Bill Text: IN HB1317 | 2012 | Regular Session | Introduced
Bill Title: Local government issues.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Government and Regulatory Reform [HB1317 Detail]
Download: Indiana-2012-HB1317-Introduced.html
Citations Affected: IC 3-5; IC 3-8-1; IC 3-10; IC 3-11;
IC 4-3-22-14.5; IC 5-3-1-3; IC 5-4-1-4; IC 5-11-13-1; IC 5-22-22-12;
IC 6-1.1; IC 12-7-2; IC 12-20; IC 12-30-4-0.5; IC 13-11-2; IC 15-16;
IC 16-41-19-7; IC 20-23-3-1.5; IC 23-14; IC 32-26; IC 33-34;
IC 34-30-2-58; IC 35-51-36-1; IC 36-1; IC 36-1.5-1-10; IC 36-2;
IC 36-3; IC 36-5-1-20; IC 36-6; IC 36-8; IC 36-9; IC 36-10;
IC 36-12-1-7.5; IC 36-12-2-13.
Effective: Upon passage; July 1, 2012.
January 10, 2012, read first time and referred to Committee on Government and Regulatory
Reform.
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assistance, cemeteries, and weeds are transferred to the county executive; and (2) the powers and duties of the township assessor are transferred to the county assessor. Provides that public funds from any source may not be expended by a political subdivision or by the state to promote a position on the public question, and prohibits certain other actions by a political subdivision or the state in promoting a position on the public question. Provides that if a majority of voters in Marion County approve the public question, the responsibilities of the township trustee concerning township small claims courts are transferred to the mayor and city-county council of the consolidated city. Specifies that: (1) the small claims courts operate independently from the circuit and superior courts; and (2) except for adopting the budget and approving salaries, the city-county council does not have authority over a small claims court judge and the operations of a small claims court. Provides that if the public question is approved in Marion County, the office of the small claims court constable in Marion County is abolished, and beginning January 1, 2014, personnel provided by the department of public safety of the consolidated city shall perform the duties formerly performed by the constables. Specifies that in counties (other than Marion County) that approve the public question concerning elimination of township government, a fire protection district is established on January 1, 2014, in the unincorporated territory of each township. Specifies that such a fire protection district: (1) may not be established in the territory of a township that is already included in a fire protection district as of January 1, 2014; (2) does not have a board of fire trustees; and (3) must have a single fire trustee appointed by the county executive. Provides that the county fiscal body shall by ordinance set the salary of a fire trustee in the county, and that the salary of a fire trustee shall be paid by the county. Provides that if the public question is approved in Marion County, each township fire department that has not previously been consolidated is consolidated into the fire department of the consolidated city on the earlier of a date set by executive order of the county executive or January 1, 2014. Provides that, not later than January 1, 2014, each fire department within a county must enter into a mutual aid agreement with one or more other fire departments within the county. Provides that a transfer of powers and duties between a township and the county results in the transfer of that township's property, equipment, personnel, records, rights, contracts, and indebtedness. Provides that if a township trustee or county trustee does not: (1) accept a completed application for township assistance; or (2) grant or deny a completed application for township assistance within the period required by law; the application is considered denied, and the denial may be appealed. Establishes a township assistance planning board (board) in each county. Provides that the board shall propose, for adoption by the county fiscal body, township standards that apply to all townships effective January 1, 2013. Specifies that in counties that approve the public question, the board must prepare a county plan for delivery of township assistance services that: (1) must be approved by the county executive and county fiscal body; and (2) takes effect January 1, 2014. Provides that after December 31, 2013, in counties that approve a public question, a county trustee administers township assistance in the county in accordance with the county plan. Specifies that, when formulating a proposed annual budget estimate for 2013 and thereafter, the township executive and the county fiscal body shall, with regard to a township capital improvement fund or cumulative building fund, consider the township capital improvement plan. Provides that after December 31,
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2012, a township may collect property taxes for a capital improvement fund in a particular year only if the township trustee prepares and the county fiscal body approves a proposed or amended capital improvement plan in the immediately preceding year. Abolishes the Marion County board of commissioners effective July 1, 2012. Requires the office of management and budget to annually prepare a report that includes certain information regarding each township. Requires the report to be submitted to the executive director of the legislative services agency and to county councils. Specifies that an office of a political subdivision must include the address, telephone number, and regular office hours (if any) of the office in at least one local telephone directory. Requires a public meeting or a public hearing of an official or governing body of a political subdivision to be held in a public place. Requires the annual report of a county, city, town, or township to list separately each expenditure that is made to reimburse the executive of that unit for the executive's use of real and personal property for public business, including any reimbursements made for the use of a private residence, personal telephone, or personal vehicle for public business. Specifies that an individual who is a relative of an officer of a political subdivision may not be employed by the political subdivision. Provides that an individual who is a relative of an employee of a political subdivision may not be employed in a position in which the individual would have a direct supervisory or subordinate relationship with the employee who is the individual's relative. Specifies that until January 1, 2013, this provision does not require the termination or reassignment of an employee from a position held by that individual before July 1, 2012. Prohibits a political subdivision from entering into or renewing contracts with certain individuals or firms. Provides that the annual report filed by a local government unit with the state board of accounts must include a statement by the executive officer of the unit certifying that the political subdivision is in compliance with the nepotism provisions. Provides that if the political subdivision is not in compliance, the DLGF may not approve the political subdivision's budget or additional appropriations for the ensuing calendar year until the state board of accounts certifies to the DLGF that the political subdivision is in compliance. Provides that the DLGF may not approve the budget or any additional appropriations of a political subdivision that fails to file: (1) an annual fiscal report; or (2) a personnel report; for the preceding year. Provides that an employee of a political subdivision is considered to have resigned from employment with the unit if the employee: (1) assumes the elected executive office of the political subdivision; or (2) becomes an elected member of the political subdivision's executive, legislative, or fiscal body. Makes this provision apply to an employee of a political subdivision who assumes an elected office after June 30, 2012. Provides that in the case of an individual who, on June 30, 2012, holds an elected office of the political subdivision that employs the individual, the individual may continue to hold that elected office and simultaneously be an employee of the political subdivision until the end of the term of office in which the individual was serving on June 30, 2012. Specifies that this provision does not prohibit an employee of a political subdivision from holding an elected office of a political subdivision other than the political subdivision that employs the employee. Provides that a member of a board, commission, committee, council, or any other body with the responsibility of administering the affairs of a unit may not participate in a decision or vote of the body if the member: (1) has a pecuniary interest in; or (2) derives a profit from;
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a contract, purchase, sale, employment, or other transaction connected
with the unit. Prohibits a member from participating in a decision or
vote involving the merger, consolidation, or reorganization of the unit's
functions or services, if the member is also an employee of a unit
involved in the merger. Requires a member to: (1) disclose a pecuniary
interest or profit, in writing, to the governmental body that the member
serves on; and (2) provide a copy of the disclosure to the state board of
accounts. Provides that in counties other than Marion County, the
county executive may adopt an ordinance providing that the voters of
the county shall elect a single county commissioner as the chief
executive officer of the county and a county council that has the
legislative and fiscal powers and duties of the county. Provides that
such an ordinance may be adopted only during an odd-numbered year
or before July 1 of an even-numbered year. Specifies that if such an
ordinance is adopted unanimously, the county's government structure
shall be changed as provided in the ordinance. Specifies that if such an
ordinance is adopted, but not unanimously, the county's government
structure shall be changed as provided in the ordinance only if the
change is approved in a referendum by county voters. Provides that in
a county with a single county chief executive officer: (1) the initial
county chief executive officer is elected in the second general election
after the ordinance to change the structure of county government is
approved (if unanimous) or the change is approved in the referendum;
(2) the board of county commissioners is abolished; and (3) the
membership of the county council continues under existing law.
Provides that if a school township exists in a township in which a
public question to eliminate township government is approved, the
school township shall reorganize under the school reorganization
statutes before January 1, 2014. Establishes an interim study committee
on township assistance reform to study: (1) the base level of township
assistance that a township or county should be required to provide; and
(2) changing references to "township assistance" in the Indiana Code
to "emergency assistance".
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.
(1) board of county commissioners, for a county
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
[EFFECTIVE JULY 1, 2012]: Sec. 25. "Fiscal body" means:
(1) county council, for a county not having a consolidated city;
(2) city-county council, for a consolidated city or county having
a consolidated city;
(3) common council, for a second or third class city;
(4) town council, for a town;
(5) township board, for a township:
(A) the township board, before January 1, 2013; and
(B) the county fiscal body, after December 31, 2012; or
(6) governing body or budget approval body, for any other
political subdivision.
Chapter 9. Government Employees Holding Office
Sec. 1. This chapter applies to a government employee who, after June 30, 2012, assumes an elected office of the political subdivision that employs the individual.
Sec. 2. As used in this chapter, "elected office" refers only to the offices of the following:
(1) The elected executive or an elected member of the executive body of a political subdivision.
(2) An elected member of the legislative body of a political subdivision.
(3) An elected member of the fiscal body of a political subdivision.
Sec. 3. As used in this chapter, "government employee" refers to an employee of a political subdivision. The term does not include an individual who only holds an elected office.
Sec. 4. (a) Except as provided in subsection (b), an individual is considered to have resigned as a government employee when the individual assumes an elected office of the political subdivision that employs the individual.
(b) In the case of an individual who, on June 30, 2012, holds an elected office of the political subdivision that employs the individual, the individual may, notwithstanding any other provision of this chapter, continue to hold that elected office and simultaneously be an employee of the political subdivision until the end of the term of office in which the individual was serving on June 30, 2012.
Sec. 5. This chapter does not prohibit a government employee from holding an elected office of a political subdivision other than
the political subdivision that employs the government employee.
(1) have resided in the county for at least one (1) year before the election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana; and
(2) have resided in the district in which seeking election, if applicable, for at least six (6) months before the election.
(b) This subsection applies to elections in a county in which a county chief executive officer is elected under IC 36-2-2.5. A candidate for the office of county chief executive officer must have resided in the county for at least one (1) year before the election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana.
(b) A candidate for the office of constable of a small claims court must:
(1) have resided in the township for more than one (1) year upon taking office; and
(2) be at least twenty-one (21) years old upon taking office.
For paper ballots, print: To vote for a person, make a voting mark (X or .) on or in the box before the person's name in the proper column. For optical scan ballots, print: To vote for a person, darken or shade in the circle, oval, or square (or draw a line to connect the arrow) that precedes the person's name in the proper column. For optical scan ballots that do not contain a candidate's name, print: To vote for a person, darken or shade in the oval that precedes the number assigned to the person's name in the proper column. For electronic voting systems, print: To vote for a person, touch the screen (or press the
button) in the location indicated.
Vote for one (1) only
Representative in Congress
[] (1) AB __________
[] (2) CD __________
[] (3) EF __________
[] (4) GH __________
(b) Local public questions shall be placed on the primary election
ballot after the voting instructions described in subsection (a) and
before the offices described in subsection (e).
(c) The local public questions described in subsection (b) shall be
placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the voting instructions described in subsection (a) and
before the offices described in subsection (e), in the form
specified in IC 3-11-13-11 if voting is by ballot card; or
(3) as provided by either of the following if voting is by an
electronic voting system:
(A) On a separate screen for a public question.
(B) After the voting instructions described in subsection (a)
and before the offices described in subsection (e), in the form
specified in IC 3-11-14-3.5.
(d) A public question shall be placed on the primary election ballot
in the following form:
[] YES
[] NO
(b) (e) The offices with candidates for nomination shall be placed
on the primary election ballot in the following order:
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as
required by IC 33-30-3-3.
(E) (D) Prosecuting attorney.
(F) (E) Circuit court clerk.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner, except in a county that is subject
to IC 36-2-2.5.
(I) County chief executive officer, in a county that is
subject to IC 36-2-2.5.
(I) (J) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in
IC 36-6-5-1(d)). This subdivision does not apply to elections
in 2014 and thereafter in a county that approves a public
question under IC 36-6-1.2.
(B) Township trustee. This subdivision does not apply to
elections in 2014 and thereafter in a county that approves
a public question under IC 36-6-1.2.
(C) Township board member. This subdivision does not
apply to elections in 2012 and thereafter.
(D) Judge of the small claims court.
(E) Constable of the small claims court. This subdivision does
not apply to elections in 2014 and thereafter in a county
that approves a public question under IC 36-6-1.2.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(1) Precinct committeeman.
(2) State convention delegate.
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the offices described in subsection
(3) either:
(A) on a separate screen for each office or public question; or
(B) after the offices described in subsection
if voting is by an electronic voting system.
(1) Clerk of the circuit court.
(2) County auditor.
(3) County recorder.
(4) County treasurer.
(5) County sheriff.
(6) County coroner.
(7) County surveyor.
(8) County assessor.
(9) County commissioner, except in a county that is subject to IC 36-2-2.5.
(10) County chief executive officer, in a county that is subject to IC 36-2-2.5.
(b) Notwithstanding subsection (a), an individual elected to the office of township board member at the general election in 2010 shall serve a two (2) year term. This subsection expires January 1, 2014.
(c) This subsection applies to a township in a county that approves a public question under IC 36-6-1.2. Notwithstanding subsection (a), an individual elected to the office of township trustee at the general election in 2010 shall serve a three (3) year term. This subsection expires January 1, 2014.
(b) The legislative body of a township may not change the boundary of a legislative body district established under IC 36-6-6-2.5 after November 8 of the year preceding the year in which an election is held to elect township board members and before the day following the date on which an election is held to elect township board members.
(c) This section expires January 1, 2013.
[EFFECTIVE JULY 1, 2012]: Sec. 12. The following offices shall be
placed on the general election ballot in the following order after the
public questions described in section 10(a) of this chapter:
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as
required by IC 33-30-3-3.
(E) (D) Prosecuting attorney.
(F) (E) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner, except in a county that is subject
to IC 36-2-2.5.
(I) County chief executive officer, in a county that is
subject to IC 36-2-2.5.
(I) (J) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)). This clause does not apply to elections in 2014 and thereafter in a county that approves a public question under IC 36-6-1.2.
(B) Township trustee. This clause does not apply to elections in 2014 and thereafter in a county that approves a public question under IC 36-6-1.2.
(C) Township board member. This clause does not apply to elections in 2012 and thereafter.
(D) Judge of the small claims court.
(E) Constable of the small claims court. This clause does not apply to elections in 2014 and thereafter in a county that approves a public question under IC 36-6-1.2.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(1) The population of the township.
(2) The budget, property tax levies, and property tax rates adopted by the county fiscal body and approved by the department of local government finance.
(3) The assessed valuation in the township used to determine property taxes first due and payable in the preceding calendar year.
(4) The balance in each township fund as of the end of the preceding calendar year.
(5) A summary of the township assistance information submitted by the township trustee under IC 12-20-28-3.
(6) A summary of any statutory compliance issues or exceptions noted by the state board of accounts in its examination report for the township for the preceding calendar year.
(7) A description of any interlocal agreements in effect concerning the township's functions and duties.
(8) A description of any resolutions or petitions concerning the township that were adopted or submitted under IC 36-1.5 (government modernization) during the preceding calendar year.
(9) A description of the property owned or leased by the township.
(b) To the extent that the information required by subsection (a) has not been previously submitted to or certified by the OMB or the department of local government finance, a township shall submit the information to the OMB in an electronic format prescribed by the state board of accounts on a schedule established by the state board of accounts.
(c) The OMB shall do the following before July 1 of each year:
(1) Submit a copy of the report prepared under subsection (a) to the executive director of the legislative services agency in an electronic format under IC 5-14-6.
(2) Submit to the county council of each county a copy of the information compiled in the report for each township within the county.
(d) This section does not apply after December 31, 2013, in a county that approves a public question under IC 36-6-1.2.
(b) The annual financial report of a city or town must separately list each expenditure that is made to reimburse the city or town executive for the executive's use of tangible property (as defined in IC 6-1.1-1-19) for public business, including any reimbursements made for the executive's use of a private residence, a personal telephone, or a personal vehicle for public business. As used in this section, "private residence" means a place that is not a public place.
(1) Actual receipts and expenditures by major accounts as compared to the budget advertised under IC 6-1.1-17-3 for the prior calendar year.
(2) The salary schedule for all certificated employees (as defined in IC 20-29-2-4) as of June 30, with the number of employees at each salary increment. However, the listing of salaries of individual teachers is not required.
(3) The extracurricular salary schedule as of June 30.
(4) The range of rates of pay for all noncertificated employees by specific classification.
(5) The number of employees who are full-time certificated, part-time certificated, full-time noncertificated, and part-time noncertificated.
(6) The lowest, highest, and average salary for the administrative staff and the number of administrators without a listing of the names of particular administrators.
(7) The number of students enrolled at each grade level and the total enrollment.
(8) The assessed valuation of the school corporation for the prior and current calendar year.
(9) The tax rate for each fund for the prior and current calendar year.
(10) In the general fund, capital projects fund, and transportation fund, a report of the total payment made to each vendor for the specific fund in excess of two thousand five hundred dollars ($2,500) during the prior calendar year. However, a school corporation is not required to include more than two hundred (200) vendors whose total payment to each vendor was in excess of two thousand five hundred dollars ($2,500). A school corporation shall list the vendors in descending order from the vendor with the highest total payment to the vendor with the lowest total payment above the minimum listed in this subdivision.
