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Senate Bill 0506


Senate Bill 0506

ARCHIVE (2009)

Latest Information

 

DIGEST OF SB506 (Updated February 17, 2009 6:53 pm - DI 84)


Local government matters. Provides that in counties other than Marion County and Lake County, the county executive body shall after October 31, 2009, and before November 15, 2009 adopt a resolution specifying that the voters of the county shall: (1) elect a single county chief executive officer to serve as the county executive and a county council that has the legislative and fiscal powers and duties of the county; (2) elect a board of county supervisors that is a combined county executive, legislative, and fiscal body that has the executive, legislative, and fiscal powers and duties of the county; or (3) provide that the voters shall choose, in a public question to be held in 2010, the structure of county government. Provides that if a public question is held in 2010, the voters shall choose one of two options for the structure of county government: (1) the county shall elect a board of county supervisors that is a combined county executive, legislative, and fiscal body that has the executive, legislative, and fiscal powers and duties of the county; or (2) the county shall not reorganize county government. Prohibits a political subdivision from promoting a position on such a public question. Provides that the government structure chosen by a majority of the voters voting on the public question is effective January 1, 2013. Provides that in counties with a county chief executive officer, the initial county chief executive officer is elected at the November 2012 general election and takes office January 1, 2013. Provides that in counties with a board of county supervisors that is a combined county executive, legislative, and fiscal body, members are elected at the November 2012 general election (with staggered terms) and the members take office January 1, 2013. Provides that in counties with a county chief executive officer, the county councils continue under existing law. Provides that after December 31, 2012, a county that has a board of county supervisors elected as the county executive, legislative, and fiscal body must employ a county manager. Requires an individual employed as county manager to attain Credentialed Manager Status from the International City/County Management Association not later than two years after the date the individual is employed as county manager. Prohibits nepotism in the appointment of the county manager and the hiring of employees in the county manager's office. Provides that in every general election after 2012, 5% of the voters of the county may petition the circuit court clerk specifying a public question on reorganizing the county government. Requires the petition to specify one of the following sets of choices for voters: (1) The county shall have the government structure with a single county chief executive officer and a county council or the county government shall not reorganize. (2) The county shall have the government structure with the board of county supervisors that is a combined county executive, legislative, and fiscal body or the county government shall not reorganize. Provides that in a county that retains a board of county commissioners, the county commissioners may in any general election after 2012 provide that the voters of the county shall vote on the reorganization of county government. Provides that the voters choices are: (1) to not reorganize county government; and (2) one of the following choices, as determined by the county commissioners: (A) to have a single county executive and county council; or (B) to have a county board of supervisors. Provides that in a local government reorganization under the government modernization statutes, the reorganization committee is appointed by: (1) the county executive of the county in which the most populous political subdivision is located, if the county is not named in the petition or resolution; or (2) the circuit court judge of the county in which the most populous political subdivision is located, if the county is named in the petition or resolution. Provides that in a public question on reorganization under the government modernization statutes of a municipality and a county that does not contain a consolidated city: (1) if the reorganization plan includes a rejection threshold, the rejection threshold of the reorganizing municipality and the rejection threshold of the county (excluding the area in the reorganizing municipality) must be equivalent to a simple majority (current law provides that the rejection threshold is the percentage specified in the reorganization plan); and (2) the percentage of voters who must vote on a countywide basis in favor of the reorganization for the public question to be approved must be equivalent to a simple majority (current law provides that the countywide vote approval percentage is the percentage specified in the reorganization plan). Specifies that the voters of a political subdivision may not initiate a proposed reorganization under the government modernization statutes that includes any of the following: (1) A county other than the county in which the political subdivision is located. (2) A political subdivision located in a different county. Requires the office of management and budget to establish an office of local technical assistance. Requires the office to: (1) promote sound fiscal, management, and operational practices in local government and assist units of local government in carrying out these practices; and (2) coordinate interaction between units of local government and state agencies. Requires the department of local government finance (DLGF) and the state board of accounts to consult with the office as the DLGF and the state board of accounts develop and adopt transition rules to assist units of local government that are consolidating entire units or specific functions. Requires the advisory commission on intergovernmental relations to monitor the progress of local governments in implementing the recommendations made by the commission on local government reform and prepare an annual report of its findings. Deletes the requirement that a copy of an interlocal cooperation agreement must be filed with the state board of accounts (state board). Repeals the requirement that counties and municipalities must prepare and submit to the state board an operational report concerning roads and streets. Repeals the requirement that the county clerk must prepare a monthly report that is submitted to the county auditor, the county executive, and the state board. Repeals the requirement that the county treasurer must prepare a monthly report that is submitted to the county auditor, county board of finance, county executive, and state board. Provides that if a proposed local government reorganization is initiated under the government modernization statutes by the voters of a political subdivision, approval of the legislative bodies of the affected political subdivisions is not required before a proposed reorganization plan may be prepared by a reorganization committee and placed on the ballot for a vote. Specifies that the circuit court clerk of the county in which the most populous political subdivision named in a reorganization resolution or petition is located shall appoint to the reorganization committee three residents of each political subdivision participating in the reorganization. Requires the Indiana advisory commission on intergovernmental relations to: (1) create recommended minimum objective professional qualifications and performance standards for elected county officials in Indiana; (2) create recommended best practices standards for the conduct of county government in Indiana; and (3) conduct a performance audit of county government in Indiana; and report the recommendations and results to the office of management and budget and the legislative council before November 1, 2010.
    Current Status:
     In Committee - 2nd House
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