(1).
SOURCE: IC 36-4-1.5-3; (11)SB0068.1.2. -->
SECTION 2. IC 36-4-1.5-3, AS ADDED BY P.L.111-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) A town legislative body may satisfy the
requirements of this section in an ordinance adopted either before or
after the town's voters vote on the question described in section 2 of
this chapter.
(b) If a resolution is adopted under section 2 of this chapter, the
town legislative body shall adopt an ordinance providing for the
transition from governance as a town to governance as a city. The
ordinance adopted under this section must include the following
details:
(1) A division of the town into city legislative body districts as
provided in the applicable provisions of IC 36-4-6.
(2) Provisions for the election of the following officers:
(A) The city executive.
(B) The members of the city legislative body.
(C) The city clerk or city clerk-treasurer as appropriate under
IC 36-4-10.
(3) The date of the first election of the city officers. The first
election may be held only on the date of
a the next general
election or a municipal election,
whichever is earlier, following
the date fixed for an election under section 2 of this chapter on
the question of whether the town should be changed into a
city. Candidates for election to the city offices shall be
nominated:
(A) at the corresponding primary election during a general
election year or a municipal election year; or
(B) as otherwise provided in IC 3.
(4) Subject to section 4 of this chapter, the term of office of each
city officer elected at the first election of city officers.
(5) Any other details the town legislative body considers useful in
providing for the transition of the town into a city.
(c) An ordinance adopted under this section is effective only if the
voters of the town approve the conversion of the town into a city under
section 2(6) of this chapter.
(d) The provisions of an ordinance adopted under this section are
subject to all other laws governing the structure of city government.
(e) Subject to this chapter, the town legislative body or the city
legislative body (after the town is changed into a city) may amend an
ordinance adopted under this section.