(11) A statement providing that the contracts, vouchers, and bills for all payments made by the school corporation are in its possession and open to public inspection.
(12) The total indebtedness as of the end of the prior calendar year showing the total amount of notes, bonds, certificates, claims due, total amount due from such corporation for public improvement assessments or intersections of streets, and any and all other evidences of indebtedness outstanding and unpaid at the close of the prior calendar year.
(1) Develop guidelines for the preparation and form of the financial report.
(2) Provide information to assist school corporations in the preparation of the financial report.
(b) The copy of the oath under section 2 of this chapter shall be deposited by the person as follows:
(1) The oath of all officers whose oath is endorsed on or attached to the commission and whose duties are not limited to a particular county or of a justice, judge, or prosecuting attorney, in the office of the secretary of state.
(2) The oath of the circuit court clerk, officers of a political subdivision or school corporation, and constables of a small claims court, in the circuit court clerk's office of the county containing the greatest percentage of the population of the political subdivision or school corporation. This subdivision does not apply after December 31, 2013, if the county approves the public question under IC 36-6-1.2.
(3) This subdivision applies after December 31, 2013, if the county approves the public question under IC 36-6-1.2. The oath of the following shall be deposited by the person in the circuit court clerk's office of the county containing the greatest percentage of the population of the political subdivision or school corporation:
(A) The circuit court clerk.
(B) Officers of a political subdivision or school corporation.
(b) This subsection applies only to a political subdivision subject to IC 36-1-6.5. A report under subsection (a) that is submitted after December 31, 2012, by the political subdivision must include a statement by the executive (as defined in IC 36-1-2-5) of the political subdivision, regarding whether the political subdivision has implemented a policy that complies with IC 36-1-6.5. If the political subdivision does not implement a policy that complies with IC 36-1-6.5, the department of local government finance may not approve the political subdivision's budget or any additional appropriations for the political subdivision for the ensuing calendar year.
(1) Fire trucks.
(2) Emergency service vehicles.
(3) Firefighting or emergency services equipment.
(b) As used in this section, "fire department" refers to any of the following:
(1) A volunteer fire department (as defined in IC 36-8-12-2).
(2) The board of fire trustees of a fire protection district established under IC 36-8-11.
(3) After December 31, 2013, a fire trustee of a fire protection district established under IC 36-8-11-4.5.
(c) Notwithstanding section 4, 4.5, or 5 of this chapter, a governmental body may transfer title of surplus property to a fire department for the fire department's use in providing fire protection or emergency services.
(d) A fire department located in the same county as the governmental body offering the surplus property for transfer has the right of first refusal for all surplus property offered. Surplus property that is refused by the fire departments located in the same county as the governmental body may be transferred to any fire department in Indiana.
(e) A governmental body may transfer title of surplus property to a fire department under this section by:
(1) sale;
(2) gift; or
(3) another arrangement acceptable to the governmental body and the fire department.
(b) The exemption application referred to in section 3 of this chapter is not required if the exempt property is a cemetery:
(1) described by IC 6-1.1-2-7; or
(2) maintained by a township executive or (after December 31, 2013, in a county that approves a public question under IC 36-6-1.2) the county executive under IC 23-14-68.
(c) The exemption application referred to in section 3 of this chapter is not required if the exempt property is owned by the bureau of motor
vehicles commission established under IC 9-15-1.
(d) The exemption application referred to in section 3 or 3.5 of this
chapter is not required if:
(1) the exempt property is:
(A) tangible property used for religious purposes described in
IC 6-1.1-10-21;
(B) tangible property owned by a church or religious society
used for educational purposes described in IC 6-1.1-10-16;
(C) other tangible property owned, occupied, and used by a
person for educational, literary, scientific, religious, or
charitable purposes described in IC 6-1.1-10-16; or
(D) other tangible property owned by a fraternity or sorority
(as defined in IC 6-1.1-10-24).
(2) the exemption application referred to in section 3 or 3.5 of this
chapter was filed properly at least once for a religious use under
IC 6-1.1-10-21, an educational, literary, scientific, religious, or
charitable use under IC 6-1.1-10-16, or use by a fraternity or
sorority under IC 6-1.1-10-24; and
(3) the property continues to meet the requirements for an
exemption under IC 6-1.1-10-16, IC 6-1.1-10-21, or
IC 6-1.1-10-24.
A change in ownership of property does not terminate an exemption of
the property if after the change in ownership the property continues to
meet the requirements for an exemption under IC 6-1.1-10-16,
IC 6-1.1-10-21, or IC 6-1.1-10-24. However, if title to any of the real
property subject to the exemption changes or any of the tangible
property subject to the exemption is used for a nonexempt purpose after
the date of the last properly filed exemption application, the person that
obtained the exemption or the current owner of the property shall notify
the county assessor for the county where the tangible property is
located of the change in the year that the change occurs. The notice
must be in the form prescribed by the department of local government
finance. If the county assessor discovers that title to property granted
an exemption described in IC 6-1.1-10-16, IC 6-1.1-10-21, or
IC 6-1.1-10-24 has changed, the county assessor shall notify the
persons entitled to a tax statement under IC 6-1.1-22-8.1 for the
property of the change in title and indicate that the county auditor will
suspend the exemption for the property until the persons provide the
county assessor with an affidavit, signed under penalties of perjury, that
identifies the new owners of the property and indicates that the
property continues to meet the requirements for an exemption under
IC 6-1.1-10-21, IC 6-1.1-10-16, or IC 6-1.1-10-24. Upon receipt of the
affidavit, the county assessor shall reinstate the exemption for the years
for which the exemption was suspended and each year thereafter that
the property continues to meet the requirements for an exemption under
IC 6-1.1-10-21, IC 6-1.1-10-16, or IC 6-1.1-10-24.
(1) township assistance;
(2) unemployment relief;
(3) old age pensions; or
(4) other funds which may at any time be made available under "The Economic Security Act" or under any other federal act which provides for civil and public works projects.
(b) When formulating an annual budget estimate, the proper officers of a political subdivision shall prepare an estimate of the amount of revenue that the political subdivision will receive under a development agreement (as defined in IC 36-1-8-9.5) for and during the budget year for which the budget is being formulated. Revenue received under a development agreement may not be used to reduce the political subdivision's maximum levy under IC 6-1.1-18.5 but may be used at the discretion of the political subdivision to reduce the property tax levy of the political subdivision for a particular year.
(c) When formulating a proposed annual budget estimate for 2013 and thereafter, the township executive and the county fiscal body shall, with regard to a township capital improvement fund or cumulative building fund, consider the township capital improvement plan prepared under IC 36-6-10.
(d) After December 31, 2012, the county fiscal body shall fix the budget, tax rate, and tax levy of each township in the county under section 5 of this chapter.
proposed tax rate and tax levy on the form prescribed by the
department of local government finance and approved by the state
board of accounts. The political subdivision shall give notice by
publication to taxpayers of:
(1) the estimated budget;
(2) the estimated maximum permissible levy;
(3) the current and proposed tax levies of each fund; and
(4) the amounts of excessive levy appeals to be requested.
In the notice, the political subdivision shall also state the time and
place at which a public hearing will be held on these items. The notice
shall be published twice in accordance with IC 5-3-1 with the first
publication at least ten (10) days before the date fixed for the public
hearing. Beginning in 2009, the duties required by this subsection must
be completed before September 10 of the calendar year.
(b) The board of directors of a solid waste management district
established under IC 13-21 or IC 13-9.5-2 (before its repeal) may
conduct the public hearing required under subsection (a):
(1) in any county of the solid waste management district; and
(2) in accordance with the annual notice of meetings published
under IC 13-21-5-2.
(c) The trustee of each township in the county shall estimate the
amount necessary to meet the cost of township assistance in the
township for the ensuing calendar year. The township board shall adopt
with the township budget a tax rate sufficient to meet the estimated cost
of township assistance. The taxes collected as a result of the tax rate
adopted under this subsection are credited to the township assistance
fund.
(d) This subsection expires January 1, 2009. A county shall adopt
with the county budget and the department of local government finance
shall certify under section 16 of this chapter a tax rate sufficient to raise
the levy necessary to pay the following:
(1) The cost of child services (as defined in IC 12-19-7-1) of the
county payable from the family and children's fund.
(2) The cost of children's psychiatric residential treatment
services (as defined in IC 12-19-7.5-1) of the county payable from
the children's psychiatric residential treatment services fund.
A budget, tax rate, or tax levy adopted by a county fiscal body or
approved or modified by a county board of tax adjustment that is less
than the levy necessary to pay the costs described in subdivision (1) or
(2) shall not be treated as a final budget, tax rate, or tax levy under
section 11 of this chapter.
(d) This subsection applies only to a county that approves a
public question under IC 36-6-1.2. This subsection applies to
budgets for calendar years after 2013 and to property taxes first
due and payable after 2013. Notwithstanding any other law, in
2013 and each year thereafter, the county executive shall estimate
the amount necessary to meet the cost of township assistance in the
county for the ensuing calendar year. The county fiscal body shall
adopt with the county budget for property taxes due in 2014 and
each year thereafter a uniform tax rate throughout the county
sufficient to meet the estimated cost of township assistance in the
county. The taxes collected as a result of the tax rate adopted under
this subsection shall be credited to the township assistance fund
established under IC 12-20-21-6.
(e) The following apply to township budgets adopted for 2013:
(1) Except as provided in subdivision (2), the total amount
appropriated by the township board for a particular year
(including any additional appropriations made for that year)
may not exceed the result of:
(A) the total amount appropriated for the previous year
(including any additional appropriations made for that
year); multiplied by
(B) the assessed value growth quotient determined under
IC 6-1.1-18.5-2 and applicable to the township for the
particular year.
(2) If the county fiscal body determines after a public hearing
that a township cannot carry out its governmental functions
for 2013 under the appropriation limitations imposed by
subdivision (1), the county fiscal body may appeal before
October 20, 2012, to the department of local government
finance for relief from the appropriation limitations for the
ensuing year. In the appeal, the county fiscal body must state
that the township will be unable to carry out the
governmental functions committed to it by law unless the
township is given relief from the appropriation limits. The
county fiscal body must support the appeal by reasonably
detailed statements of fact. The department of local
government finance shall review the merits of the appeal. If
the department of local government finance determines after
reviewing the appeal that the township cannot carry out its
governmental functions for a year under the appropriation
limitations imposed by subdivision (1), the department of local
government finance may grant relief from those
appropriation limitations in the manner determined to be
appropriate by the department of local government finance.
This subsection expires January 1, 2014.
(b) In the case of a county that approves a public question under IC 36-6-1.2, the county's maximum permissible ad valorem property tax levy for township assistance for property taxes first due and payable in 2014 is equal to the result of:
(1) the total amount of property taxes levied for township assistance by all townships in the county for property taxes first due and payable in 2013; multiplied by
(2) the assessed value growth quotient determined under section 2 of this chapter for 2014.
(c) In the case of a county that approves a public question under IC 36-6-1.2, the county's maximum permissible ad valorem property tax levy for township assistance for property taxes for an ensuing calendar year after 2014 is equal to:
(1) the county's maximum permissible ad valorem property tax levy for township assistance determined under this section for the current calendar year; multiplied by
(2) the assessed value growth quotient determined under section 2 of this chapter for the ensuing calendar year.
(b) As used in this section, "vacant parcel" refers to a parcel that satisfies all the following:
(1) A lien has been acquired on the parcel under section 6(a) of this chapter.
(2) The parcel is unimproved on the date the parcel is offered for sale under this chapter.
(3) The construction of a structure intended for residential use on the parcel is permitted by law.
(4) On the date the parcel is offered for sale under this chapter, the parcel is contiguous to one (1) or more parcels that satisfy the following:
(A) One (1) or more of the following are located on the contiguous parcel:
(i) A structure occupied for residential use.
(ii) A structure used in conjunction with a structure occupied for residential use.
(B) The contiguous parcel is eligible for the standard deduction under IC 6-1.1-12-37.
(c) The county legislative body may, by ordinance, establish criteria for the identification of vacant parcels to be offered for sale under this section. The criteria may include the following:
(1) Limitations on the use of the parcel under local zoning and land use requirements.
(2) Minimum parcel area sufficient for construction of improvements.
(3) Any other factor considered appropriate by the county legislative body.
In a county containing a consolidated city, the county legislative body may adopt an ordinance under this subsection only upon recommendation by the
(d) If the county legislative body adopts an ordinance under subsection (c), the county executive shall for each tax sale:
(1) by resolution, identify each vacant parcel that the county executive desires to sell under this section; and
(2) subject to subsection (e), give written notice to the owner of record of each parcel referred to in subsection (b)(4) that is contiguous to the vacant parcel.
(e) The notice under subsection (d)(2) with respect to each vacant parcel must include at least the following:
(1) A description of the vacant parcel by:
(A) legal description; and
(B) parcel number or street address, or both.
(2) Notice that the county executive will accept written applications from owners of parcels described in subsection (b)(4) as provided in subsection (f).
(3) Notice of the deadline for applications referred to in subdivision (2) and of the information to be included in the applications.
(4) Notice that the vacant parcel will be sold to the successful
applicant for one dollar ($1).
(5) Notice of the exemption provisions of subsection (l).
(f) To be eligible to purchase a vacant parcel under this section, the
owner of a contiguous parcel referred to in subsection (b)(4) must file
a written application with the county executive. The application must:
(1) identify the vacant parcel that the applicant desires to
purchase; and
(2) include any other information required by the county
executive.
(g) If more than one (1) application to purchase a single vacant
parcel is filed with the county executive, the county executive shall
conduct a drawing between or among the applicants in which each
applicant has an equal chance to be selected as the transferee of the
vacant parcel.
(h) The county executive shall by resolution make a final
determination concerning the vacant parcels that are to be sold under
this section.
(i) After the final determination of vacant parcels to be sold under
subsection (h), the county executive shall:
(1) on behalf of the county, cause all delinquent taxes, special
assessments, penalties, interest, and costs of sale with respect to
the vacant parcels to be removed from the tax duplicate;
(2) give notice of the final determination to:
(A) the successful applicant;
(B) the county auditor; and
(C) the township assessor, or the county assessor if there is no
township assessor for the township.
(j) Upon receipt of notice under subsection (i)(2):
(1) the county auditor shall:
(A) collect the purchase price from each successful applicant;
and
(B) subject to subsection (k), prepare a deed transferring each
vacant parcel to the successful applicant; and
(2) the township assessor or county assessor shall consolidate
each vacant parcel sold and the contiguous parcel owned by the
successful applicant into a single parcel.
(k) The county auditor shall include in the deed prepared under
subsection (j)(1)(B) reference to the exemption under subsection (l).
(l) Except as provided in subsection (m), each consolidated parcel
referred to in subsection (j)(2) is entitled to an exemption from property
taxation beginning on the assessment date that next succeeds the
consolidation in the amount of the assessed value at the time of
consolidation of the vacant parcel that was subject to the consolidation.
(m) The exemption under subsection (l) is terminated as of the
assessment date that next succeeds the earlier of the following:
(1) Five (5) years after the transfer of title to the successful
applicant.
(2) The first transfer of title to the consolidated parcel that occurs
after the consolidation.
(1) For purposes of IC 12-10-10 and IC 12-10-11, the community and home options to institutional care for the elderly and disabled board established by IC 12-10-11-1.
(2) For purposes of IC 12-12-7-5, the meaning set forth in IC 12-12-7-5(a).
(3) For purposes of IC 12-15-35, the meaning set forth in IC 12-15-35-2.
(4) For purposes of IC 12-20, the meaning set forth in IC 12-20-1.5-2.
(1) IC 12-15-44.2, has the meaning set forth in IC 12-15-44.2-1; and
(2) IC 12-20, means a township assistance plan prepared under IC 12-20-1.6.
(b) A person who receives any item of value from an applicant or a recipient in connection with assisting that applicant or recipient in obtaining township assistance commits township assistance profiteering, a Class C misdemeanor.
(c) A person who unfairly profits from the:
(1) sale, lease, or rental of goods or shelter; or
(2) provision of services;
to a township assistance recipient commits township assistance fraud, a Class D felony. For purposes of this subsection, a person unfairly profits if the person receives payment from the township trustee or (after December 31, 2013, in a county that approves a public question under IC 36-6-1.2) the county trustee for goods or services that the person does not provide or the person charges the township trustee or (after December 31, 2013, in a county that approves a public question under IC 36-6-1.2) the county trustee more for the goods or services than the person would charge members of the public.
(d) In addition to any other penalty imposed for a conviction under subsection (c), a person who is convicted of township assistance fraud is ineligible to participate in the township assistance program for thirty (30) years after the date of the conviction.
(b) The county shall establish in 2014 a township assistance fund for the county.
(c) Beginning with property taxes first due and payable in 2014, the fund shall be raised by a tax levy that:
(1) is in addition to all other tax levies authorized; and
(2) shall be levied annually by the county fiscal body on all taxable property in the county in the amount necessary to pay the items, awards, claims, allowances, assistance, and other expenses set forth in the annual county township assistance
budget for the township.
