§ 36-1.5-4-23.5 — Failure to adopt reorganization plan; petition requesting a public question

Indiana § 36-1.5-4-23.5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1.5: GOVERNMENT MODERNIZATION
• Ch. 4: Reorganization by Referendum

Text

5. This section does not apply to a final
plan of reorganization that is adopted and rescinded by the legislative
body of a political subdivision under section 27.5 of this chapter. If the
legislative bodies of all political subdivisions that have been presented
with (before January 1, 2014) an initial plan of reorganization prepared
under section 18 of this chapter or that have prepared (after December
31, 2013) an initial plan of reorganization under section 18 of this
chapter, have not adopted a final plan of reorganization within one (1)
year after the initial plan of reorganization is presented, the registered
voters of a political subdivision in which the initial plan of
reorganization was presented to a legislative body (before January 1,
2014) or prepared by a legislative body (after December 31, 2013) but
not adopted may submit a petition to the clerk of the circuit court
approving a final plan of reorganization and requesting that a public
question be held on the final plan of reorganization. The petition must
be submitted not later than one hundred eighty (180) days after the date
that is one (1) year after the initial plan of reorganization was presented
to the legislative body (before January 1, 2014) or prepared by the
legislative body (after December 31, 2013). A petition submitted after
December 31, 2013, must meet the requirements of section 11(a)(3) of
this chapter. In certifying the number of voters, the clerk shall disregard
any signature on the petition that is dated under section 11(a)(3)(D) of
this chapter more than one hundred eighty (180) days before the date
the petition was filed with the clerk. If the petition is signed by at least
ten percent (10%) of the voters of the political subdivision, as
determined by the vote cast in the political subdivision for secretary of
state at the most recent general election:
(1) the political subdivision is considered to have approved the
holding of the public question on the final plan of reorganization,
notwithstanding the vote by the legislative body rejecting the final
plan of reorganization; and
(2) the clerk of the circuit court shall certify approval of the final
plan of the reorganization and the holding of the public question
in the manner specified in section 23 of this chapter.

Legislative History

As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.15.