Bill Text: IN SB0385 | 2011 | Regular Session | Amended
Bill Title: Reorganization of a township and a municipality.
Sponsorship: Partisan Bill (Republican 2)
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Government and Regulatory Reform [SB0385 Detail]
Download: Indiana-2011-SB0385-Amended.html
Citations Affected: IC 36-1.5.
Synopsis: Reorganization of a township and a municipality. Specifies
that a proposed reorganization between a township and a municipality
under the government modernization statutes may proceed
(notwithstanding any statute enacted by the general assembly after
December 31, 2010, to eliminate or reorganize township government)
if: (1) the legislative bodies of the township and the municipality
initiate the proposed reorganization before the date on which the
elimination or reorganization of township government will occur; and
(2) at least 70% of the residents of the township also reside within the
municipality. Provides that if such a proposed reorganization is
approved by at least 2/3 of the township legislative body and 2/3 of the
municipal legislative body, the reorganization is approved (without a
referendum on the proposed reorganization). Provides that if such a
proposed reorganization is approved by the legislative bodies, but
without both legislative bodies meeting the 2/3 vote threshold, the
proposed reorganization shall be submitted to the voters as otherwise
provided in the government modernization law. Provides that if such
a proposed reorganization is approved (either by the legislative bodies
meeting the 2/3 vote threshold or by the voters in a referendum), the
township and the municipality are reorganized in the form and under
the conditions specified in the plan of reorganization, notwithstanding
the reorganization or elimination of township government.
Effective: Upon passage.
January 11, 2011, read first time and referred to Committee on Local Government.
February 17, 2011, reported favorably _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) A statute is enacted by the general assembly after December 31, 2010, to:
(A) eliminate township government; or
(B) reorganize township government by:
(i) eliminating the township trustee or the township board; or
(ii) transferring powers and duties of the township trustee or the township board to one (1) or more county officials, county boards, or other governmental units or entities.
(2) Before the date on which the elimination or reorganization
of township government will occur under the statute
described in subdivision (1), the township's legislative body
and the municipality's legislative body must each adopt a
resolution under section 10 of this chapter to initiate the
proposed reorganization.
(3) At least seventy percent (70%) of the residents of the
township also reside within the municipality.
(b) Notwithstanding the statute described in subsection (a)(1) to
eliminate or reorganize township government, the following apply
if all the conditions of subsection (a) are satisfied:
(1) A reorganization committee:
(A) may be appointed as provided in this chapter; and
(B) may prepare and submit a plan of reorganization to the
township's legislative body and the municipality's
legislative body as provided in this chapter.
(2) The township's legislative body and the municipality's
legislative body that are proposing to reorganize may adopt
a plan of reorganization that is submitted by a reorganization
committee under section 18(d) of this chapter.
(3) The following apply if a plan of reorganization is approved
by at least two-thirds (2/3) of the voting members of the
township's legislative body and is approved by at least
two-thirds (2/3) of the voting members of the municipality's
legislative body under section 20 of this chapter within the
time required by subdivision (5):
(A) The plan of reorganization is approved.
Notwithstanding section 32 of this chapter or any law, a
public question on the plan of reorganization is not
required for the plan of reorganization to be approved.
(B) The township and the municipality are reorganized in
the form and under the conditions specified in the plan of
reorganization approved under this subsection,
notwithstanding the reorganization or elimination of
township government.
(4) If the plan of reorganization does not receive approval by
at least two-thirds (2/3) of the voting members of the
township's legislative body and by at least two-thirds (2/3) of
the voting members of the municipality's legislative body as
described in subdivision (3), but the plan of reorganization is
approved by those legislative bodies, a public question on the
plan of reorganization shall be placed on the ballot as
provided in this chapter. If the public question is approved as
provided in this chapter, the township and the municipality
are reorganized in the form and under the conditions
specified by the legislative bodies in the plan of
reorganization, notwithstanding the reorganization or
elimination of township government.
(5) Notwithstanding any other law, if a proposed
reorganization subject to this section is not approved by the
township's legislative body and the municipality's legislative
body as described in subdivision (3) or (4) within one (1) year
after the township's legislative body and the municipality's
legislative body have both adopted a resolution under section
10 of this chapter to initiate the proposed reorganization:
(A) the proposed reorganization is terminated; and
(B) the statute described in subsection (a)(1) to eliminate or
reorganize township government applies.
(6) Notwithstanding any other law, if a public question on a
proposed reorganization subject to this section is disapproved
by the majority of the voters in each reorganizing political
subdivision voting on the public question as specified in this
chapter:
(A) the proposed reorganization is terminated; and
(B) the statute described in subsection (a)(1) to eliminate or
reorganize township government applies.
(7) The provisions of any township government elimination or
reorganization statute described in subsection (a)(1) do not
apply to the township or the municipality during the period
ending when the proposed reorganization is terminated under
subdivision (5) or (6), as applicable.