(d) The tax imposed under this section shall be collected as other
county ad valorem taxes are collected.
(e) The following shall be paid into the fund:
(1) All receipts from the tax imposed under this section.
(2) Earnings on the money deposited in the fund.
(3) Any other money required by law to be placed in the fund.
(f) The fund is available to pay expenses and obligations set
forth in the annual budget.
(g) Money in the fund at the end of a budget year does not
revert to the county general fund.
Chapter 1.5. Township Assistance Planning Board
Sec. 1. This chapter applies to all counties.
Sec. 2. As used in this chapter, "board" means the township assistance planning board established for a county under section 3 of this chapter.
Sec. 3. (a) Each county shall establish a township assistance planning board. The county executive shall appoint the members of the board not later than June 30, 2012. The board consists of the following members:
(1) One (1) trustee from an unincorporated area of the county. However, if there is no unincorporated area in the county, the member appointed under this section must be from an incorporated area in the county.
(2) One (1) trustee from an incorporated area of the county.
(3) One (1) person employed by a faith based human services provider agency.
(4) One (1) person employed by a government funded human services provider agency.
(5) One (1) person employed by a nonprofit human services provider agency.
(6) Two (2) citizen members who:
(A) are not employed by; and
(B) are not a party to a contract with;
a township or a human services provider agency.
(7) One (1) member of the county fiscal body.
(8) One (1) member of the fiscal body of the municipality in the county with the largest population.
(b) If the county approves a public question under IC 36-6-1.2,
the county trustee appointed under IC 12-20-1.7 shall serve as an
advisory member to the board after December 31, 2013. The
advisory member has all the privileges of membership, except the
right to vote.
(c) A majority of the voting members of the board constitutes a
quorum. An affirmative vote of a majority of the members of the
board is required for the board to take action.
Sec. 4. (a) The first meeting of the board shall be convened not
later than August 1, 2012, by the member of the county fiscal body
appointed to the board.
(b) The board shall select a chairperson from among its
members at the board's first meeting.
(c) The members of the board serve at the pleasure of the
appointing authority.
(d) Each county fiscal body shall determine, in the manner
provided by law, the compensation of the members of the board.
(e) The board is a public agency for purposes of IC 5-14-1.5 and
IC 5-14-3.
Sec. 5. The board has the duty and responsibility to propose and
annually review the county's township assistance standards. The
standards apply to all townships in the county.
Sec. 6. Before June 1, 2013, the board shall adopt a resolution
approving standards that meet the requirements of this article and
forward the resolution to the county fiscal body for adoption. The
standards adopted by the county fiscal body take effect January 1,
2014.
Chapter 1.6. Plan for Delivery of Township Assistance Services Throughout the County
Sec. 1. Except as specifically provided, this chapter applies after December 31, 2013. This chapter applies only to a county that approves a public question under IC 36-6-1.2.
Sec. 2. As used in this chapter, "board" means the township assistance planning board established for a county under IC 12-20-1.5-3.
Sec. 3. As used in this chapter, "plan" means a township assistance plan prepared by a board under this chapter.
Sec. 4. (a) Before June 1, 2013, the board shall develop a plan for the delivery of township assistance services throughout the county that is consistent with the standards adopted under
IC 12-20-1.5 and this chapter. The plan must apply to the provision
of township assistance services after December 31, 2013.
(b) In preparing a plan, the board shall make the following
determinations:
(1) Whether the county will:
(A) provide township assistance services by means of its
own workforce; or
(B) contract with a service provider to provide some or all
township assistance services.
(2) Office hours, locations, and staffing levels.
Sec. 5. (a) The board shall prepare and recommend a township
assistance budget for calendar year 2014 to the county executive.
The county executive may reduce and modify but not increase the
recommended budget.
(b) The department of local government finance shall review the
budget for calendar year 2014. If the budget spends more than the
combined budgets of the existing townships, the department of
local government finance may reduce and modify but not increase
the budget.
Sec. 6. (a) The board shall adopt a resolution approving the plan
and forward the resolution to the county executive for adoption.
(b) If:
(1) the county executive adopts an ordinance approving the
plan; and
(2) the ordinance is approved by the county fiscal body;
the plan and the transfer of township assistance responsibilities to
the county take effect January 1, 2014.
Chapter 1.7. County Trustee
Sec. 1. This chapter applies after December 31, 2013. This chapter applies only to a county that approves a public question under IC 36-6-1.2.
Sec. 2. (a) The county executive shall appoint a county trustee to administer township assistance. The county trustee shall carry out the county trustee's powers and duties as directed by the county executive.
(b) The county trustee serves at the pleasure of the county executive.
Sec. 3. The county trustee may not have a conviction for township assistance fraud under IC 12-20-1-4.
Sec. 4. (a) The county trustee shall perform all duties related to township assistance that were performed by township trustees in the county before township government was abolished. The county trustee, in performing the powers and duties under IC 12-20 and IC 12-30-4, acts as the administrator of township assistance for the county.
(b) The county trustee shall perform the following duties and responsibilities in accordance with the county plan:
(1) Administer emergency assistance within the standards adopted under IC 12-20-1.5, including:
(A) accepting and processing applications for township assistance;
(B) investigating applications for township assistance;
(C) approving and denying applications for township assistance;
(D) administering approved relief; and
(E) working with other governmental and nonprofit providers of assistance to direct applicants to other resources.
(2) Hire and manage staff.
(3) Operate township assistance offices.
(4) Administer the township assistance fund established under IC 12-20-21-6.
(5) Complete the annual township assistance statistical report under IC 12-20-28 and maintain data on township assistance.
(6) If provided for in the county plan, conduct rehabilitation, training, and work programs.
(7) Manage contracts with human services providers for any of the duties and responsibilities of the county trustee.
(8) Any other responsibility provided for by law.
(b) A suit or proceeding in favor of or against a township trustee concerning township assistance shall be conducted in favor of or against the township in the township's corporate name.
under IC 36-6-1.2.
(a) (b) If a township trustee, who serves as administrator of
township assistance, is removed from office, resigns, or in any other
way vacates the office of township trustee, the township trustee shall
immediately deliver all books, papers, and other materials concerning
the office to the trustee's successor upon the successor's appointment.
(b) (c) If a township trustee, who serves as administrator of
township assistance, dies, the township trustee's executors or
administrators shall, not more than forty (40) days after the trustee's
death, deliver all materials belonging to the township trustee's office to
the trustee's successor in office.
(1) Employ supervisors, investigators, assistants, or other necessary employees in discharging the township trustee's duties concerning the provision of township assistance.
(2) Fix the salaries or wages to be paid to the supervisors, investigators, assistants, and other necessary employees employed by the township trustee.
(b) This subsection applies after December 31, 2013. This subsection applies only in a county that approves a public question under IC 36-6-1.2. The county trustee:
(1) shall, subject to the approval of the county fiscal body, hire employees and staff; and
(2) may, subject to the approval of the county fiscal body, establish offices throughout the county;
for the provision of township assistance in accordance with the county plan.
(b) This subsection applies after December 31, 2013. This
subsection applies only to a county that approves a public question
under IC 36-6-1.2. The county trustee may:
(1) in accordance with the county plan; and
(2) subject to the approval of the county fiscal body;
determine the number of township assistance supervisors,
investigators, assistants, or other necessary employees that are
employed by the county to administer township assistance.
(b) (c) This subsection does not apply after December 31, 2013,
in a county that approves a public question under IC 36-6-1.2. The
pay of township assistance supervisors, investigators, assistants, and
other necessary employees shall be fixed by the township trustee
subject only to the total budgetary appropriation for personnel services
for the administration of township assistance approved by the township
board.
(d) This subsection applies after December 31, 2013. This
subsection applies only to a county that approves a public question
under IC 36-6-1.2. The pay of township assistance employees shall
be fixed in the manner provided by law for other county salaries.
(c) (e) This subsection does not apply after December 31, 2013,
in a county that approves a public question under IC 36-6-1.2. A
township assistance supervisor, investigator, assistant, or other
necessary employee who uses an automobile in the performance of the
employee's work is entitled to the same mileage paid to state officers
and employees.
(f) This subsection applies after December 31, 2013. This
subsection applies only to a county that approves a public question
under IC 36-6-1.2. A township assistance employee of a county is
entitled to a sum for mileage at a rate determined by the county
fiscal body.
(b) This subsection applies after December 31, 2013. This subsection applies only to a county that approves a public question under IC 36-6-1.2. If there are more than four (4) township
assistance investigators, the county trustee may, if provided by the
county plan, and subject to the approval of the county fiscal body,
employ one (1) additional supervisor for each twelve (12) township
assistance investigators or major fraction of that number.
(c) This subsection applies after December 31, 2013. This
subsection applies only to a county that approves a public question
under IC 36-6-1.2. The county may hire the number of additional
supervisors provided for in the county plan.
(b) (d) This subsection does not apply after December 31, 2013,
in a county that approves a public question under IC 36-6-1.2. The
pay for supervisors of township assistance investigators shall be fixed
in the manner provided by law for other township salaries.
(e) This subsection applies after December 31, 2013. This
subsection applies only to a county that approves a public question
under IC 36-6-1.2. The pay of township assistance investigators
shall be fixed in the manner provided by law for other county
salaries.
(1) Two (2) or more townships in the same county.
(2) After December 31, 2013, two (2) or more counties that have approved a public question under IC 36-6-1.2.
(b) Payment for investigations conducted under this section shall be made on the basis of the number of cases handled for each township in the same manner and at the same rate as otherwise provided for the payment of investigators under this chapter. This subsection does not apply after December 31, 2013, to a county that approves a public question under IC 36-6-1.2.
(b) A township assistance supervisor, investigator, assistant, or other necessary employee shall be paid at the rate established by the township trustee from an appropriation by the township board with no deduction for legal holidays.
(c) A township assistance supervisor, investigator, assistant, or other
necessary employee shall be paid out of the same money as claims for
township assistance are paid. Claims for pay are payable upon
presentation of a sworn claim itemizing each day for which pay is
requested. Claims are to be made and filed in the same manner as other
claims for township assistance expenditures are payable, at least once
each month.
(d) Each township assistance chief deputy, investigator, supervisor,
assistant, or other necessary employee may be granted paid vacation
leave or sick leave under IC 5-10-6-1.
(e) The township trustee of a township having a population of at
least ten thousand (10,000) may appoint a chief deputy. A chief deputy
may be paid from any township funds.
(f) This section does not apply after December 31, 2013, in a
county that approves a public question under IC 36-6-1.2.
(1) township trustee,
(2) county trustee (after December 31, 2013, in a county that approves a public question under IC 36-6-1.2), if permitted by the county plan and subject to the approval of the county fiscal body;
may employ personnel to supervise rehabilitation, training, retraining, and work programs as provided in IC 12-20-13.
(b) The township's standards for the issuance of township assistance and the processing of applications must be:
(1) governed by the requirements of this article;
(2) for standards applicable before January 1, 2013, proposed by the township trustee, adopted by the township board, and filed with the board of county commissioners;
(3) for standards applicable after December 31, 2012,
proposed by the township assistance planning board and
adopted by ordinance of the county fiscal body;
(3) (4) reviewed and updated annually to reflect changes in the
cost of basic necessities in the township and changes in the law;
(4) (5) published in a single written document, including addenda
attached to the document; and
(5) (6) posted in a place prominently visible to the public in all
offices of the township trustee where township assistance
applications are taken or processed; and
(7) posted on the county's Internet web site, if the county
maintains an Internet web site.
(1) Criteria for determining township assistance eligibility.
(2) Minimum requirements of township trustee accessibility.
(3) Other information as needed, including the following:
(A) Township office locations, hours, and days of availability.
(B) Initial eligibility criteria.
(C) Continuing eligibility criteria.
(D) Workfare requirements.
(E) Essential and nonessential assets.
(F) Available resources.
(G) Income exemptions.
(H) Application process.
(I) Countable income.
(J) Countable assets.
(K) Wasted resources.
(b) Standards for the administration of township assistance must exclude a Holocaust victim's settlement payment received by an eligible individual from countable assets and countable income.
trustee or, for standards applicable after December 31, 2012, the
county fiscal body shall set income standards for the township that
provide for financial eligibility in an amount consistent with reasonable
costs of basic necessities in the trustee's particular township.
(b) A township trustee or, for standards applicable after
December 31, 2012, the county fiscal body may not consider a
Holocaust victim's settlement payment received by an eligible
individual when setting income standards under this section.
(b) The township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.2) the county trustee shall determine whether an applicant or a member of the applicant's household has been denied assistance under IC 12-14-1-1, IC 12-14-1-1.5, IC 12-14-2-5.1, IC 12-14-2-5.3, IC 12-14-2-18, IC 12-14-2-20, IC 12-14-2-21, IC 12-14-2-24, IC 12-14-2-26, IC 12-14-2.5, or IC 12-14-5.5.
(c) A township trustee has no obligation to extend aid to an applicant or to a member of an applicant's household who has been denied assistance as described in subsection (b). This subsection does not apply after December 31, 2013, in a county that approves a public question under IC 36-6-1.2.
(d) This subsection applies after December 31, 2013. This subsection applies only to a county that approves a public question under IC 36-6-1.2. A county plan may provide that a county trustee has no obligation to extend aid to an applicant or to a member of an applicant's household who has been denied assistance as described in subsection (b).
(1) If the conviction is a misdemeanor, a township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.2) a county trustee shall not extend aid to the applicant or the member of the applicant's household for one (1) year after the conviction.
(2) If the conviction is a felony, a township trustee or (after
December 31, 2013, in the case of a county that approves a
public question under IC 36-6-1.2) a county trustee shall not
extend aid to the applicant or the member of the applicant's
household for ten (10) years after the conviction.
(b) An individual filing an application and affidavit on behalf of a household must provide the names of all household members and any information necessary for determining the household's eligibility for township assistance. The application must be on the form prescribed by the state board of accounts.
(c) An applicant for utility assistance under IC 12-20-16-3(a) must comply with
(d) The township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.2) a county trustee may not extend additional or continuing aid to an individual or a household unless the individual or household files an affidavit with the request for assistance affirming how, if at all, the personal condition of the individual or the household has changed from that set forth in the individual's or household's most recent application.
(e) The township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.2) a county trustee shall assist an applicant for township assistance in completing a township assistance application if the applicant:
(1) has a mental or physical disability, including mental retardation, cerebral palsy, blindness, or paralysis;
(2) has dyslexia; or
(3) cannot read or write the English language.
under this article, the Social Security Administration, the federal Food
Stamp program (7 U.S.C. 2011 et seq.), or by another federal or state
governmental entity.
(b) If a township trustee or (after December 31, 2013, in the case
of a county that approves a public question under IC 36-6-1.2) a
county trustee believes a township assistance applicant or a member
of the applicant's household may be eligible for a public assistance
program, the trustee may not extend aid to the applicant or the
applicant's household unless the applicant verifies that:
(1) the applicant has filed, within the one hundred eighty (180)
days preceding the application for township assistance, an
application for assistance under a federal or state public
assistance program administered by the division of family
resources and county offices or by another federal or state
governmental entity;
(2) the applicant or a member of the applicant's household is
receiving assistance under a public assistance program
administered by the division of family resources and county
offices or another federal or state governmental entity; or
(3) the applicant or a member of the applicant's household has an
emergency need that the trustee determines must be met
immediately.
SECTION 114, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 5.5. (a) This section does not apply
in an emergency.
(b) If, before granting township assistance, the township trustee or
(after December 31, 2013, in the case of a county that approves a
public question under IC 36-6-1.2) the county trustee determines
that an applicant or a member of an applicant's household may be
eligible for public assistance other than township assistance, the
applicant or household member shall, when referred by the township
trustee or the county trustee, make an application and comply with all
necessary requirements for completing the application process for
public assistance administered by:
(1) the division of family resources and county offices; or
(2) any other federal or state governmental entity.
(c) An applicant or a household member who fails to:
(1) file an application as specified in subsection (b); and
(2) show evidence that the application, as referred by the
township trustee or (after December 31, 2013, in the case of a
county that approves a public question under IC 36-6-1.2) the
county trustee was filed not more than fifteen (15) working days
after the township trustee's referral;
may be denied township assistance for not more than sixty (60) days.
(1) If the conviction is for a misdemeanor, for one (1) year after the conviction.
(2) If the conviction is for a felony, for ten (10) years after the conviction.
(b) If a township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.2) a county trustee finds that an individual has obtained township assistance from any township or (after December 31, 2013) county by means of conduct described in IC 35-43-5-7, the township trustee or county trustee may refuse to extend aid to or for the benefit of that individual for sixty (60) days after the later of the:
(1) date of the improper conduct; or
(2) date aid was last extended to the individual based on the
improper conduct.
(1) a township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.2) a county trustee may not extend aid to or for the benefit of an individual if that aid would pay for goods or services provided to or for the benefit of the individual; and
(2) a:
(A) township; or
(B) after December 31, 2013, county that approves a public question under IC 36-6-1.2 (if so provided in the county plan);
is not obligated to pay the cost of basic necessities incurred on behalf of the household in which the individual resides;
during a period that the individual has previously applied for and been denied township assistance.
