Bill Text: IN HB1170 | 2010 | Regular Session | Introduced
Bill Title: Review and reorganization of county government.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-07 - First reading: referred to Committee on Rules and Legislative Procedures [HB1170 Detail]
Download: Indiana-2010-HB1170-Introduced.html
Citations Affected: IC 36-2-1.5.
Synopsis: Review and reorganization of county government. Provides
that, in 2011 and every 10 years thereafter, each county must enter into
a contract with an independent person to conduct an efficiency review
of the county's government. Specifies certain issues that must be
addressed in the efficiency review. Provides that a county may contract
with a person to conduct the efficiency review only if the person has
been certified by the state board of accounts. Specifies that an
efficiency review report submitted to a county may include
recommendations regarding the issues studied as part of the efficiency
review. Provides that the voters of the county may initiate a public
question on one or more of the recommendations by submitting a
petition signed by at least 2% of the voters of the county. Provides that,
if a recommendation is approved in a public question, the county shall
implement the recommendation. Requires the state board of accounts
to develop the contract provisions (other than cost and payment
provisions) that must be used by a county in addressing the issues that
are required to be included in an efficiency review. Provides that a
county may add provisions to the contract to address additional issues.
Effective: Upon passage.
January 7, 2010, read first time and referred to Committee on Rules and Legislative
Procedures.
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.
Chapter 1.5. Review and Reorganization of County Government
Sec. 1. As used in this chapter, "efficiency review" means an efficiency review of county government conducted under this chapter.
Sec. 2. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a limited liability partnership, a partnership, a firm, an association, or any other legal entity.
Sec. 3. As used in this chapter, "public question" means a public question held under section 9 of this chapter on a recommendation included in an efficiency review report.
Sec. 4. (a) The executive of each county shall in 2011 and every ten (10) years thereafter enter into a contract with an independent person certified under section 5 of this chapter to conduct an
efficiency review of county government.
(b) A contract entered into under this section is subject to the
approval of the county fiscal body.
Sec. 5. (a) A person may not enter into a contract with a county
to conduct an efficiency review unless the person has been certified
as eligible by the state board of accounts under this section.
(b) The state board of accounts shall adopt rules to establish
standards for the certification of persons that wish to enter into a
contract with a county to conduct an efficiency review. The
standards must be designed to ensure that persons that enter into
such a contract have the capability to complete the efficiency
review in a timely, competent, and independent manner.
(c) The state board of accounts shall adopt rules establishing
standards under this section in the same manner as emergency
rules are adopted under IC 4-22-2-37.1. Any rules adopted under
this subsection must be adopted not later than July 1, 2010. A rule
adopted under this subsection expires on the date a rule
establishing the standards under this section is adopted by the state
board of accounts under IC 4-22-2-24 through IC 4-22-2-36.
(d) A person may apply to the state board of accounts for
certification of eligibility to enter into a contract to conduct an
efficiency review. If the state board of accounts determines that the
person satisfies the standards established in the rule adopted under
this section, the state board of accounts shall certify the person as
eligible to enter into such a contract with a county.
Sec. 6. A person conducting an efficiency review must complete
the efficiency review and submit a report of the efficiency review
to the county executive and the county fiscal body not later than six
(6) months after the person enters into the contract with the county
to conduct the efficiency review.
Sec. 7. (a) Each county shall determine the issues to be
addressed in the efficiency review conducted for the county.
However, an efficiency review must include a study of at least the
following issues:
(1) The fiscal, management, and operational practices of the
county.
(2) The tax rates, tax levies, debt service, budgets, and staffing
levels of the county as compared to other units of local
government, including counties of comparable geographic size
and population.
(3) Whether the county is adequately providing services to the
citizens of the county and whether those services could be
provided in a more efficient or less costly manner.
(4) Whether any county department, agency, or program
could be streamlined, eliminated, or consolidated.
(5) Whether the functions of any county department or
agency or county elected office should be eliminated or
transferred to another county department or agency or
county elected office.
(6) Whether the county should attempt to enter into an
interlocal cooperative agreement with one (1) or more other
entities for the sharing of services or responsibilities.
(7) Whether county departments or agencies or county elected
officials have established performance measures, and whether
actual performance is evaluated against those performance
measures.
(b) An efficiency review report that is submitted to a county
under section 6 of this chapter may include recommendations
regarding the issues studied as part of the efficiency review. Any
recommendation included in an efficiency review report must
include as part of the recommendation a timeline regarding the
implementation of the recommendation.
