Bill Text: IN SB0174 | 2012 | Regular Session | Amended
Bill Title: Local government reorganization.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2012-02-09 - First reading: referred to Committee on Government and Regulatory Reform [SB0174 Detail]
Download: Indiana-2012-SB0174-Amended.html
Citations Affected: IC 36-1.5; IC 36-4; IC 36-7.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Local Government.
January 19, 2012, amended, reported favorably _ Do Pass.
Digest Continued
(1) evaluate whether the description of the reorganized political subdivision is accurate and not biased; and (2) make nonbinding recommendations to the county election board regarding the ballot language. Requires the county election board to take final action to approve the ballot language. Provides that certification of a public question on a proposed local government reorganization must occur as required for other public questions under the election law. Provides that in the case of a proposed reorganization between a municipality and a township that is voted on by voters after December 31, 2012: (1) the voters residing within the municipality shall be included only in the tally of votes for the municipality and shall not be included in the tally of votes for the township; and (2) the voters who reside within the township but do not reside within the municipality shall be included only in the tally of votes for the township and shall not be included in the tally of votes for the municipality. Provides that if a political subdivision is located in whole or in part within one or more other political subdivisions that reorganize and the first political subdivision does not participate in or does not approve the reorganization: (1) the reorganization does not affect the rights, powers, and duties of the first political subdivision; and (2) the reorganized political subdivision may not exercise within the first political subdivision any right, power, or duty unless that right, power, or duty was exercised within the first political subdivision before the reorganization by at least one of the reorganizing political subdivisions. Provides that a plan of reorganization may establish within a reorganized political subdivision territories or districts: (1) in which specified services provided by the reorganized political subdivision will be provided at different levels, quantities, or amounts; and (2) in which the fees, charges, or taxes imposed by the reorganized political subdivision will vary depending on the level, quantity, or amount of the services. Specifies that a reorganized political subdivision must continue to carry out the duties imposed by Indiana law on the reorganizing political subdivisions that combined to form the reorganized political subdivision. Specifies that a reorganized political subdivision created from two or more townships and at least one municipality that have reorganized: (1) may exercise park and recreation powers and establish a park and recreation board if the reorganized political subdivision's plan of reorganization authorizes the reorganized political subdivision to exercise those powers; and (2) may exercise planning and zoning power if the reorganized political subdivision's plan of reorganization authorizes the reorganized political subdivision to exercise those powers. Provides that such a reorganized political subdivision shall, by resolution or in the plan of reorganization, determine the number of members to be appointed to the reorganized political subdivision's park and recreation board, advisory plan commission, and board of zoning appeals. Provides that a political subdivision may not take certain actions within a reorganizing political subdivision after the date a plan of reorganization is finally adopted by all reorganizing political subdivisions unless one of the following occurs: (1) All reorganizing political subdivisions agree to allow the action by adopting identical resolutions. (2) The plan is rejected by voters in a referendum. (3) The plan is approved by voters and the earlier of the following occurs: (A) The plan is implemented. (B) One year elapses from the date the plan has been approved. 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 earlier of the date of the next general election or the date of the next municipal election, at which a question may be placed on the ballot. 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.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(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) The statement fiscal impact analysis 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. If the plan of
reorganization is amended, the political subdivision shall post the
amended plan on the Internet web site maintained or authorized by
the political subdivision within seven (7) days after the amended
plan is adopted.
(e) A reorganization committee must include in the plan of
reorganization submitted to a political subdivision after June 30, 2010,
2012, a statement of: fiscal impact analysis of the proposed
reorganization. The fiscal impact analysis must include at least the
following:
(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) The estimated effect of the proposed reorganization on
taxpayers in each of the political subdivisions to which the
proposed reorganization applies, including the expected tax
rates, tax levies, expenditure levels, service levels, and annual
debt service payments in those political subdivisions.
(2) A description of the planned services to be provided in the
reorganized political subdivision and the method or methods
of financing the planned services. The fiscal impact analysis
must:
(A) present itemized estimated costs for each department
or agency of the reorganized political subdivision; and
(B) explain how specific and detailed expenses will be
funded from taxes, fees, grants, and other funding.
(3) A description of the capital improvements to be provided
in the reorganized political subdivision and the method or
methods of financing those capital improvements.
(4) Any estimated effects on political subdivisions in the
county that are not participating in the reorganization and on
taxpayers located in those political subdivisions.
(f) A reorganization committee must submit the fiscal impact
analysis described in subsection (e) to the department of local
government finance at least six (6) months before the election in
which the public question will be on the ballot. A legislative body
of a reorganizing political subdivision may not adopt a plan of
reorganization unless the reorganization committee has submitted
the fiscal impact analysis to the department of local government
finance as required by this subsection. The department of local
government finance must do the following within a reasonable
time, but not later than thirty (30) days before the date of the
election in which the public question will be on the ballot:
(1) Review the fiscal impact analysis.