(b) This subsection does not apply after December 31, 2013, in a county that approves a public question under IC 36-6-1.2. In a nonemergency request for township assistance, the trustee shall act on the completed application not later than seventy-two (72) hours after receiving the application, excluding weekends and legal holidays listed in IC 1-1-9. The trustee's office shall retain a copy of each application and affidavit whether or not relief is granted.
(c) This subsection applies after December 31, 2013. This subsection applies only to a county that approves a public question under IC 36-6-1.2. In a nonemergency request for township assistance, the county trustee shall act on the completed application not later than the earlier of the following:
(1) The time specified in the county plan.
(2) Seventy-two (72) hours after receiving the application, excluding weekends and legal holidays listed in IC 1-1-9.
The trustee's office shall retain a copy of each application and affidavit whether or not relief is granted.
application for township assistance, except in a case of emergency, are
the following:
(1) Grant assistance.
(2) Deny assistance, including a partial denial of assistance
requested.
(3) Leave the decision pending. After December 31, 2013, the
county trustee in a county that approves a public question
under IC 36-6-1.2 may leave the decision pending only if
permitted by the county plan.
(c) (e) A decision pending determination under subsection (b)(3):
(d)(3):
(1) may not remain pending for more than seventy-two (72) hours
after the expiration of the period described in subsection (a); (b);
and
(2) must include a statement listing the specific reasons that
assistance is not granted or denied within the period required
under subsection (a). (b).
This subsection does not apply after December 31, 2013, in a
county that approves a public question under IC 36-6-1.2.
(f) This subsection applies after December 31, 2013. This
subsection applies only to a county that approves a public question
under IC 36-6-1.2. A decision pending determination under
subsection (d)(3):
(1) may not remain pending for more than the earlier of:
(A) the period specified in the county plan; or
(B) seventy-two (72) hours after the expiration of the
period described in subsection (c); and
(2) must include a statement listing the specific reasons that
assistance is not granted or denied within the period required
under subsection (c).
(g) If a township trustee or (after December 31, 2013, in the case
of a county that approves a public question under IC 36-6-1.2) a
county trustee does not:
(1) accept a completed application for township assistance; or
(2) grant or deny a completed application for township
assistance within the period required under this section;
the application is considered denied, and the denial may be
appealed under IC 12-20-15.1.
IC 36-6-1.2) a county trustee shall promptly notify in writing each
applicant for township assistance of action taken upon a completed
application for township assistance, The trustee shall do including the
following:
(1) The trustee shall mail notice or provide personal notice not
later than seventy-two (72) hours, excluding weekends and legal
holidays listed in IC 1-1-9, after the completed application is
received advising the applicant of the right to appeal an adverse
decision of the trustee to the board of commissioners. This
subdivision does not apply after December 31, 2013, in a
county that approves a public question under IC 36-6-1.2.
(2) This subdivision applies after December 31, 2013, and
applies only to a county that approves a public question under
IC 36-6-1.2. The trustee shall mail notice or provide personal
notice not later than the earlier of:
(A) the time specified in the county plan; or
(B) seventy-two (72) hours, excluding weekends and legal
holidays listed in IC 1-1-9, after the completed application
is received;
advising the applicant of the right to appeal an adverse
decision of the trustee to the circuit court having jurisdiction
in the county.
(2) (3) The trustee shall include in the notice required under
subdivision subdivisions (1) and (2) the following:
(A) The type and amount of assistance granted.
(B) The type and amount of assistance denied or partially
granted.
(C) Specific reasons for denying all or part of the assistance
requested.
(D) Information advising the applicant of the procedures for
appeal to the board of commissioners or (after December 31,
2013, in the case of a county that approves a public
question under IC 36-6-1.2) to the circuit court having
jurisdiction in the county.
(E) After December 31, 2013, in the case of a county that
approves a public question under IC 36-6-1.2, any other
information required by the county plan.
(b) A copy of the notice described in subsection (a) shall be filed
with the recipient's application and affidavit in the trustee's office.
(c) An application for township assistance is not considered
complete until all adult members of the requesting household have
signed:
(1) the township assistance application; and
(2) any other form, instrument, or document:
(A) required by law; or
(B) determined necessary for investigative purposes by the trustee, as contained in the township's township assistance
This subsection does not apply after December 31, 2013, in a county that approves a public question under IC 36-6-1.2.
(b) A township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.2) a county trustee shall investigate to ascertain the following:
(1) Legal residence.
(2) Names and ages.
(3) Physical condition relating to sickness or health.
(4) Present and previous occupation.
(5) Ability and capacity to perform labor.
(6) The cause of the applicant's or household member's condition if the applicant or household member is found to be in need and the cause can be ascertained.
(7) Whether the applicant or a member of the applicant's household is entitled to income in the immediate future from any source, including the following:
(A) Past or present employment.
(B) A pending claim or cause of action that may result in a monetary award being received by any member of the applicant's household claiming to be in need.
(C) A pending determination for assistance from any other federal or state governmental entity.
(8) The family relationships of the township assistance applicant.
(9) Whether the township assistance applicant or members of the applicant's household have relatives able and willing to assist the applicant or a member of the applicant's household.
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 10. (a) As used in this section, "relative" includes
only the parent, stepparent, child, stepchild, sibling, stepsibling,
grandparent, stepgrandparent, grandchild, or stepgrandchild of a
township assistance applicant.
(b) If an applicant who applies for township assistance or a member
of the applicant's household has a relative living in the township or
(after December 31, 2013, in the case of a county that approves a
public question under IC 36-6-1.2) the county who is able to assist
the applicant or member of the applicant's household, the township
trustee shall, as administrator of township assistance and before
granting aid a second time, ask the relative to help the applicant or
member of the applicant's household, either with material relief or by
furnishing employment.
(c) A township trustee or (after December 31, 2013, in the case of
a county that approves a public question under IC 36-6-1.2) a
county trustee may not use township assistance funds to pay the cost
of an applicant's shelter with a relative who is the applicant's landlord
if the applicant lives in:
(1) the same household as the relative; or
(2) housing separate from the relative and either:
(A) the housing is unencumbered by mortgage; or
(B) the housing has not been previously rented by the relative
to a different tenant at reasonable market rates for at least six
(6) months.
(d) If shelter payments are made to a relative of a township
assistance applicant on behalf of the applicant or a member of the
applicant's household, the township trustee or (after December 31,
2013, in the case of a county that approves a public question under
IC 36-6-1.2) the county trustee may file a lien against the relative's
real property for the amount of township shelter assistance granted.
(b) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county that approves a public question under IC 36-6-1.2 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township trustee in a county that approves a public question under
IC 36-6-1.2 is considered a reference to the county trustee
appointed under IC 12-20-1.7.
(1) The applicant's name, case number, and address.
(2) The types of information being solicited, including the following:
(A) Countable income.
(B) Countable assets.
(C) Wasted resources.
(D) Relatives capable of providing assistance.
(E) Past or present employment.
(F) Pending claims or causes of action.
(G) A medical condition if relevant to work or workfare requirements.
(H) Any other information required by law.
(3) The names of individuals, agencies, and
(4) The expiration date of the permission to disclose information.
(b) Information that is declared to be confidential by state or federal statute may not be obtained under the consent form prescribed by this section.
(c) The
(d) The
(e) The division of family resources, county offices, and the office of Medicaid policy and planning shall make available to the
(f) If an individual who is required to sign a form under this section is unable to sign the form in the
alternate arrangements to obtain the individual's signature.
(1) "township" in the case of a township in a county that approves a public question under IC 36-6-1.2 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a county that approves a public question under IC 36-6-1.2 is considered a reference to the county trustee appointed under IC 12-20-1.7.
(b) Notwithstanding any other law, a county may provide township assistance only to an individual who is a resident of the county or who intends to make the county the individual's sole place of residence.
(c) The county trustee may consider all relevant information that supports or refutes the individual's intent to make the township or county the individual's sole place of residence, except the length of time the individual has been located in the township or county.
(b) The township trustee may consider all relevant information that supports or refutes the individual's intent to make the township or county the individual's sole place of residence, except the length of time the individual has been located in the township or county.
(c) This section does not apply after December 31, 2013, to a county that approves a public question under IC 36-6-1.2.
subject to section 3 or 5 of this chapter only if the provisions of the
section are included in the county plan.
(b) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county that
approves a public question under IC 36-6-1.2 is considered a
reference to the county; and
(2) "township trustee" or "trustee" in the case of a county
that approves a public question under IC 36-6-1.2 is
considered a reference to the county trustee appointed under
IC 12-20-1.7.
(b) This subsection applies after December 31, 2013. This subsection applies only to a county that approves a public question under IC 36-6-1.2. The county trustee may call upon residents of the county to aid in finding employment for a township assistance applicant who is able to work.
(1) "township" in the case of a township in a county in which
a public question is approved under IC 36-6-1.2 is considered
a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township
in a county in which a public question is approved under
IC 36-6-1.2 is considered a reference to the county trustee
appointed under IC 12-20-1.7.
(1) federal, state, or local governmental entity; or
(2) nonprofit agency.
(b) After December 31, 2012, any reference in this chapter to "township board" is considered a reference to the county fiscal body.
(c) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county in which a public question is approved under IC 36-6-1.2 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county in which a public question is approved under IC 36-6-1.2 is considered a reference to the county trustee appointed under IC 12-20-1.7.
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]:
Chapter 15.1. Appeals of Denial or Reduction in the Amount of
Township Assistance in Counties that Approve a Public Question
Under IC 36-6-1.2
Sec. 1. This chapter applies after December 31, 2013. This
chapter applies only to a county that approves a public question
under IC 36-6-1.2.
Sec. 2. If an applicant for or recipient of township assistance is
not satisfied with the decision of the county trustee, the applicant
or recipient may appeal to the circuit court in the county.
Sec. 3. In hearing an appeal, the court is governed by the
county's township assistance standards for determining eligibility
for granting township assistance in the county adopted under
IC 12-20-1.5. If legally sufficient standards have not been
established, the court is guided by the circumstances of the case.
(b) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county in which a public question is approved under IC 36-6-1.2 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county in which a public question is approved under IC 36-6-1.2 is considered a reference to the county trustee appointed under IC 12-20-1.7.
(b) After December 31, 2012, any reference to "township board" is considered a reference to the county fiscal body.
(c) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county in which a public question is approved under IC 36-6-1.2 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county in which a public question is approved under IC 36-6-1.2 is considered a reference to the county trustee appointed under IC 12-20-1.7.
(b) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county in which a public question is approved under IC 36-6-1.2 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county in which a public question is approved under IC 36-6-1.2 is considered a reference to the county trustee appointed under IC 12-20-1.7.
(b) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county in which a public question is approved under IC 36-6-1.2 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county in which a public question is approved under IC 36-6-1.2 is considered a reference to the county trustee appointed under IC 12-20-1.7.
(1) itemized and sworn to as provided by law;
(2) accompanied by the original township assistance order, which must be itemized and signed; and
(3) checked with the records of the township trustee, as administrator of township assistance, and audited and certified by the township trustee.
(b) After December 31, 2013, this subsection applies only to a county that does not approve a public question under IC 36-6-1.2. The township trustee shall pay claims against the township for township assistance in the same manner that other claims against the township are paid. The township trustee, when authorized to pay claims directly to vendors, shall pay a claim within forty-five (45) days. The township trustee shall pay the claim from:
(1) any balance standing to the credit of the township against which the claim is filed; or
(2) from any other available fund from which advancements can be made to the township for that purpose.
(c) This subsection applies after December 31, 2013. This subsection applies only to a county that approves a public question under IC 36-6-1.2. A county trustee shall pay claims against the county for township assistance in the same manner that other claims against the county are paid.
(b) This subsection does not apply to a county having a consolidated city. If the township board does not appeal to borrow money under IC 12-20-24 or if an appeal fails, the board of commissioners may borrow money or otherwise provide the money . If the county commissioners determine to borrow the money or otherwise provide the money, the county fiscal body shall promptly pass necessary ordinances and make the necessary appropriations to enable this to be done, after determining whether to borrow money by any of the following:
(1) A temporary loan against taxes levied and in the process of collection.
(2) The sale of county township assistance bonds or other county obligations.
(3) Any other lawful method of obtaining money for the payment of township assistance claims.
(c) This subsection applies only to a county having a consolidated
city. If a township board does not appeal to borrow money under
IC 12-20-24 or if an appeal fails, the board of commissioners shall
borrow money or otherwise provide the money. The county fiscal body
shall promptly pass necessary ordinances and make the necessary
appropriations to enable this to be done, after determining whether to
borrow money by any of the following methods:
(1) A temporary loan against taxes levied and in the process of
collection.
(2) The sale of county township assistance bonds or other county
obligations.
(3) Any other lawful method of obtaining money for the payment
of township assistance claims.
(d) After December 31, 2013, this section applies only to a
county that does not approve a public question under IC 36-6-1.2.
(b) If a tax levy is established under subsection (a), all proceeds derived from the tax levy shall be distributed to the township at the same time and in the same manner as proceeds from other property tax levies are distributed to the township. The proceeds of the tax levy shall be held by the township in its township assistance account free and available for the payment of township assistance obligations of the township. The funds are continuing funds and do not revert to any other fund at the end of the year.
(c) After December 31, 2013, this section applies only to a county that does not approve a public question under IC 36-6-1.2.
(b) The fund shall be raised by a tax levy that:
(1) is in addition to all other tax levies authorized; and
(2) shall be levied annually for property taxes first due and payable in 2014 and thereafter by the county fiscal body on all taxable property in the county in the amount necessary to pay the items, awards, claims, allowances, assistance, and other expenses set forth in the annual county township assistance budget.
(c) The tax imposed under this section shall be collected as other state and county ad valorem taxes are collected.
(d) The following shall be paid into the fund:
(1) All receipts from the tax imposed under this section.
(2) Any other money required by law to be placed in the fund.
(e) The fund is available to pay expenses and obligations set forth in the annual budget.
(f) Money in the fund at the end of a budget year does not revert to the county general fund.
(g) The department of local government finance shall, for property taxes first due and payable after December 31, 2013, adjust the maximum permissible ad valorem property tax levy of each county that approves a public question under IC 36-6-1.2 as necessary and proper to account for the transfer of township assistance budgeting and property tax levies from townships to counties after December 31, 2013.
[EFFECTIVE JULY 1, 2012]:
Chapter 24.5. Township Assistance Borrowing for Counties
That Approve a Public Question Under IC 36-6-1.2
Sec. 1. This chapter applies after December 31, 2013. This
chapter applies only to a county that approves a public question
under IC 36-6-1.2.
Sec. 2. (a) In addition to the other methods of township
assistance financing provided by this article, if the county trustee
determines that the county's township assistance fund will be
exhausted before the end of a fiscal year, the county trustee shall
notify the county fiscal body of that determination.
(b) After receiving notice under subsection (a) that the county's
township assistance fund will be exhausted before the end of a
fiscal year, the county fiscal body may appeal to the department of
local government finance for the right to borrow money on a short
term basis to fund township assistance services in the county. In
the appeal, the county fiscal body must do the following:
(1) Show that the amount of money contained in the township
assistance fund will not be sufficient to fund services required
to be provided within the county by this article.
(2) Show the amount of money that the county fiscal body
estimates will be needed to fund the deficit.
(3) Indicate a period, not to exceed five (5) years, during
which the county would repay the loan.
Sec. 3. (a) If upon appeal under section 2 of this chapter the
department of local government finance determines that a county
fiscal body should be allowed to borrow money under this chapter,
the department shall order the county executive to borrow the
money from a financial institution on behalf of the county fiscal
body and to deposit the money borrowed in the county's township
assistance fund.
(b) If upon appeal under section 2 of this chapter, the
department of local government finance determines that a county
fiscal body should not be allowed to borrow money, the county
fiscal body may not borrow money under this chapter for that
year.
Sec. 4. If a loan is approved under this chapter, the department
of local government finance shall determine the period during
which the county shall repay the loan. However, the period may
not exceed five (5) years.
Sec. 5. The department of local government finance may not do
any of the following:
(1) Approve a request to borrow money made under this
chapter unless the county fiscal body determines that the
county's township assistance fund will be exhausted before the
fund can fund all township obligations incurred under this
article.
(2) Recommend or approve a loan that will exceed the
estimated amount of the deficit.
Sec. 6. (a) If a county fiscal body:
(1) appeals before August 1 for permission to borrow money;
(2) receives permission from the department to borrow money
before November 1 of that year; and
(3) borrows money under this chapter;
the county fiscal body shall levy a property tax beginning in the
next succeeding year and continuing for the term of the loan in an
amount each year that will be sufficient to pay the principal and
interest due on the loan for the year.
(b) If the county fiscal body:
(1) appeals after August 1 for permission to borrow money;
(2) receives permission from the department of local
government finance to borrow money; and
(3) borrows money in the year of the appeal under this
chapter;
the county fiscal body shall levy a property tax beginning in the
second succeeding year and continuing for the term of the loan in
an amount each year that will be sufficient to pay the principal and
interest due on the loan for the year.