(c) If an efficiency review report for a county includes any
recommendations, the voters of the county may initiate a public
question on one (1) or more of the recommendations as provided
in section 9 of this chapter.
Sec. 8. The state board of accounts shall develop the contract
provisions (other than cost and payment provisions) that must be
used by a county in addressing the issues specified in section 7(a)
of this chapter. A county may add provisions to the contract to
address additional issues, as determined by the county executive.
Sec. 9. (a) The voters of a county may initiate a public question
on one (1) or more of the recommendations included in an
efficiency review report submitted under section 6 of this chapter
by filing a written petition with the county auditor. The petition
must specify one (1) or more of the recommendations that were
included in the efficiency review report that the petitioners propose
to place on the ballot at a local public question in the county.
(b) The state board of accounts shall design a petition form to be
used in the petition process under this section.
(c) If the petition is signed by at least two percent (2%) of the
voters of the county, as determined by the vote cast in the county
for secretary of state at the most recent general election:
(1) the county auditor shall certify the petition to the circuit
court clerk and the county election board; and
(2) the county election board shall place a public question
concerning approval of the recommendation or
recommendations on the ballot in accordance with IC 3-10-9
on the first regularly scheduled election that will occur in all
of the precincts of the county at least sixty (60) days after the
county auditor certifies the petition to the circuit court clerk
and the county election board.
(d) If a sufficient petition requesting a public question is
submitted under this section and the petition includes more than
one (1) recommendation, each recommendation included in the
petition shall be voted on separately at the public question.
(e) IC 3 applies to the election at which a public question under
this section is considered.
(f) The county election board shall determine the wording of a
local public question placed on the ballot under this section. The
wording of the local public question may not be biased against
either a vote in favor of a recommendation or a vote opposed to a
recommendation.
Sec. 10. A public question on a recommendation included in an
efficiency review report may not be placed on the ballot at an
election that is held more than ten (10) years after the efficiency
review report is submitted under section 6 of this chapter.
Sec. 11. (a) At the same time that election results are certified
under IC 3, the circuit court clerk of a county in which a public
question is held shall issue, in the form prescribed by the state
election board, a certificate declaring whether the public question
is approved or rejected by a majority of the voters voting in the
county on the public question in the county.
(b) A recommendation placed on the ballot in a public question
is approved if a majority of the voters in the county voting on the
public question vote in favor of that recommendation.
Sec. 12. (a) If a recommendation is approved in a public
question, the county shall implement the recommendation.
(b) This chapter contains full and complete authority for:
(1) the reorganization of a county's government according to
a recommendation approved in a public question; or
(2) transfer of responsibilities between elected county officers
or county departments or agencies according to a
recommendation approved in a public question;
notwithstanding any other law, ordinance, or rule that specifies the
organization of the county's government or that specifies the
functions or duties of a county elected office or county department
or agency.
Sec. 13. To the extent necessary, the state board of accounts and
the department of local government finance may develop and
adopt transition rules that are necessary to assist counties in
implementing any recommendations that are approved in a public
question.
Sec. 14. If one (1) or more functions or duties of an elected
county officer are transferred to another elected county officer on
account of the approval of a public question:
(1) the transfer of the functions or duties becomes effective
only at the end of the term of office of the individual holding
the office on the date the public question is approved by the
voters; and
(2) any law, ordinance, rule, or agreement that requires or
permits an action by the elected officer concerning those
transferred functions or duties shall be treated after the
functions or duties are transferred as referring to the other
elected county officer to whom the functions or duties have
been transferred.
Sec. 15. The department of local government finance shall
adjust the maximum permissible property tax levies, maximum
permissible property tax rates, and budgets of a county as the
department of local government finance determines necessary to
implement a recommendation approved in a public question.
Sec. 16. If a county does not enter into a contract for the
conducting of an efficiency review as required by this chapter, the
auditor of state shall withhold from the county an amount equal to
the sum of:
(1) five percent (5%) of the money that would be distributed
to the county as:
(A) the county's part of the certified shares of county
adjusted gross income tax revenue under IC 6-3.5-1.1; or
(B) the county's part of the certified distribution of county
option income tax under IC 6-3.5-6; plus
(2) five percent (5%) of the money that would be distributed
to the county as the county's distribution from the motor
vehicle highway account fund under IC 8-14-1-3(2);
until the county enters into such a contract.
Sec. 17. This chapter does not prohibit the:
(1) reorganization of a county's government;
(2) exercise of governmental functions under an interlocal
cooperation agreement or a cooperative agreement; or
(3) transfer of functions or duties between county elected
officers or county departments or agencies;
under another law that is not included in this chapter.
