Bill Text: IN HB1194 | 2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public safety officer layoff and reinstatement.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1194 Detail]
Download: Indiana-2010-HB1194-Amended.html
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 inthis style type.
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 orthis style type reconciles conflicts
between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
Bill Title: Public safety officer layoff and reinstatement.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1194 Detail]
Download: Indiana-2010-HB1194-Amended.html
January 21, 2010
HOUSE BILL No. 1194
_____
DIGEST OF HB 1194
(Updated January 19, 2010 10:01 am - DI 96)
Citations Affected: IC 36-8.
Synopsis: Public safety officer layoff and reinstatement. Provides that
the reinstatement rights of a laid off member of a city police or fire
department, or a laid off member of a sheriff's department, terminates
five years (instead of three years) after the day on which the member's
layoff begins.
Effective: July 1, 2010.
Tyler
, Bell
, Riecken
, Niezgodski
January 7, 2010, read first time and referred to Committee on Labor and Employment.
January 20, 2010, amended, reported _ Do Pass.
January 21, 2010
Second Regular Session 116th General Assembly (2010)
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
HOUSE BILL No. 1194
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-8-4-11; (10)HB1194.1.1. -->
SECTION 1. IC 36-8-4-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. (a) If it is necessary
for the safety board to reduce the number of members of the police or
fire department by layoff for financial reasons, the last member
appointed must be the first to be laid off, with other members also laid
off in reverse hiring order, until the desired level is achieved.
(b) If the department is increased in number again, the members of the department who have been laid off under this section shall be reinstated before any new member is appointed to the department. The reinstatements begin with the last member laid off.
(c) A member who is laid off shall keep the appointing authority advised ofhis the member's current address. A member shall be
informed of his the member's reinstatement by written notice sent by
certified mail to his the member's last known address. Within twenty
(20) calendar days after notice of reinstatement is sent to a member, he
the member must advise the hiring body that he the member accepts
reinstatement and will be able to commence employment on the date
(b) If the department is increased in number again, the members of the department who have been laid off under this section shall be reinstated before any new member is appointed to the department. The reinstatements begin with the last member laid off.
(c) A member who is laid off shall keep the appointing authority advised of
specified in the notice. All reinstatement rights granted to a member
terminate upon his the member's failure to accept reinstatement within
that twenty (20) day period or three (3) five (5) years after the day on
which a member's layoff begins.
SOURCE: IC 36-8-10-11.1; (10)HB1194.1.2. -->
SECTION 2. IC 36-8-10-11.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11.1. (a) As used in this
section, "appointing authority" means the sheriff and the board.
(b) If it is necessary for the appointing authority to reduce the number of members of the department by layoff for financial reasons, the last member appointed to the department must be the first to be laid off. Additional members must be laid off in reverse hiring order until the desired level of employment is achieved.
(c) If department membership is increased, the members of the department who have been laid off under this section must be reinstated before any new member is appointed to the department. The last member to be laid off from the department must be the first to be reinstated. Additional members must be reinstated in reverse of the order in which the members were laid off.
(d) A member who is laid off shall keep the appointing authority advised of the member's current address. The appointing authority shall inform a member of the member's reinstatement by written notice sent by certified mail to the member's last known address.
(e) Not later than twenty (20) calendar days after the date notice of reinstatement is sent under subsection (d), the member must advise the appointing authority whether the member:
(1) accepts reinstatement; and
(2) will be able to commence employment on the date specified in the notice.
(f) All reinstatement rights granted to a member under this section terminate on the earlier of:
(1) the date the member fails to accept reinstatement within the time specified in subsection (e); or
(2)three (3) five (5) years after the date on which a member's
layoff begins.
(b) If it is necessary for the appointing authority to reduce the number of members of the department by layoff for financial reasons, the last member appointed to the department must be the first to be laid off. Additional members must be laid off in reverse hiring order until the desired level of employment is achieved.
(c) If department membership is increased, the members of the department who have been laid off under this section must be reinstated before any new member is appointed to the department. The last member to be laid off from the department must be the first to be reinstated. Additional members must be reinstated in reverse of the order in which the members were laid off.
(d) A member who is laid off shall keep the appointing authority advised of the member's current address. The appointing authority shall inform a member of the member's reinstatement by written notice sent by certified mail to the member's last known address.
(e) Not later than twenty (20) calendar days after the date notice of reinstatement is sent under subsection (d), the member must advise the appointing authority whether the member:
(1) accepts reinstatement; and
(2) will be able to commence employment on the date specified in the notice.
(f) All reinstatement rights granted to a member under this section terminate on the earlier of:
(1) the date the member fails to accept reinstatement within the time specified in subsection (e); or
(2)