(c) The property taxes levied under this section shall be retained
by the county executive and applied by the county executive to
retire the debt.
Sec. 7. A county fiscal body must make an additional
appropriation before money borrowed under this chapter may be
spent.
(1) "township" in the case of a township in a county that approves a public question under IC 36-6-1.2 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county that approves a public question under IC 36-6-1.2 is considered a reference to the county trustee appointed under IC 12-20-1.7.
(1) number of times assistance is provided; or
(2) number of households in which the individual resides during a particular year.
township housing, medical care, utility assistance, food assistance,
burial assistance, food pantry assistance, services related to
representative payee programs, services related to special
nontraditional programs, and case management services with the state
board of accounts. The township trustee shall provide a copy of the
annual statistical report to the county auditor. The county auditor shall
keep the copy of the report in the county auditor's office. Except as
provided in subsection (k), (l), the report must be made on a form
provided by the state board of accounts. The report must contain the
following information:
(1) The total number of requests for assistance.
(2) The total number of each of the following:
(A) Recipients of township assistance.
(B) Households containing recipients of township assistance.
(C) Case contacts made with or on behalf of:
(i) recipients of township assistance; or
(ii) members of a household receiving township assistance.
(3) The total value of benefits provided to recipients of township
assistance.
(4) The total value of benefits provided through the efforts of
township staff from sources other than township funds.
(5) The total number of each of the following:
(A) Recipients of township assistance and households
receiving utility assistance.
(B) Recipients assisted by township staff in receiving utility
assistance from sources other than township funds.
(6) The total value of benefits provided for the payment of
utilities, including the value of benefits of utility assistance
provided through the efforts of township staff from sources other
than township funds.
(7) The total number of each of the following:
(A) Recipients of township assistance and households
receiving housing assistance.
(B) Recipients assisted by township staff in receiving housing
assistance from sources other than township funds.
(8) The total value of benefits provided for housing assistance,
including the value of benefits of housing assistance provided
through the efforts of township staff from sources other than
township funds.
(9) The total number of each of the following:
(A) Recipients of township assistance and households
receiving food assistance.
(B) Recipients assisted by township staff in receiving food assistance from sources other than township funds.
(10) The total value of food assistance provided, including the value of food assistance provided through the efforts of township staff from sources other than township funds.
(11) The total number of each of the following:
(A) Recipients of township assistance and households provided health care.
(B) Recipients assisted by township staff in receiving health care assistance from sources other than township funds.
(12) The total value of health care provided, including the value of health care assistance provided through the efforts of township staff from sources other than township funds.
(13) The total number of funerals, burials, and cremations.
(14) The total value of funerals, burials, and cremations, including the difference between the:
(A) actual value of the funerals, burials, and cremations; and
(B) amount paid by the township for the funerals, burials, and cremations.
(15) The total of each of the following:
(A) Number of nights of emergency shelter provided to the homeless.
(B) Number of nights of emergency shelter provided to homeless individuals through the efforts of township staff from sources other than township funds.
(C) Value of the nights of emergency shelter provided to homeless individuals by the township and the value of the nights of emergency shelter provided through the efforts of the township staff from sources other than township funds.
(16) The total of each of the following:
(A) Number of referrals of township assistance applicants to other programs.
(B) Value of the services provided by the township in making referrals to other programs.
(17) The total number of training programs or job placements found for recipients of township assistance with the assistance of the township trustee.
(18) The number of hours spent by recipients of township assistance at workfare.
(19) The total value of the services provided by workfare to the township and other agencies.
(20) The total amount of reimbursement for assistance received
from:
(A) recipients;
(B) members of recipients' households; or
(C) recipients' estates;
under IC 12-20-6-10, IC 12-20-27-1, or IC 12-20-27-1.5.
(21) The total amount of reimbursement for assistance received
from medical programs under IC 12-20-16-2(e).
(22) The total of each of the following:
(A) Number of individuals assisted through a representative
payee program.
(B) Amount of funds processed through the representative
payee program that are not township funds.
(23) The total of each of the following:
(A) Number of individuals assisted through special
nontraditional programs provided through the township
without the expenditure of township funds.
(B) Amount of funds used to provide the special nontraditional
programs that are not township funds.
(24) The total of each of the following:
(A) Number of hours an investigator of township assistance
spends providing case management services to a recipient of
township assistance or a member of a household receiving
township assistance.
(B) Value of the case management services provided.
(25) The total number of housing inspections performed by the
township.
If the total number or value of any item required to be reported under
this subsection is zero (0), the township trustee shall include the
notation "0" in the report where the total number or value is required
to be reported.
(g) (h) The state board of accounts shall compare and compile all
data reported under subsection (f) (g) into a statewide statistical report.
The department shall summarize the data compiled by the state board
of accounts that relate to the fixing of township budgets, levies, and tax
rates and shall include the department's summary within the statewide
statistical report prepared under this subsection. Before July 1 of each
year, the state board of accounts shall file the statewide statistical
report prepared under this subsection with the executive director of the
legislative services agency in an electronic format under IC 5-14-6.
(h) (i) The state board of accounts shall forward a copy of:
(1) each annual report forwarded to the board under subsection
(f); (g); and
(2) the statewide statistical report under subsection
to the department and the division of family resources.
(1) The method of reporting is acceptable to both the township trustee reporting the information and the governmental entity to which the information is reported.
(2) A written copy of information reported by electronic transfer is on file with the township trustee reporting information by electronic means.
(b) The definitions in section 3 of this chapter apply to a report that is required to be filed under this section.
(c) As used in this section, "county trustee" means the county trustee appointed under IC 12-20-1.7.
(d) The county trustee shall file an annual statistical report on county housing, medical care, utility assistance, food assistance, burial assistance, food pantry assistance, services related to representative payee programs, services related to special nontraditional programs, and case management services with the state board of accounts. The county trustee shall provide a copy of the annual statistical report to the county auditor. The county auditor shall keep the copy of the report in the county auditor's office. Except as provided in subsection (i), the report must be
made on a form provided by the state board of accounts. The
report must contain the following information:
(1) The total number of requests for assistance.
(2) The total number of each of the following:
(A) Recipients of township assistance.
(B) Households containing recipients of township
assistance.
(C) Case contacts made with or on behalf of:
(i) recipients of township assistance; or
(ii) members of a household receiving township
assistance.
(3) The total value of benefits provided to recipients of
township assistance.
(4) The total value of benefits provided through the efforts of
the county from sources other than county funds.
(5) The total number of each of the following:
(A) Recipients of township assistance and households
receiving utility assistance.
(B) Recipients assisted by staff of the county trustee in
receiving utility assistance from sources other than county
funds.
(6) The total value of benefits provided for the payment of
utilities, including the value of benefits of utility assistance
provided through the efforts of the county from sources other
than county funds.
(7) The total number of each of the following:
(A) Recipients of township assistance and households
receiving housing assistance.
(B) Recipients assisted by the county in receiving housing
assistance from sources other than county funds.
(8) The total value of benefits provided for housing assistance,
including the value of benefits of housing assistance provided
through the efforts of the county, from sources other than
county funds.
(9) The total number of each of the following:
(A) Recipients of township assistance and households
receiving food assistance.
(B) Recipients assisted by the county in receiving food
assistance from sources other than county funds.
(10) The total value of food assistance provided, including the
value of food assistance provided through the efforts of the
county from sources other than county funds.
(11) The total number of each of the following:
(A) Recipients of township assistance and households provided health care.
(B) Recipients assisted by the county in receiving health care assistance from sources other than county funds.
(12) The total value of health care provided, including the value of health care assistance provided through the efforts of the county from sources other than county funds.
(13) The total number of funerals, burials, and cremations.
(14) The total value of funerals, burials, and cremations, including the difference between the actual value of the funerals, burials, and cremations and the amount paid by the county for the funerals, burials, and cremations.
(15) The total of each of the following:
(A) Number of nights of emergency shelter provided to homeless individuals.
(B) Number of nights of emergency shelter provided to homeless individuals through the efforts of the county from sources other than county funds.
(C) Value of the nights of emergency shelter provided to homeless individuals by the county and the value of the nights of emergency shelter provided through the efforts of the county from sources other than county funds.
(16) The total of each of the following:
(A) Number of referrals of township assistance applicants to other programs.
(B) Value of the services provided by the county in making referrals to other programs.
(17) The total number of training programs or job placements found for recipients of township assistance with the assistance of the county trustee.
(18) The number of hours spent by recipients of township assistance at workfare.
(19) The total value of the services provided by workfare to the county and other agencies.
(20) The total amount of reimbursement for assistance received from:
(A) recipients;
(B) members of recipients' households; or
(C) recipients' estates;
under IC 12-20-6-10, IC 12-20-27-1, or IC 12-20-27-1.5.
(21) The total amount of reimbursement for assistance
received from medical programs under IC 12-20-16-2(e).
(22) The total of each of the following:
(A) Number of individuals assisted through a
representative payee program.
(B) Amount of funds processed through the representative
payee program that are not county funds.
(23) The total of each of the following:
(A) Number of individuals assisted through special
nontraditional programs provided through the township or
the county without the expenditure of county funds.
(B) Amount of funds used to provide the special
nontraditional programs that are not county funds.
(24) The total of each of the following:
(A) Number of hours an investigator of township assistance
spends providing case management services to a recipient
of township assistance or a member of a household
receiving township assistance.
(B) Value of the case management services provided.
(25) The total number of housing inspections performed by
the county.
If the total number or value of any item required to be reported
under this subsection is zero (0), the board shall include the
notation "0" in the report where the total number or value is
required to be reported.
(e) The state board of accounts shall compare and compile all
data reported under subsection (d) into a statewide statistical
report. The department shall summarize the data compiled by the
state board of accounts that relates to the fixing of county budgets,
levies, and tax rates and shall include the department's summary
within the statewide statistical report prepared under this
subsection. Before July 1 of each year, the state board of accounts
shall file the statewide statistical report prepared under this
subsection with the executive director of the legislative services
agency in an electronic format under IC 5-14-6.
(f) The state board of accounts shall forward a copy of:
(1) each annual report forwarded to the board under
subsection (d); and
(2) the statewide statistical report under subsection (e);
to the department and the division of family resources.
(g) The division of family resources shall include in the
division's periodic reports made to the United States Department
of Health and Human Services concerning the Temporary
Assistance for Needy Families (TANF) and Supplemental Security
Income (SSI) programs information forwarded to the division
under subsection (f) concerning the total number of recipients of
township assistance and the total dollar amount of benefits
provided.
(h) The department may not approve the budget of a county
that failed to file an annual statistical report under subsection (d)
in the preceding calendar year.
(i) This section does not prevent the electronic transfer of data
required to be reported under IC 12-2-1-40 (before its repeal) or
this section if the following conditions are met:
(1) The method of reporting is acceptable to both the board
reporting the information and the governmental entity to
which the information is reported.
(2) A written copy of information reported by electronic
transfer is on file with the board reporting information by
electronic means.
(j) The information required to be reported by the board under
this section shall be maintained by the county trustee in accordance
with IC 5-15-6.
(1) "township" in the case of a township in a county that approves a public question under IC 36-6-1.2 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county that approves a public question under IC 36-6-1.2 is considered a reference to the county trustee appointed under IC 12-20-1.7.
(1) board of commissioners of a county
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
consolidated city;
(3) (4) mayor of a city; or
(4) (5) president of the town council of a town.
(1) the county council, for a county not having a consolidated city;
(2) the city-county council of a consolidated city and county;
(3) the common council of a city;
(4) the town council of a town;
(5)
(A) the township board, before January 1, 2013; and
(B) the county fiscal body, after December 31, 2012; or
(6) the board of directors of a conservancy district.
(1) One (1) member who is:
(A) a township trustee of a township in the county; or
(B) after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.2, the county officer or employee responsible for the destruction of detrimental plants described in this chapter or the officer's or employee's designee.
(2) One (1) soil and water conservation district supervisor.
(3) One (1) representative from the agricultural community of the county.
(4) One (1) representative from the county highway department or an appointee of the county commissioners.
(5) One (1) cooperative extension service agent from the county to serve in a nonvoting advisory capacity.
(b) Each board member shall be appointed for a term of four (4) years. All vacancies in the membership of the board shall be filled for the unexpired term in the same manner as initial appointments.
(c) The board shall elect a chairperson and a secretary. The members of the board are not entitled to receive any compensation, but are entitled to any traveling and other expenses that are necessary in the discharge of the members' duties.
the powers and duties established by this chapter are conferred
and imposed on the county executive or the county executive's
designee with respect to property in a township that is located in a
county that approves a public question under IC 36-6-1.2.
(b) After December 31, 2012, any reference in this chapter to
"township board" is considered a reference to the county fiscal
body.
(c) After December 31, 2013, any reference in this chapter to:
(1) "township", in the case of a township in a county that
approves a public question under IC 36-6-1.2, is considered a
reference to the geographic area of a dissolved township in a
county; and
(2) "township trustee" or "trustee", in the case of a township
in a county that approves a public question under IC 36-6-1.2,
is considered a reference to the county executive or the county
executive's designee to administer this chapter.
(b) As used in this section, "plan" means a township assistance plan prepared under IC 12-20-1.6.
(1) by the appropriate county, city, or town against which the application form is issued from general funds;
(2) by the appropriate township against which the application form is issued from funds in the township assistance fund; and
(3) after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.2, from funds in the county's township assistance fund;
not otherwise appropriated without appropriations.
(1) township; or
(2) (after December 31, 2013) county that approves a public question under IC 36-6-1.2;
is not responsible for paying for biologicals as provided in subsection
(1) the financial ability of the individual claiming to be indigent is in question; and
(2) a standard application for township assistance must be filed with the township or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.2) the county.
The township or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.2) the county shall continue to furnish insulin under this section until the township trustee or the county trustee completes an investigation and makes a determination as to the individual's financial ability to pay for insulin.
(b) This subsection applies if a governing body does not develop, before July 1, 2013, a reorganization plan under IC 20-23 that will be implemented before January 1, 2014. After June 30, 2013, the state board shall develop a reorganization plan for a school township to which this subsection applies and require the governing body to implement the plan.
(c) This section expires January 1, 2017.
JULY 1, 2012]: Sec. 26. (a) Except as provided in subsection (c), the
following persons, in the priority listed, have the right to serve as an
authorizing agent:
(1) A person:
(A) granted the authority to serve in a funeral planning
declaration executed by the decedent under IC 29-2-19; or
(B) named in a United States Department of Defense form
"Record of Emergency Data" (DD Form 93) or a successor
form adopted by the United States Department of Defense, if
the decedent died while serving in any branch of the United
States Armed Forces (as defined in 10 U.S.C. 1481) and
completed the form.
(2) An individual specifically granted the authority to serve in a
power of attorney or a health care power of attorney executed by
the decedent under IC 30-5-5-16.
(3) The individual who was the spouse of the decedent at the time
of the decedent's death, except when:
(A) a petition to dissolve the marriage or for legal separation
of the decedent and spouse is pending with a court at the time
of the decedent's death, unless a court finds that the decedent
and spouse were reconciled before the decedent's death; or
(B) a court determines the decedent and spouse were
physically and emotionally separated at the time of death and
the separation was for an extended time that clearly
demonstrates an absence of due affection, trust, and regard for
the decedent.
(4) The decedent's surviving adult child or, if more than one (1)
adult child is surviving, the majority of the adult children.
However, less than half of the surviving adult children have the
rights under this subdivision if the adult children have used
reasonable efforts to notify the other surviving adult children of
their intentions and are not aware of any opposition to the final
disposition instructions by more than half of the surviving adult
children.
(5) The decedent's surviving parent or parents. If one (1) of the
parents is absent, the parent who is present has authority under
this subdivision if the parent who is present has used reasonable
efforts to notify the absent parent.
(6) The decedent's surviving sibling or, if more than one (1)
sibling is surviving, the majority of the surviving siblings.
However, less than half of the surviving siblings have the rights
under this subdivision if the siblings have used reasonable efforts
to notify the other surviving siblings of their intentions and are
not aware of any opposition to the final disposition instructions by
more than half of the surviving siblings.
(7) The individual in the next degree of kinship under IC 29-1-2-1
to inherit the estate of the decedent or, if more than one (1)
individual of the same degree is surviving, the majority of those
who have are of the same degree. However, less than half of the
individuals who have are of the same degree of kinship have the
rights under this subdivision if they have used reasonable efforts
to notify the other individuals who have are of the same degree
of kinship of their intentions and are not aware of any opposition
to the final disposition instructions by more than half of the
individuals who have are of the same degree of kinship.
(8) If none of the persons described in subdivisions (1) through
(7) are available, any other person willing to act and arrange for
the final disposition of the decedent, decedent's remains,
including a funeral home that:
(A) has a valid prepaid funeral plan executed under IC 30-2-13
that makes arrangements for the disposition of the decedent;
decedent's remains; and
(B) attests in writing that a good faith effort has been made to
contact any living individuals described in subdivisions (1)
through (7).