(2) Make any comments concerning the fiscal impact analysis
that the department considers appropriate.
(3) Provide the department's comments under subdivision (2)
to the legislative body of the reorganizing political
subdivisions.
(4) Post the department's comments under subdivision (2) on
the department's Internet web site.
The department of local government finance shall certify to the
reorganization committee the total amount of expense incurred by
the department in carrying out the department's review and
preparing the department's comments. Upon receipt of the
department's certification of the expenses, the reorganizing
political subdivisions shall immediately pay to the treasurer of
state the amount charged. The share of the cost to be paid by each
reorganizing political subdivision shall be determined by the
reorganization committee. Money paid by a reorganizing political
subdivision under this subsection shall be deposited in the state
general fund.
(Insert a brief description of the structure of the proposed reorganized political subdivision that will succeed the reorganizing political subdivisions.)
"Shall _________ (insert name of political subdivision) and _________ (insert name of political subdivision) reorganize as a single political subdivision?".
(b) The public question must appear on the ballot in the form approved by the county election board. A brief description of the reorganized political subdivision that will succeed the reorganizing political subdivisions, and the public question described in subsection (a), shall be placed on the ballot in the form prescribed by IC 3-10-9-4. For a public question voted on by voters after June 30, 2012, the county election board shall submit the language to the department of local government finance for review.
(c) The department of local government finance shall review the language of the public question to evaluate whether the description of the reorganized political subdivision that will succeed the reorganizing political subdivisions is accurate and is not biased against either a vote in favor of the reorganization or a vote against the reorganization. The department of local government finance may:
(1) approve the ballot language as submitted; or
(2) modify the ballot language as necessary to ensure that the description of the reorganized political subdivision that will succeed the reorganizing political subdivisions is accurate and is not biased.
The department of local government finance shall certify its approval or recommendations to the county election board not more than ten (10) days after the language of the public question is submitted to the department for review. If the department of local government finance recommends a modification to the ballot language, the county election board shall, after reviewing the recommendations of the department of local government finance, submit modified ballot language to the department for the department's approval or recommendation of any additional
modifications. The public question may not be certified under
IC 3-10-9-3 unless the department of local government finance has
first certified the department's final approval of the ballot
language for the public question.
(1) Except as provided in subdivision (2), the vote of voters of a reorganizing political subdivision
(2) This subdivision applies only to a reorganization voted on by voters after December 31, 2012. In the case of a proposed reorganization between a municipality and a township:
(A) the voters residing within the municipality:
(i) shall be included only in the tally of votes for the municipality; and
(ii) shall not be included in the tally of votes for the township; and
(B) the voters who reside within the township but do not reside within the municipality:
(i) shall be included only in the tally of votes for the township; and
(ii) shall not be included in the tally of votes for the municipality.
(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
(b) This subsection applies to reorganizations approved by voters after July 1, 2012. Notwithstanding subsection (a), if:
(1) a first political subdivision is located in whole or in part within one (1) or more other political subdivisions that reorganize under this article; and
(2) the first political subdivision does not participate in or does not approve the reorganization;
the reorganization does not affect the rights, powers, and duties of the first political subdivision, and the reorganized political subdivision may not exercise within the first political subdivision any right, power, or duty unless that right, power, or duty was exercised within the first political subdivision before the reorganization by at least one (1) of the reorganizing political
subdivisions.
(b) Subject to subsection (a), a reorganized political subdivision that results from a reorganization under this chapter must continue to carry out the duties imposed by Indiana law on the reorganizing political subdivisions that combined to form the reorganized political subdivision.
(1) in which specified services provided by the reorganized political subdivision will be provided at different levels, quantities, or amounts; and
(2) in which the fees, charges, or taxes imposed by the reorganized political subdivision will vary depending on the level, quantity, or amount of the services provided.
(1) two (2) or more townships; and
(2) at least one (1) municipality;
that has reorganized under this article may exercise park and recreation powers under IC 36-10 if the reorganized political subdivision's plan of reorganization authorizes the reorganized political subdivision to exercise those powers.
(b) If a reorganized political subdivision's plan of reorganization authorizes the reorganized political subdivision to exercise park and recreation powers under IC 36-10, the reorganized political subdivision may establish a park and recreation board.
(c) A park and recreation board established by a reorganized
political subdivision under this section:
(1) shall exercise park and recreation functions within the
reorganized political subdivision; and
(2) has the powers and duties of both a municipal park and
recreation board and a township park and recreation board
under IC 36-10.
