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
this 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 or
this style type reconciles conflicts
between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
HOUSE ENROLLED ACT No. 1194
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)HE1194.1.1. -->
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 of his 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
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)HE1194.1.2. -->
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.