Bill Text: IN SB0057 | 2010 | Regular Session | Amended
Bill Title: Local public question on county zoning.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2010-02-02 - First reading: referred to Committee on Government and Regulatory Reform [SB0057 Detail]
Download: Indiana-2010-SB0057-Amended.html
Citations Affected: IC 36-7.
Synopsis: Local public question on county zoning. Allows a county
legislative body to adopt a resolution to place a local public question
on the ballot concerning whether the county should adopt a
comprehensive plan, a zoning ordinance, or both. Provides that the
results of the local public question are not binding on the county
legislative body. Provides that only a registered voter who resides in an
unincorporated area of the county may vote on the local public
question.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Local Government.
January 14, 2010, reported favorably _ Do Pass.
January 19, 2010, read second time, amended, ordered engrossed.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
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(b) The legislative body of a county may adopt a resolution to place a nonbinding local public question on the ballot concerning whether the county should adopt a comprehensive plan, a zoning ordinance, or both. A county is not required to have a proposed comprehensive plan or zoning ordinance in order to have the electorate decide a public question under this section. The legislative body shall specify in the resolution whether one (1) or both of the following questions shall be placed on the ballot:
"Shall the (insert name of the county) adopt a comprehensive plan?"
"Shall the (insert name of the county) adopt a zoning ordinance?"
(c) The county election board shall place the questions specified by the legislative body in the resolution on the ballot in accordance with IC 3-10-9 during the next general or primary election for which the question may be certified under IC 3-10-9-3. The circuit court clerk of a county holding an election under this section shall certify the results of the voting on the local public question to the legislative body of the county.
(d) Only a registered voter who resides in an unincorporated area of the county may vote on the public question.
(e) If a majority of the votes cast on the local public question are not in favor of a question, this section does not prohibit the legislative body from adopting a comprehensive plan, a zoning ordinance, or both. If a majority of the votes cast on the local public question in an election under this section is in favor of a question, this section does not require the legislative body to adopt a comprehensive plan, a zoning ordinance, or both.