(d) A reorganized political subdivision may by resolution or in
the reorganized political subdivision's plan of reorganization
determine:
(1) the number of members to be appointed to the reorganized
political subdivision's park and recreation board;
(2) the person or entity that shall appoint or remove those
members;
(3) any required qualifications for those members; and
(4) the terms of those members.
(b) A political subdivision may not take any of the following actions partially or wholly within a reorganizing political subdivision after the date a plan of reorganization is finally adopted by all reorganizing political subdivisions unless all reorganizing political subdivisions agree by adopting identical resolutions:
(1) Initiate an annexation of territory within the township.
(2) Establish a fire protection territory or fire protection district.
(3) Extend water, sewer, or any other infrastructure to the political subdivision.
(4) Expand zoning jurisdiction under IC 36-7-4-205.
(c) This chapter does not prohibit:
(1) a political subdivision subject to the reorganization from taking an action under subsection (b) within the political subdivision's own boundaries; and
(2) any of the reorganizing political subdivisions from taking an action under subsection (b) for the purpose of implementing the plan of reorganization.
(d) A political subdivision may take an action described in
subsection (b) after the date the reorganization is rejected by the
voters under section 33 of this chapter.
(e) If a reorganization is approved by the voters under section
34 of this chapter, a political subdivision may not take an action
under subsection (b) until the earlier of the following:
(1) The plan of reorganization has been implemented.
(2) One (1) year after the date the reorganization is approved
under section 34 of this chapter.
(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:
(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.
(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) 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
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.
(b) A unit consisting of:
(1) two (2) or more townships; and
(2) at least one (1) municipality;
that has reorganized under IC 36-1.5 may exercise planning and zoning power under IC 36-7-4 if the unit's plan of reorganization under IC 36-1.5 authorizes the unit to exercise planning and zoning powers.
[EFFECTIVE JULY 1, 2012]: Sec. 202.5. (a) ADVISORY.
Notwithstanding any other law, the legislative body of a unit
described in IC 36-7-2-1(b) may establish by resolution an advisory
plan commission.
(b) ADVISORY. If an advisory plan commission is established
under this section by a unit described in IC 36-7-2-1(b) and the unit
adopts a comprehensive plan under this chapter:
(1) the advisory plan commission of the unit shall exercise the
planning and zoning functions within the unit;
(2) the advisory plan commission of the unit may not exercise
planning and zoning functions within a municipality that has
established a plan commission under this chapter (other than
a municipality that participated in the reorganization of the
unit under IC 36-1.5);
(3) the county plan commission may not exercise planning and
zoning functions within the unit; and
(4) except as provided in subdivision (2), a municipal plan
commission of a municipality (other than a municipality that
participated in the reorganization of the unit under IC 36-1.5)
may not exercise planning and zoning functions within the
unit.
Notwithstanding any other law, if a municipality (other than a
municipality that participated in the reorganization of the unit
under IC 36-1.5) annexes territory within a unit described in
IC 36-7-2-1(b) after the unit has established an advisory plan
commission under this section, the municipal plan commission of
that municipality may not exercise planning and zoning functions
within that annexed territory.
(c) ADVISORY. Except as specifically provided in this chapter,
an advisory plan commission established under this section by a
unit described in IC 36-7-2-1(b) shall exercise the planning and
zoning functions within the unit in the same manner that a
municipal plan commission established under this chapter
exercises planning and zoning functions for a municipality.
(d) ADVISORY. Notwithstanding any other provision, if an
advisory plan commission is established under this section by a unit
described in IC 36-7-2-1(b), the legislative body of the unit shall, by
resolution or in the unit's plan of reorganization under IC 36-1.5,
determine:
(1) the number of members to be appointed to the unit's
advisory plan commission;
(2) the person or entity that shall appoint or remove those
members;
(3) any required qualifications for those members;
(4) the terms of those members; and
(5) whether any members or advisory members shall be
appointed by the county in which the unit is located or by a
municipality located within the unit.
(b) A board of zoning appeals established under this section:
(1) shall exercise the board's powers and duties under this chapter within the unit in the same manner that a municipal board of zoning appeals established under this chapter exercises powers and duties under this chapter for a municipality; and
(2) may not exercise the board's powers and duties under this chapter within a municipality that has established a plan commission under this chapter (other than a municipality that participated in the reorganization of the unit under IC 36-1.5).
(c) Notwithstanding any other law, if the legislative body of a unit described in IC 36-7-2-1(b) establishes a board of zoning appeals under this section, the legislative body of the unit shall, by resolution or in the unit's plan of reorganization under IC 36-1.5, determine:
(1) the number of members to be appointed to the unit's board of zoning appeals;
(2) the person or entity that shall appoint or remove those members;
(3) any required qualifications for those members; and
(4) the terms of those members.
