Bill Text: IN SB0386 | 2011 | Regular Session | Amended
Bill Title: Local government reorganization.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Government and Regulatory Reform [SB0386 Detail]
Download: Indiana-2011-SB0386-Amended.html
Citations Affected: IC 6-9; IC 36-1.5; IC 36-4; IC 36-7.
Effective: Upon passage; July 1, 2011.
January 11, 2011, read first time and referred to Committee on Local Government.
February 17, 2011, amended, reported favorably _ Do Pass.
February 21, 2011, read second time, amended, ordered engrossed.
Digest Continued
certification of a public question on a proposed local government reorganization must occur as required for other public questions under the election law. Allows a special election to be held on a public question concerning a proposed government reorganization if the reorganizing political subdivisions request the special election and agree to pay the costs of holding the special election. Provides that in the case of a proposed reorganization between a municipality and a township: (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. 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 except in the following circumstances: (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 has elapsed from the date the plan has been approved. Changes the membership of the convention and visitor bureau in Lake County.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(b) A convention and visitor bureau having
(c) The executives (as defined by IC 36-1-2-5) of the
(d) The county council shall appoint two (2) members to the bureau.
One (1) of the appointees must be a resident of the fifth largest
township city in the county, and one (1) of the appointees must be a
resident of the second eighth largest township town in the county. The
appointees may not be of the same political party.
(e) The county commissioners shall appoint two (2) members to the
bureau. Each appointee One (1) of the appointees must be a resident
of the fifth, sixth seventh, eighth, ninth, tenth, or eleventh largest
township town in the county. These appointees must be residents of
different townships. One (1) of the appointees must be a resident of
the seventh largest town in the county. The appointees may not be
of the same political party.
(f) The lieutenant governor shall appoint one (1) member to the
bureau.
(g) One (1) of the appointees under subsection (d) and one (1) of the
appointees under subsection (e) must be members of the political party
that received the highest number of votes in the county in the last
preceding election for the office of secretary of state. One (1) of the
appointees under subsection (d) and one (1) of the appointees under
subsection (e) must be members of the political party that received the
second highest number of votes in the county in the election for that
office. No appointee under this section may hold an elected or
appointed political office while serving on the bureau.
(h) In making appointments under this section, the appointing
authority shall give sole consideration to individuals who are
knowledgeable about or employed as executives or managers in at least
one (1) of the following businesses in the county:
(1) Hotel.
(2) Motel.
(3) Restaurant.
(4) Travel.
(5) Transportation.
(6) Convention.
(7) Trade show.
(8) A riverboat licensed under IC 4-33.
(9) Banking.
(10) Real estate.
(11) Construction.
However, an individual employed by a riverboat may not be appointed
under this section unless the individual holds a Level 1 occupational
license issued under IC 4-33-8. This subsection does not apply to board
members appointed before July 1, 2007, who are eligible for
reappointment after June 30, 2007.
(i) All terms of office of bureau members begin on July 1. Members of the bureau serve terms of three (3) years. A member whose term expires may be reappointed to serve another term. If a vacancy occurs, the appointing authority shall appoint a qualified person to serve for the remainder of the term. If an appointment is not made before July 16 or a vacancy is not filled within thirty (30) days, the member appointed by the lieutenant governor under subsection (f) shall appoint a qualified person.
(j) A member of the bureau may be removed for cause by the member's appointing authority.
(k) Members of the bureau may not receive a salary. However, bureau members are entitled to reimbursement for necessary expenses incurred in the performance of their respective duties.
(l) Each bureau member, before entering the member's duties, shall take an oath of office in the usual form, to be endorsed upon the member's certificate of appointment and promptly filed with the clerk of the circuit court of the county.
(m) The bureau shall meet after July 1 each year for the purpose of organization. The bureau shall elect a chairman from its members. The bureau shall also elect from its members a vice chairman, a secretary, and a treasurer. The members serving in those offices shall perform the duties pertaining to the offices. The first officers chosen shall serve until their successors are elected and qualified. A majority of the bureau constitutes a quorum, and the concurrence of a majority of those present is necessary to authorize any action.
(n) If the county and one (1) or more adjoining counties desire to establish a joint bureau, the counties shall enter into an agreement under IC 36-1-7.
(o) Notwithstanding any other law, any bureau member appointed as of January 1, 2007, is eligible for reappointment.
(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,
2011, 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.
(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
period of 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.
(1) that is approved by voters under this article after June 30, 2011; and
(2) in which at least one (1) township is a reorganizing political subdivision.
(b) Notwithstanding any other law:
(1) if the office of township trustee is abolished as part of a reorganization described in subsection (a), the powers and duties of the township trustee within the township concerning cemeteries under IC 23-14 or any other law are transferred to the county executive; and
(2) if the township board is abolished as part of a reorganization described in subsection (a):
(A) the fiscal powers and duties of the township board within the township concerning cemeteries under IC 23-14 or any other law are transferred to the county fiscal body; and
(B) the legislative powers and duties of the township board within the township concerning cemeteries under IC 23-14 or any other law are transferred to the county legislative body.
(b) If a regularly scheduled general election or municipal election (excluding any primary elections) will not be held in all of the precincts of the reorganizing political subdivisions during the
first year in which the public question is eligible to be placed on the
ballot under this section and if the reorganizing political
subdivisions request the public question to be placed on the ballot
at a special election, the public question shall be placed on the
ballot at a special election to be held on the first Tuesday after the
first Monday in November of the year. The certification must occur
not later than noon on August 1. However, a special election may
be held under this subsection only if the reorganizing political
subdivisions agree to pay the costs of holding the special election.
The county election board shall give notice under IC 5-3-1 of a
special election conducted under this subsection. A special election
conducted under this subsection is under the direction of the
county election board. The county election board shall take all
steps necessary to carry out the special election.
(1) Except as provided in subdivision (2), the vote of voters of a reorganizing political subdivision
(2) In the case of a proposed reorganization between a municipality and a township:
(A) the voters who reside within the municipality and do not also reside within the township:
(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 and also 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 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.
(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 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.
(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.
(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 its 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 its 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.