(9) In the case of an indigent or other individual whose final
disposition is the responsibility of the state, or township, or (after
December 31, 2013) county, in the case of a county that
approves a public question under IC 36-6-1.2, the following
may serve as the authorizing agent:
(A) If none of the persons identified in subdivisions (1)
through (8) are available:
(i) a public administrator, including a responsible township
trustee or the trustee's designee or (after December 31,
2013) a county trustee in the case of a county that
approves a public question under IC 36-6-1.2; or
(ii) the coroner.
(B) A state appointed guardian.
However, an indigent decedent may not be cremated if a
surviving family member objects to the cremation or if cremation
would be contrary to the religious practices of the deceased
individual as expressed by the individual or the individual's
family.
(10) In the absence of any person under subdivisions (1) through
(9), any person willing to assume the responsibility as the
authorizing agent, as specified in this article.
(b) When a body part of a nondeceased individual is to be cremated,
a representative of the institution that has arranged with the crematory
authority to cremate the body part may serve as the authorizing agent.
(c) If:
(1) the death of the decedent appears to have been the result of:
(A) murder (IC 35-42-1-1);
(B) voluntary manslaughter (IC 35-42-1-3); or
(C) another criminal act, if the death does not result from the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement agency
investigating the death of the decedent, determines that there is a
reasonable suspicion that a person described in subsection (a)
committed the offense;
the person referred to in subdivision (2) may not serve as the
authorizing agent.
(d) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the crematory
authority of the determination referred to in subsection (c)(2).
(e) If a person vested with a right under subsection (a) does not
exercise that right not later than seventy-two (72) hours after the person
receives notification of the death of the decedent, the person forfeits the
person's right to determine the final disposition of the decedent,
decedent's remains, and the right to determine final disposition passes
to the next person described in subsection (a).
(f) A crematory authority owner has the right to rely, in good faith,
on the representations of a person listed in subsection (a) that any other
individuals on of the same degree of kinship have been notified of the
final disposition instructions.
(g) If there is a dispute concerning the disposition of a decedent,
decedent's remains, a crematory authority is not liable for refusing to
accept the remains of the decedent until the crematory authority
receives:
(1) a court order; or
(2) a written agreement signed by the disputing parties;
that determines the final disposition of the decedent. decedent's
remains. If a crematory authority agrees to shelter the remains of the
decedent while the parties are in dispute, the crematory authority may
collect any applicable fees for storing the remains, including legal fees
that are incurred.
(h) Any cause of action filed under this section must be filed in the
probate court in the county where the decedent resided, unless the
decedent was not a resident of Indiana.
(i) A spouse seeking a judicial determination under subsection
(a)(3)(A) that the decedent and spouse were reconciled before the
decedent's death may petition the court having jurisdiction over the
dissolution or separation proceeding to make this determination by
filing the petition under the same cause number as the dissolution or
separation proceeding. A spouse who files a petition under this
subsection is not required to pay a filing fee.
(b) After December 31, 2012, any reference in this chapter through IC 23-14-76 to "township board" is considered a reference to the county fiscal body.
(c) After December 31, 2013, any reference in this chapter through IC 23-14-76 to:
(1) "township", in the case of a township in a county that approves a public question under IC 36-6-1.2, is considered a reference to the geographic area of a dissolved township in a county; and
(2) "township trustee" or "trustee", in the case of a township in a county that approves a public question under IC 36-6-1.2, is considered a reference to the county executive or the county executive's designee to administer this chapter.
been cut, trimmed down, and maintained in accordance with this
chapter, the owner shall be given written notice to cut or trim the hedge
or live fence and to burn the brush trimmed from the hedge or live
fence and remove any other obstructions or growths.
(b) The notice required under subsection (a) must be served by
reading the notice to the owner or by leaving a copy of the notice at the
owner's usual place of residence.
(c) If the owner is not a resident of the township, county, or state
where the hedge, live fence, or other obstructions or growth is located,
the notice shall be served upon the owner's agent or tenant residing in
the township. If an agent or a tenant of the owner does not reside in the
township, the notice shall be served by mailing a copy of the notice to
the owner, directed to the owner's last known post office address.
(d) If the owner, agents, or tenants do not proceed to cut and trim
the fences and burn the brush trimmed from the fences or remove any
obstructions or growths within ten (10) days after notice is served, the
township trustee, county highway superintendent, or Indiana
department of transportation shall immediately:
(1) cause the fences to be cut and trimmed or obstructions or
growths removed in accordance with this chapter; and
(2) burn the brush trimmed from the fences.
All expenses incurred under this subsection shall be assessed against
and become a lien upon the land in the same manner as road taxes.
(e) The township trustee, county highway superintendent, or Indiana
department of transportation, having charge of the work performed
under subsection (d) shall prepare an itemized statement of the total
cost of the work of removing the obstructions or growths and shall sign
and certify the statement to the county auditor of the county in which
the land is located. The county auditor shall place the statement on the
tax duplicates. The county treasurer shall collect the costs entered on
the duplicates at the same time and in the same manner as road taxes
are collected. The treasurer may not issue a receipt for road taxes
unless the costs entered on the duplicates are paid in full at the same
time the road taxes are paid. If the costs are not paid when due, the
costs shall become delinquent, bear the same interest, be subject to the
same penalties, and be collected at the same time and in the same
manner as other unpaid and delinquent taxes.
designee with respect to property in a county that approves a
public question under IC 36-6-1.2.
(b) After December 31, 2012, any reference in this chapter to
"township board" is considered a reference to the county fiscal
body.
(c) After December 31, 2013, any reference in this chapter to:
(1) "township", in the case of a township in a county that
approves a public question under IC 36-6-1.2, is considered a
reference to the geographic area of a dissolved township in a
county; and
(2) "township trustee" or "trustee", in the case of a township
in a county that approves a public question under IC 36-6-1.2,
is considered a reference to the county executive or the county
executive's designee to administer this chapter.
(b) The name of each court shall be the "__________ Township of Marion County Small Claims Court" (insert the name of the township in the blank).
(c) This subsection applies after December 31, 2013, if the county approves a public question under IC 36-6-1.2. Except as provided by state law, the small claims courts established under this chapter operate independently from the circuit and superior courts. Except for adopting the budget and approving salaries, the city-county council does not have authority over a small claims court judge and the operations of a small claims court. The executive committee of the superior court does not have authority over a small claims court judge and the operations of a small claims court.
December 31, 2012) the city-county council of the consolidated city
shall, after considering the evidence, opinions, advice, and suggestions
presented at the hearing, enter an order concerning:
(1) whether a small claims court shall be established or abolished
in the township if the township has a population of less than
fifteen thousand (15,000) persons;
(2) whether the small claims court if any, shall function full time
or part time;
(3) the location of the small claims court courtroom and offices
under IC 33-34-6-1; and
(4) other relevant matters.
(b) The salary of each judge who serves part time must be in an amount:
(1) determined by the township board and approved by the city-county council ; or
(2) after December 31, 2013, established by ordinance of the city-county council.
(c) The salary of a judge may not be reduced during the judge's term of office.
(d) At any other time, salaries of any full-time or part-time judge may be increased or decreased:
(1) by the township board of the township in which the small claims court is located; or
(2) after December 31, 2013, by ordinance adopted by the city-county council.
(b) The judge may not receive remuneration other than a salary set under section 5 of this chapter for the performance of the judge's official duties except payments for performing marriage ceremonies.
of a judge shall be delivered to the clerk of the circuit court. The clerk
shall advise the circuit court and appropriate township board. This
subsection expires January 1, 2014.
(b) This subsection applies after December 31, 2013. The
resignation of a judge shall be delivered to the clerk of the circuit
court. The clerk shall advise the circuit court.
(b) (c) A vacancy occurring in a judgeship must be filled under
IC 3-13-10.
(b) The written appointment shall be entered on the order book or record of the circuit court. The appointee shall, after taking the oath prescribed for the judges, conduct the business of the small claims court subject to the same rules and regulations as judges and has the same authority during the continuance of the appointee's appointment.
(c) The appointee is entitled to the same compensation
(1) adequate access;
(2) sufficient parking facilities;
(3) a separate and appropriate courtroom;
(4) proper space and facilities for the bailiff, clerks, and other employees; and
(5) enough room for files and supplies.
(1) furnish all:
(A) supplies, including all blanks, forms, stationery, and
papers of every kind, required for use in all cases in the
township small claims court; and
(B) furniture, books, and other necessary equipment and
supplies; and
(2) provide for all necessary maintenance and upkeep of the
facilities where court is held.
(1) operate efficiently; and
(2) adequately serve the citizens doing business with the court.
(b) This subsection applies after December 31, 2013, if the county approves a public question under IC 36-6-1.2. The judges shall establish with the approval of the city-county council an appropriate and competitive salary of at least five thousand six hundred dollars ($5,600) for the number of clerks for the small claims court sufficient to:
(1) operate efficiently; and
(2) adequately serve the citizens doing business with the court.
(1) name of the candidate; and
(2) court for which the candidate is to serve.
(b) Each small claims court shall have a constable who:
(1) acts as the bailiff of the court;
(2) serves the court's personal service of process;
(3) has police powers to:
(A) make arrests;
(B) keep the peace; and
(C) carry out the orders of the court;
(4) must meet the qualifications prescribed by IC 3-8-1-31;
(5) is compensated for each process that is delivered to effect
personal service when serving as the bailiff for the court;
(6) is responsible for:
(A) the preparation and mailing of all registered or certified
service and is compensated for each process served by mail;
and
(B) all the official acts of the deputies;
(7) is compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(8) may require a deputy to give a bond for the proper discharge
of the deputy's duties for an amount fixed by the constable.
(c) The elected constable may appoint full-time and part-time
deputies for assistance in the performance of official duties who:
(1) perform all the official duties required to be performed by the
constable;
(2) possess the same statutory and common law powers and
authority as the constable;
(3) must take the same oath required of the constable;
(4) are compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(5) serve at the pleasure of the constable and may be dismissed at
any time with or without cause.
(d) If there is an:
(1) emergency; or
(2) inability of a constable to carry out the constable's duties;
the judge may appoint a special constable to carry out the duties of the
constable during the emergency or inability.
(b) Not later than June 30, 2013, a designee of the executive of a county having a consolidated city shall begin a transition process with the constables of the small claims courts in the county to properly transfer the functions, duties, and responsibilities of the constables to the executive. The designee of the executive shall present to the executive a report on the status of the transition. The report is a public record for purposes of IC 5-14-3 and shall be made available to the public upon request. The transfer of the functions, duties, and responsibilities of each constable to the executive is effective January 1, 2014. On January 1, 2014, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records; and
(6) contracts;
connected with the operations of each constable are transferred to the executive.
(c) On January 1, 2014, the department of public safety of the consolidated city established in IC 36-3-5-4(a)(3) shall provide to each small claims court adequate personnel to:
(1) act as bailiffs of the court;
(2) serve the court's personal service of process;
(3) carry out the orders of the court; and
(4) prepare and mail all registered or certified service.
(d) As part of the annual budget process of the county having a consolidated city, the legislative body of the county shall establish an appropriate salary for each county employee responsible for constable duties, including the constable, for 2014 and thereafter.
(1) provide the forms, blanks, court calendar books, judgment dockets, and fee books; and
(2) make rules and instructions to direct the judges in keeping records and making reports.
The clerk of the circuit court shall keep full and permanent records and reports of each judge's past and current proceedings, indexed and available for reference as a public record.
(1) A township docket fee of five dollars ($5) plus forty-five percent (45%) of the infraction or ordinance violation costs fee under IC 33-37-4-2.
(2) The bailiff's service of process by registered or certified mail fee of thirteen dollars ($13) for each service. This subdivision does not apply after December 31, 2013, if the county
approves a public question under IC 36-6-1.2.
(3) After December 31, 2013, if the county approves a public
question under IC 36-6-1.2, a fee for service of process by
registered or certified mail of thirteen dollars ($13) for each
service.
(3) (4) The cost for the personal service of process by the bailiff
or other process server of thirteen dollars ($13) for each service.
This subdivision does not apply after December 31, 2013, if
the county approves a public question under IC 36-6-1.2.
(5) After December 31, 2013, if the county approves a public
question under IC 36-6-1.2, the cost for the personal service
of process by the process server of thirteen dollars ($13) for
each service.
(4) (6) Witness fees, if any, in the amount provided by
IC 33-37-10-3 to be taxed and charged in the circuit court.
(5) (7) A redocketing fee, if any, of five dollars ($5).
(6) (8) A document storage fee under IC 33-37-5-20.
(7) (9) An automated record keeping fee under IC 33-37-5-21.
(8) (10) A late fee, if any, under IC 33-37-5-22.
(9) (11) A public defense administration fee under
IC 33-37-5-21.2.
(10) (12) A judicial insurance adjustment fee under
IC 33-37-5-25.
(11) (13) A judicial salaries fee under IC 33-37-5-26.
(12) (14) A court administration fee under IC 33-37-5-27.
The docket fee and the cost for the initial service of process shall be
paid at the institution of a case. The cost of service after the initial
service shall be assessed and paid after service has been made. The
cost of witness fees shall be paid before the witnesses are called.
(b) If the amount of the township docket fee computed under
subsection (a)(1) is not equal to a whole number, the amount shall be
rounded to the next highest whole number.
close of each month.
(b) The court county auditor shall:
(1) semiannually distribute to the auditor of state:
(A) all automated record keeping fees (IC 33-37-5-21)
received by the court for deposit in the homeowner protection
unit account established by IC 4-6-12-9 and the state user fee
fund established under IC 33-37-9;
(B) all public defense administration fees collected by the
court under IC 33-37-5-21.2 for deposit in the state general
fund;
(C) sixty percent (60%) of all court administration fees
collected by the court under IC 33-37-5-27 for deposit in the
state general fund;
(D) all judicial insurance adjustment fees collected by the
court under IC 33-37-5-25 for deposit in the judicial branch
insurance adjustment account established by IC 33-38-5-8.2;
and
(E) seventy-five percent (75%) of all judicial salaries fees
collected by the court under IC 33-37-5-26 for deposit in the
state general fund; and
(2) distribute monthly to the county auditor all document storage
fees received by the court.
(c) The remaining twenty-five percent (25%) of the judicial salaries
fees described in subdivision (1)(E) subsection (b)(1)(E) shall be
deposited monthly in the following:
(1) The township general fund of the township in which the court
is located. The county auditor shall deposit fees distributed under
subdivision (2) subsection (b)(2) into the clerk's record
perpetuation fund under IC 33-37-5-2. This subdivision does not
apply after December 31, 2013, if the county approves a
public question under IC 36-6-1.2.
(2) After December 31, 2013, if the county approves a public
question under IC 36-6-1.2, the county general fund. Deposits
made under this subdivision shall be credited to the township
small claims courts account described in section 5 of this
chapter.
(c) (d) The court semiannually shall do the following:
(1) Pay to the township trustee of the township in which the court
is located the remaining forty percent (40%) of the court
administration fees described under subsection (b)(1)(C) to fund
the operations of the small claims court in the trustee's township.
This subdivision does not apply after December 31, 2013, if
the county approves a public question under IC 36-6-1.2.
(2) After December 31, 2013, if the county approves a public
question under IC 36-6-1.2, pay to the clerk of the circuit
court the remaining forty percent (40%) of the court
administration fees described under subsection (b)(1)(C) to
fund the operations of the small claims court. The court
administration fees shall be deposited in the county general
fund and credited to the township small claims courts account
described in section 5 of this chapter.
(b) Fees and costs paid and collected under sections 1 and 3 of this chapter shall be deposited in the county general fund and credited to a separate account identified as the township small claims courts account.
(c) The executive of the consolidated city may expend funds credited to the township small claims courts account, without appropriation, only for the purpose of administering this article.
IC 36-2-2-13 (Concerning county government).
IC 36-2-2.5-15 (Concerning county chief executive officers).
IC 36-2-6-8 (Concerning county government).
IC 36-2-6-12 (Concerning county government).
IC 36-2-7-18 (Concerning county government).
IC 36-2-8-6 (Concerning county government).
IC 36-2-9-13 (Concerning county government).
IC 36-2-9-14 (Concerning county government).
IC 36-2-9.5-7 (Concerning county government).
IC 36-2-9.5-9 (Concerning county government).
IC 36-2-13-5 (Concerning county government).
IC 36-2-14-10 (Concerning county government).
IC 36-2-14-17 (Concerning county government).
IC 36-2-14-21 (Concerning county government).
IC 36-4-8-13 (Concerning government of cities and towns).
IC 36-7-12-27.5 (Concerning planning and development).
IC 36-7-14-40 (Concerning planning and development).
IC 36-7-15.1-27 (Concerning planning and development).
IC 36-7-30-28 (Concerning planning and development).
IC 36-7-30.5-36 (Concerning planning and development).
IC 36-8-3.5-23 (Concerning public safety).
IC 36-8-10-9 (Concerning public safety).
IC 36-8-16-16 (Concerning public safety).
IC 36-8-16.5-47 (Concerning public safety).
IC 36-8-16.5-48 (Concerning public safety).
IC 36-8-16.5-49 (Concerning public safety).
IC 36-9-14-7 (Concerning transportation and public works).
IC 36-10-3-39 (Concerning recreation, culture, and community facilities).
IC 36-10-4-5 (Concerning recreation, culture, and community facilities).
IC 36-10-4-40 (Concerning recreation, culture, and community facilities).
(1) board of commissioners, for a county
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
(1) county council, for a county not having a consolidated city;
(2) city-county council, for a consolidated city or county having a consolidated city;
(3) common council, for a city other than a consolidated city;
(4) town council, for a town;
(5)
(A) the township board, before January 1, 2013; and
(B) the county fiscal body, after December 31, 2012;
(6) governing body or budget approval body, for any other political subdivision that has a governing body or budget approval body; or
(7) chief executive officer of any other political subdivision that does not have a governing body or budget approval body.
(1) the board of county commissioners, for a county not subject to IC 36-2-2.5, IC 36-2-3.5, or IC 36-3-1;
(2) the county council, for a county subject to IC 36-2-2.5 or IC 36-2-3.5;
(3) the city-county council, for a consolidated city or county having a consolidated city;
(4) the common council, for a city other than a consolidated city;
(5) the town council, for a town;
(6)
(A) the township board, before January 1, 2013; and
(B) the county fiscal body, after December 31, 2012;
(7) the governing body of any other political subdivision that has a governing body; or
(8) the chief executive officer of any other political subdivision that does not have a governing body.
(b) If there is no constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must either:
(1) if the unit is a county or municipality, adopt an ordinance prescribing a specific manner for exercising the power;
(2) if the unit is a township, adopt a resolution prescribing a specific manner for exercising the power; or
(3) comply with a statutory provision permitting a specific manner for exercising the power.
(c) An ordinance under subsection (b)(1) must be adopted as follows:
(1) In a municipality, by the legislative body of the municipality.
(2) In a county subject to IC 36-2-2.5, IC 36-2-3.5, or IC 36-3-1, by the legislative body of the county.
(3) In any other county, by the executive of the county.
(d) A resolution under subsection (b)(2) must be adopted by the legislative body of the township.
Chapter 6.5. Employment of Relatives; Contracting With Relatives
Sec. 1. This chapter applies to all political subdivisions.
Sec. 2. As used in this chapter, "employee" means an individual who is employed by a political subdivision on a full-time, a part-time, a temporary, an intermittent, or an hourly basis.
Sec. 3. As used in this chapter, "officer" means an elected or appointed officer of a political subdivision.
Sec. 4. (a) As used in this chapter, "relative" means any of the following:
(1) A husband.
(2) A wife.
(3) A father, grandfather, or stepfather.
(4) A mother, grandmother, or stepmother.
(5) A son, grandson, stepson, or son-in-law.
(6) A daughter, granddaughter, stepdaughter, or daughter-in-law.
(7) A brother or stepbrother.
(8) A sister or stepsister.
(9) An aunt.
(10) An uncle.
(11) A niece.
(12) A nephew.
(13) A first cousin.
(b) A relative by adoption, half-blood, marriage, or remarriage is considered a relative of whole kinship for purposes of this chapter.
Sec. 5. (a) An individual who is a relative of an officer of a political subdivision may not be an employee of the political
subdivision.
(b) An individual who is a relative of an employee of a political
subdivision may not be employed by the political subdivision in a
position in which the individual would have a direct supervisory or
subordinate relationship with the employee who is the individual's
relative.
Sec. 6. (a) A political subdivision may not enter into a contract
or renew a contract with:
(1) an individual to provide goods or services to the political
subdivision, if the individual is a relative of an officer; or
(2) a business entity to provide goods or services, if a relative
of an officer has an ownership interest in the business entity.
(b) This section does not prohibit a political subdivision from
entering into a contract or renewing a contract if an employee of:
(1) an individual contractor under subsection (a)(1); or
(2) a business entity under subsection (a)(2);
is a relative of an officer of the political subdivision.
(c) This section does not affect the initial term of a contract in
existence at the time the term of office of an officer of the political
subdivision begins.
Sec. 7. This chapter does not require the termination or
reassignment of any employee of a political subdivision from any
position held by that individual before July 1, 2012. This section
expires January 1, 2013.
Sec. 8. If a political subdivision is required to file an annual
report with the state board of accounts under IC 5-11-13-1, the
annual report must include a statement by the executive officer of
the political subdivision that the political subdivision has
implemented a policy that complies with this chapter.
Sec. 9. If the state board of accounts finds that a political
subdivision is not in compliance with this chapter, the state board
of accounts shall forward the information to the department of
local government finance.
Sec. 10. If a political subdivision fails to comply with this
chapter, the department of local government finance may not
approve:
(1) the political subdivision's budget; or
(2) any additional appropriations for the political subdivision;
for the ensuing calendar year until the state board of accounts
certifies to the department of local government finance that the
political subdivision is in compliance with this chapter.
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]:
Chapter 6.6. Conflict of Interest
Sec. 1. This chapter applies to all units.
Sec. 2. As used in this chapter, "governmental body" means a
board, commission, committee, council, or other body with the
responsibility of administering the affairs of a unit.
Sec. 3. As used in this chapter, "member" means an appointed
or elected member of a body of a unit.
Sec. 4. A member may not participate in any decision or vote of
the governmental body if the member:
(1) has a pecuniary interest in; or
(2) derives a profit from;
a contract, purchase, sale, employment, or other matter connected
with the unit.
Sec. 5. A member is prohibited under this chapter from
participating in any decision involving the merger, consolidation,
or reorganization of the unit's functions or services if the member
is also an employee of a unit involved in the merger.
Sec. 6. A member shall:
(1) disclose in writing to the governmental body on which the
member serves any pecuniary interest or profit of the member
described in section 4 of this chapter; and
(2) provide a copy of the disclosure to the state board of
accounts.
The member shall abstain from participating in any decision or
voting on any matter that affects the interest or profit.
Sec. 7. (a) This section applies if a governmental body has the
responsibility to fix the salaries, wages, or remuneration of the
members for serving on the governmental body.
(b) This chapter does not prohibit a member from participating
in a decision or vote of the governmental body regarding a matter
in subsection (a).
(b) A public meeting or a public hearing of an official or governing body of a political subdivision must be held in a public place and not in a private residence.
(1) A volunteer fire department (as defined in IC 36-8-12-2).
(2) The board of fire trustees of a fire protection district established under IC 36-8-11.
(3) After December 31, 2013, a fire trustee of a fire protection district established under IC 36-8-11-4.5.
(b) Notwithstanding IC 5-22-22 and sections 4, 4.1, 4.2, and 5 of this chapter, a disposing agent of a political subdivision may sell or transfer:
(1) real property; or
(2) tangible or intangible personal property, licenses, or any interest in the tangible or intangible personal property or licenses;
without consideration or for a nominal consideration to a fire department for construction of a fire station or other purposes related to firefighting.
(1) a township reorganizes under this article with one (1) or more townships; and
(2) the new political subdivision that results from the reorganization is not a city or town.
(b) After December 31, 2012, the fiscal body of the resulting new political subdivision is the county fiscal body, which shall fix the budget, tax rate, and tax levy of the new political subdivision under IC 6-1.1-17-5.
(1) A county having a consolidated city.
(2) A county in which a county chief executive officer has been elected and is serving under IC 36-2-2.5.
(1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(2) more than two hundred fifty thousand
The executive shall divide the county into three (3) districts that are composed of contiguous territory and are reasonably compact. The district boundaries drawn by the executive must not cross precinct boundary lines and must divide townships only when a division is clearly necessary to accomplish redistricting under this section. If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts.
(b) This subsection applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). A county redistricting commission shall divide the county into three (3) single-member districts that comply with subsection (d). The commission is composed of:
(1) the members of the Indiana election commission;
(2) two (2) members of the senate selected by the president pro tempore, one (1) from each political party; and
(3) two (2) members of the house of representatives selected by the speaker, one (1) from each political party.
The legislative members of the commission have no vote and may act only in an advisory capacity. A majority vote of the voting members is required for the commission to take action. The commission may meet as frequently as necessary to perform its duty under this subsection. The commission's members serve without additional compensation above that provided for them as members of the Indiana election commission, the senate, or the house of representatives. If a county to which this subsection applies adopts a county government structure in which a chief executive officer is elected under IC 36-2-2.5, the county redistricting commission under this subsection is not abolished and continues in existence for purposes of dividing, as necessary, the county into county council districts.
(c) This subsection applies to a county having a population of more than two hundred fifty thousand
(d) Single-member districts established under subsection (b) or (c) must:
(1) be compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) contain, as nearly as is possible, equal population; and
(3) not cross precinct lines.
(e) A division under subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county adopts an order declaring a county boundary
to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e).
(b) The executive shall post this statement at the courthouse door and two (2) other places in the county and shall publish it in the manner prescribed by IC 5-3-1.
Chapter 2.4. Determination of County Government Structure
Sec. 1. This chapter does not apply to a county having a consolidated city.
Sec. 2. (a) Subject to subsection (b), the county executive may adopt an ordinance providing that the voters of the county shall elect:
(1) a single county commissioner under IC 36-2-2.5 who has the executive powers and duties of the county; and
(2) a county council that has the legislative and fiscal powers and duties of the county.
(b) An ordinance may be adopted under this chapter only:
(1) during an odd-numbered year; or
(2) before July 1 of an even-numbered year.
(c) If the vote on the adoption of the ordinance is unanimous, the executive and legislative structure and functions of the county are reorganized under IC 36-2-2.5.
(d) If the ordinance is adopted, but the vote on the ordinance is not unanimous, a public question shall be held in the county on whether or not the executive and legislative structure and functions of the county should be reorganized under IC 36-2-2.5.
(e) If an ordinance described in subsection (d) is adopted, the county auditor shall certify the adoption of the ordinance to the county election board as provided in IC 3-10-9.
Sec. 3. If an ordinance is certified under section 2(e) of this chapter, the county election board shall place the following public question on the ballot at the next general election held in the county:
"Shall the county government of _______________(insert the name of the county) County be reorganized to place all executive powers in a single elected county commissioner and to place all legislative and fiscal powers in the county council?".
Sec. 4. IC 3, except where inconsistent with this chapter, applies to a public question placed on the ballot under this chapter.
Sec. 5. If a majority of the voters of a county who vote on a public question under this chapter vote in favor of the public question, the following apply:
(1) IC 36-2-2.5 applies to the county instead of IC 36-2-2.
(2) The county executive consists of one (1) commissioner.
(3) The county may not subsequently be governed under IC 36-2-2.
(4) The county commissioner described in subdivision (2) shall:
(A) be elected at the second general election held after the year the public question is approved; and
(B) take office January 1 after the individual's election.
(5) The term of office of each member of the county executive elected under IC 36-2-2 is as follows:
(A) The term of a member elected at the general election held in the year the public question is approved:
(i) is four (4) years; and
(ii) expires at the end of the day on December 31 after the election described in subdivision (4).
(B) The term of a member elected at the first general
election held after the year the public question is
approved:
(i) is two (2) years; and
(ii) expires at the end of the day on December 31 after
the election described in subdivision (4).
(6) IC 36-2-3.7 applies to the county.
Chapter 2.5. County Commissioner as the Chief Executive Officer
Sec. 1. Except as specifically provided by law, this chapter applies to each county:
(1) that does not have a consolidated city; and
(2) in which:
(A) an ordinance has been adopted unanimously by the county executive as described in IC 36-2-2.4-2(c) to reorganize all executive powers in a single elected county commissioner and to place all legislative and fiscal powers in the county council; or
(B) an ordinance has been adopted by the county executive as described in IC 36-2-2.4-2(d) to reorganize all executive powers in a single elected county commissioner and to place all legislative and fiscal powers in the county council, and a public question to reorganize all executive powers in a single elected county commissioner and to place all legislative and fiscal powers in the county council has been approved by the voters of the county under IC 36-2-2.4.
Sec. 2. As used in this chapter, "chief executive officer" means the single county commissioner who is elected as the county chief executive officer under IC 3-10-2-13.
Sec. 3. In a county to which this chapter applies:
(1) the voters of the county:
(A) shall elect one (1) chief executive officer in the second general election after:
(i) the ordinance described in IC 36-2-2.4-2(c) is adopted; or
(ii) the public question has been approved by the voters of the county under IC 36-2-2.4;
and every four (4) years thereafter; and
(B) beginning with the second general election after:
(i) the ordinance described in IC 36-2-2.4-2(c) is
adopted; or
(ii) the public question has been approved by the voters
of the county under IC 36-2-2.4;
shall not elect a board of county commissioners;
(2) the board of county commissioners for the county is
abolished January 1 of the year following the year in which
the first county chief executive officer is elected; and
(3) notwithstanding IC 36-2-2-3, the term of each county
commissioner serving on December 31 of the year in which
the first county chief executive officer is elected expires
January 1 of the year following the year in which the first
county chief executive officer is elected.
Sec. 4. (a) The term of office of a chief executive officer is four
(4) years, beginning January 1 after election and continuing until
a successor is elected and qualified.
(b) To be eligible for election as the chief executive officer, an
individual must meet the qualifications prescribed by IC 3-8-1-21.
If an individual does not remain a resident of the county after
taking office as the chief executive officer, the individual forfeits
the office. The county legislative body shall declare the office
vacant whenever the chief executive officer forfeits office under
this subsection.
Sec. 5. (a) On January 1 following the year in which the first
county chief executive officer is elected, all property, assets, funds,
equipment, records, rights, contracts, obligations, and liabilities of
the board of county commissioners of a county are transferred to
or assumed by the chief executive officer.
(b) The abolishment of the board of county commissioners of a
county on January 1 following the year in which the first county
chief executive officer is elected does not invalidate:
(1) any ordinances, resolutions, fees, schedules, or other
actions adopted or taken by the board of county
commissioners before the board is abolished; or
(2) any appointments made by the board of county
commissioners before the board is abolished.
Sec. 6. (a) All powers and duties of the county that are executive
or administrative in nature (including any power of appointment
related to executive or administrative functions) shall be exercised
or performed by the chief executive officer, except to the extent
that these powers and duties are expressly assigned by law to
another elected or appointed officer. The chief executive officer
shall transact the business of the county in the name of "The Chief
Executive Officer of the County of ________".
(b) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
to the board of commissioners pertaining to the executive powers
of a county is considered a reference to the chief executive officer
of the county.
(c) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
related to the executive powers and duties of the board of county
commissioners is considered a reference to the powers and duties
of the chief executive officer of the county.
(d) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, the county council has the legislative and fiscal
powers and duties of the county as provided in IC 36-2-3.7.
Sec. 7. The chief executive officer shall do the following:
(1) Report on the condition of the county before March 1 of
each year to the county legislative body and to the residents of
the county.
(2) Recommend before March 1 of each year to the county
legislative body any action or program the chief executive
officer considers necessary for the improvement of the county
and the welfare of county residents.
(3) Submit to the county legislative body an annual budget in
accordance with IC 36-2-5.
(4) Establish the procedures to be followed by all county
departments, offices, and agencies under the chief executive
officer's jurisdiction to the extent these procedures are not
expressly assigned by law to another elected or appointed
officer.
(5) Administer all statutes, ordinances, and regulations applicable to the county, to the extent the administration of these matters is not expressly assigned by law to another elected or appointed officer.
(6) Supervise the care and custody of all county property.
(7) Supervise the collection of revenues and control all disbursements and expenditures, and prepare a complete account of all expenditures, to the extent these matters are not expressly assigned by law to another elected or appointed officer.
(8) Review, analyze, and forecast trends for county services and finances and programs of all county governmental entities, and report and recommend on these to the county legislative body by March 15 of each year.
(9) Negotiate contracts for the county.
(10) Make recommendations concerning the nature and location of county improvements, and provide for the execution of those improvements.
(11) Supervise county administrative offices, except for the offices of elected officers.
(12) Do the following in January of each year:
(A) Make a settlement with the county treasurer for the preceding calendar year and include a copy of the settlement sheet in the order book of the chief executive officer.
(B) Make an accurate statement of the county's receipts and expenditures during the preceding calendar year. The statement must include the name of and total compensation paid to each county officer, deputy, and employee. The statement must separately list each expenditure that is made to reimburse the chief executive officer for the chief executive officer's use of tangible property (as defined in IC 6-1.1-1-19) for public business, including any reimbursements made for the chief executive officer's use of a private residence, a personal telephone, or a personal vehicle for public business. As used in this section, "private residence" means a place that is not a public place. The chief executive officer shall post this statement at the courthouse door and two (2) other places in the county and shall publish it in the manner prescribed by IC 5-3-1.
(13) Perform other duties and functions that are assigned to
the chief executive officer by statute or ordinance.
Sec. 8. The chief executive officer may do any of the following:
(1) Order any department, office, or agency under the chief
executive officer's jurisdiction to undertake any task for
another department, office, or agency under the chief
executive officer's jurisdiction on a temporary basis, if
necessary for the proper and efficient administration of
county government.
(2) Establish and administer centralized budgeting,
centralized personnel selection, and centralized purchasing.
(3) Audit the accounts of officers who deal with money
belonging to or appropriated for the benefit of the county.
(4) Approve accounts chargeable against the county and
direct the raising of money necessary for county expenses.
(5) Make orders concerning county property, including orders
for:
(A) the sale of the county's public buildings and the
acquisition of land in the county seat on which to build new
public buildings; and
(B) the acquisition of land for a public square and the
maintenance of that square.
However, a conveyance or purchase by a county of land
having a value of one thousand dollars ($1,000) or more must
be authorized by an ordinance of the county legislative body
fixing the terms and conditions of the transaction.
Sec. 9. (a) The chief executive officer shall establish and
maintain a county courthouse, county jail, and public offices for
the county clerk, the county auditor, the county recorder, the
county treasurer, the county sheriff, and the county surveyor.
(b) Offices for the surveyor must be in the courthouse or at the
county seat.
(c) Offices for the sheriff may be located:
(1) in the courthouse;
(2) inside the corporate limits of the county seat; or
(3) outside the corporate limits of the county seat but within
the limits of the county.
Sec. 10. (a) The chief executive officer may grant licenses,
permits, or franchises for the use of county property if the licenses,
permits, or franchises:
(1) are not exclusive;
(2) are of a definite duration; and
(3) are assignable only with the consent of the chief executive
officer.
(b) If a public utility or municipally owned or operated utility
that carries on business outside the corporate boundaries of
municipalities in the county is engaged in an activity substantially
similar to that for which a license, permit, or franchise for the use
of county property is sought, the chief executive officer may grant
the license, permit, or franchise only with the consent of the utility
regulatory commission. The commission may give its consent only
if it determines, after a public hearing of all interested parties, that
public necessity and convenience require the substantially similar
activity.
(c) The provisions of this section that concern securing the
consent of the utility regulatory commission do not apply to
municipally owned or operated utilities.
Sec. 11. Notwithstanding any other law, if a statute requires a
county executive to take an executive action by ordinance or
resolution, a chief executive officer shall instead take the action by
issuing an executive order.
Sec. 12. (a) If the chief executive officer is disqualified from
acting in a quasi-judicial proceeding, the chief executive officer
shall cease to act in that proceeding. Not later than ten (10) days
after the finding that the chief executive officer is disqualified to
act in a proceeding, the county auditor shall send a certified copy
of the record of the proceeding to the judge of the circuit court for
the county. If the judge affirms the disqualification of the chief
executive officer, the judge shall appoint a disinterested and
competent person to serve as a special executive in the proceeding.
(b) A person who consents to serve as a special executive must
have the same qualifications as an elected chief executive officer.
The person's appointment and oath shall be filed with the county
auditor and entered on the records of the chief executive officer. A
person appointed as a special executive may conduct the
proceeding until a final determination is reached.
Sec. 13. The chief executive officer shall keep the chief executive
officer's office open on each business day.
Sec. 14. Appointments made by the chief executive officer shall
be certified by the county auditor, under the seal of the chief
executive officer.
Sec. 15. (a) The chief executive officer may employ a person:
(1) to perform a duty required of a county officer by statute;
or
(2) on a commission or percentage basis;
only if the employment is expressly authorized by statute or is
found by the chief executive officer to be necessary to the public
interest.
(b) If a person's employment under subsection (a) is not
expressly authorized by statute, the contract for the person's
employment must be filed with the circuit court for the county, and
the person must file the person's claims for compensation with that
court. Any taxpayer may contest a claim under this section.
(c) A chief executive officer who recklessly violates this section
commits a Class C misdemeanor and forfeits the person's office.
Sec. 16. The chief executive officer shall appear before the
legislative body of the county at least once each month and at other
times as needed to conduct all necessary county business.
Sec. 17. (a) A party to a proceeding before the chief executive
officer who is aggrieved by a decision of the chief executive officer
may appeal that decision to the circuit court for the county.
(b) A person who is not a party to a proceeding before the chief
executive officer may appeal a decision of the chief executive
officer only if the person files with the county auditor an affidavit:
(1) specifically setting forth the person's interest in the matter
decided; and
(2) alleging that the person is aggrieved by the decision of the
chief executive officer.
(c) An appeal under this section must be taken not later than
thirty (30) days after the chief executive officer makes the decision
by which the appellant is aggrieved.
(d) An appellant under this section must file with the county
auditor a bond conditioned on due prosecution of the appeal. The
bond is subject to approval by the county auditor and must be in
an amount sufficient to provide security for court costs.
(e) Not later than twenty (20) days after the county auditor
receives the appeal bond, the county auditor shall prepare a
complete transcript of the proceedings of the chief executive officer
related to the decision appealed from and shall deliver the
transcript, all documents filed during the proceedings, and the
appeal bond to the clerk of the circuit court.
Sec. 18. (a) An appeal under section 17 of this chapter shall be
docketed among the other causes pending in the circuit court and
shall be tried as an original cause.
(b) A court may decide an appeal under section 17 of this
chapter by:
(1) affirming the decision of the chief executive officer; or
(2) remanding the cause to the chief executive officer with
directions as to how to proceed;
and may require the chief executive officer to comply with this
decision.
Sec. 19. (a) The county auditor or the chief executive officer may
administer any oaths required by this chapter.
(b) The county sheriff or a county police officer shall attend the
meetings of the chief executive officer, if requested by the chief
executive officer, and shall execute the chief executive officer's
orders.
Sec. 20. (a) Appointments made by the chief executive officer
shall be certified by the county auditor, under the seal of the chief
executive officer.
(b) If a copy of the chief executive officer's proceedings has been
signed and sealed by the county auditor and introduced into
evidence in court, that copy is presumed to be an accurate record
of the chief executive officer's proceedings.
Sec. 21. If publication of a notice, report, or statement of any
kind is required and a county is liable for the cost of that
publication, the chief executive officer may not make or pay for
publication in more than one (1) newspaper unless publication in
two (2) newspapers is required. A person who violates this section
commits a Class C infraction.
Sec. 22. (a) The chief executive officer may employ and fix the
compensation of an attorney to represent and advise the executive.
(b) For purposes of Article 2, Section 9 of the Constitution of the
State of Indiana, employment by a chief executive officer as an
attorney does not constitute a lucrative office.
(1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(2) more than two hundred fifty thousand
The county executive shall by ordinance or, in a county subject to IC 36-2-2.5, by resolution divide the county into four (4) contiguous, single-member districts that comply with subsection (d). If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts. One (1) member of the fiscal body shall be
elected by the voters of each of the four (4) districts. Three (3) at-large
members of the fiscal body shall be elected by the voters of the whole
county.
(b) This subsection applies to a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000). The county redistricting commission established
under IC 36-2-2-4 shall divide the county into seven (7) single-member
districts that comply with subsection (d). One (1) member of the fiscal
body shall be elected by the voters of each of these seven (7)
single-member districts.
(c) This subsection applies to a county having a population of more
than two hundred fifty thousand (200,000) (250,000) but less than
three two hundred seventy thousand (300,000). (270,000). The fiscal
body shall divide the county into nine (9) single-member districts that
comply with subsection (d). Three (3) of these districts must be
contained within each of the three (3) districts established under
IC 36-2-2-4(c). One (1) member of the fiscal body shall be elected by
the voters of each of these nine (9) single-member districts.
(d) Single-member districts established under subsection (a), (b), or
(c) must:
(1) be compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) not cross precinct boundary lines;
(3) contain, as nearly as possible, equal population; and
(4) include whole townships, except when a division is clearly
necessary to accomplish redistricting under this section.
(e) A division under subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county executive adopts an order declaring a county
boundary to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e).
(1) a county having a population of:
(A) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(B) more than two hundred fifty thousand
(270,000); and
(2) any other county not having a consolidated city, if both the
county executive and the county fiscal body adopt identical
ordinances providing for the county to be governed by this
chapter beginning on a specified effective date.
(b) Except as provided in section 6(c) of this chapter, this
chapter does not apply to a county beginning after December 31 of
the year in which a chief executive officer is first elected under
IC 36-2-2.5.
(b) Final judgment on the merits in such a case shall be made within thirty (30) days of the stay of election order. If the redistricting is found not to be in compliance with law, the court shall retain jurisdiction and shall order the proper officials to submit within thirty (30) days a redistricting plan complying with law. If the proper officials fail to comply with the order, the court shall order the Indiana election commission to divide the county into districts in compliance with law.
(c) If this chapter applied to a county at the time a chief executive officer is first elected under IC 36-2-2.5, this section continues to apply to the county after the election of the chief executive officer.
Chapter 3.7. County Council as the County Legislative Body
Sec. 1. Except as specifically provided by law, this chapter applies to each county:
(1) that does not have a consolidated city; and
(2) in which:
(A) an ordinance has been adopted unanimously by the county executive as described in IC 36-2-2.4-2(c) to reorganize all executive powers in a single elected county executive and to place all legislative and fiscal powers in the county council; or
(B) an ordinance has been adopted by the county executive as described in IC 36-2-2.4-2(d) to reorganize all executive
powers in a single elected county executive and to place all
legislative and fiscal powers in the county council, and a
public question to reorganize all executive powers in a
single elected county executive and to place all legislative
and fiscal powers in the county council has been approved
by the voters of the county under IC 36-2-2.4.
Sec. 2. As used in this chapter, "chief executive officer" means
the county chief executive officer elected under IC 3-10-2-13.
Sec. 3. In a county to which this chapter applies:
(1) the voters of the county shall continue to elect members of
the county council; and
(2) beginning on January 1 following the year in which the
first county chief executive officer is elected:
(A) the executive and legislative powers of the county are
divided between separate branches of county government,
and a power belonging to one (1) branch of county
government may not be exercised by the other branch of
county government;
(B) the county council is the county legislative body as well
as the county fiscal body; and
(C) the chief executive officer is the county executive of the
county and has the executive and administrative powers
and duties of the county as provided in IC 36-2-2.5.
Sec. 4. (a) All powers and duties of the county that are legislative
in nature (including any power of appointment related to
legislative functions) shall be exercised or performed by the county
council functioning as the county legislative body.
(b) The county council has the same legislative powers and
duties that the board of county commissioners in the county had
before the board of county commissioners was abolished.
(c) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
to the board of commissioners pertaining to the legislative powers
of a county is considered a reference to the legislative powers of the
county council of the county.
(d) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
related to the legislative powers and duties of the board of county
commissioners is considered a reference to the powers and duties
of the county council of the county.
Sec. 5. The county council may do any of the following:
(1) Establish committees that are necessary to carry out the
county council's functions.
(2) Employ legal and administrative personnel necessary to
carry out the county council's functions.
(3) Pass all ordinances, orders, resolutions, and motions for
the government of the county, in the manner prescribed by
IC 36-2-4.
(4) Receive gifts, bequests, and grants from public or private
sources.
(5) Conduct investigations into the conduct of county business
for the purpose of correcting deficiencies and ensuring
adherence to law and county ordinances and policies.
(6) Establish, by ordinance, new county departments,
divisions, or agencies whenever necessary to promote efficient
county government.
(b) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published once each week for two (2) consecutive weeks, according to IC 5-3-1. However, if such an ordinance is adopted by the legislative body of a county subject to IC 36-2-2.5 or IC 36-2-3.5 and there is an urgent necessity requiring its immediate effectiveness, it need not be published if:
(1) the county executive proclaims the urgent necessity; and
(2) copies of the ordinance are posted in three (3) public places in each of the districts of the county before it takes effect.
(c) The following apply in addition to the other requirements of this
section:
(1) An ordinance or resolution passed by the legislative body of
a county subject to IC 36-2-3.5 is considered adopted only if it is:
(A) approved by signature of a majority of the county
executive;
(B) neither approved nor vetoed by a majority of the executive,
within ten (10) days after passage by the legislative body; or
(C) passed over the veto of the executive by a two-thirds (2/3)
vote of the legislative body, within sixty (60) days after
presentation of the ordinance or resolution to the executive.
(2) Subject to subsection (g), the legislative body of a county
shall:
(A) subject to subdivision (3), give written notice to the
department of environmental management not later than sixty
(60) days before amendment or repeal of an environmental
restrictive ordinance; and
(B) give written notice to the department of environmental
management not later than thirty (30) days after passage,
amendment, or repeal of an environmental restrictive
ordinance.
(3) Upon written request by the legislative body, the department
of environmental management may waive the notice requirement
of subdivision (2)(A).
(4) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice
requirements of subdivision (2).
(5) The failure of an environmental restrictive ordinance to
comply with subdivision (4) does not void the ordinance.
(d) After an ordinance or resolution passed by the legislative body
of a county subject to IC 36-2-3.5 has been signed by the presiding
officer, the county auditor shall present it to the county executive, and
record the time of the presentation. Within ten (10) days after an
ordinance or resolution is presented to it, the executive shall:
(1) approve the ordinance or resolution, by signature of a majority
of the executive, and send the legislative body a message
announcing its approval; or
(2) veto the ordinance or resolution, by returning it to the
legislative body with a message announcing its veto and stating
its reasons for the veto.
(e) This section (other than subsection (c)(2)) does not apply to a
zoning ordinance or amendment to a zoning ordinance, or a resolution
approving a comprehensive plan, that is adopted under IC 36-7.
(f) An ordinance increasing a building permit fee on new development must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance is adopted by the legislative body in accordance with IC 5-3-1; and
(2) delay the implementation of the fee increase for ninety (90) days after the date the ordinance is published under subdivision (1).
(g) The notice requirements of subsection (c)(2) apply only if the municipal corporation received under IC 13-25-5-8.5(f) written notice that the department is relying on the environmental restrictive ordinance referred to in subsection (c)(2) as part of a risk based remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or IC 13-25-5.
(b) Notwithstanding IC 5-11-10, the county auditor may make payments for claims payable from the township assistance fund under IC 12-20-21-6 in advance of allowance by the county executive. Each payment of expenses under this section must be supported by a fully itemized invoice or bill and certification by the county auditor. The county executive shall review and allow the claim at its next regular or special meeting following the preapproved payment of the expense.
(1) A township for which the consolidation is approved by the township legislative body and trustee and the legislative body and mayor of the consolidated city.
(2) Any fire protection territory established under IC 36-8-19 that is located in a township described in subdivision (1).
(b) If the requirements of subsection (g) are satisfied, the consolidated fire department shall provide fire protection services within an entity described in subsection (a)(1) or (a)(2) in which the requirements of subsection (g) are satisfied on the date agreed to in the resolution of the township legislative body and the ordinance of the legislative body of the consolidated city.
(c) If the requirements of subsection (g) are satisfied and the fire department of an entity listed in subsection (a) is consolidated into the fire department of the consolidated city, all of the property, equipment, records, rights, and contracts of the department consolidated into the fire department of the consolidated city are:
(1) transferred to; or
(2) assumed by;
the consolidated city on the effective date of the consolidation. However, real property other than real property used as a fire station may be transferred only on terms mutually agreed to by the legislative body and mayor of the consolidated city and the trustee and legislative body of the township in which that real property is located.
(d) If the requirements of subsection (g) are satisfied and the fire department of an entity listed in subsection (a) is consolidated into the fire department of the consolidated city, the employees of the fire department consolidated into the fire department of the consolidated city cease employment with the department of the entity listed in subsection (a) and become employees of the consolidated fire department on the effective date of the consolidation. The consolidated
city shall assume all agreements with labor organizations that:
(1) are in effect on the effective date of the consolidation; and
(2) apply to employees of the department consolidated into the
fire department of the consolidated city who become employees
of the consolidated fire department.
(e) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the indebtedness related to fire
protection services incurred before the effective date of the
consolidation by the entity or a building, holding, or leasing
corporation on behalf of the entity whose fire department is
consolidated into the consolidated fire department under subsection (a)
shall remain the debt of the entity and does not become and may not be
assumed by the consolidated city. Indebtedness related to fire
protection services that is incurred by the consolidated city before the
effective date of the consolidation shall remain the debt of the
consolidated city, and property taxes levied to pay the debt may only
be levied by the fire special service district.
(f) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the merit board and the merit
system of the fire department that is consolidated are dissolved on the
effective date of the consolidation, and the duties of the merit board are
transferred to and assumed by the merit board for the consolidated fire
department on the effective date of the consolidation.
(g) A township legislative body, after approval by the township
trustee, may adopt a resolution approving the consolidation of the
township's fire department with the fire department of the consolidated
city. A township legislative body may adopt a resolution under this
subsection only after the township legislative body has held a public
hearing concerning the proposed consolidation. The township
legislative body shall hold the hearing not earlier than thirty (30) days
after the date the resolution is introduced. The hearing shall be
conducted in accordance with IC 5-14-1.5, and notice of the hearing
shall be published in accordance with IC 5-3-1. If the township
legislative body has adopted a resolution under this subsection, the
township legislative body shall, after approval from the township
trustee, forward the resolution to the legislative body of the
consolidated city. If such a resolution is forwarded to the legislative
body of the consolidated city and the legislative body of the
consolidated city adopts an ordinance, approved by the mayor of the
consolidated city, approving the consolidation of the fire department of
the township into the fire department of the consolidated city, the
requirements of this subsection are satisfied. The consolidation shall
take effect on the date agreed to by the township legislative body in its
resolution and by the legislative body of the consolidated city in its
ordinance approving the consolidation.
(h) The following apply if the requirements of subsection (g) are
satisfied:
(1) The consolidation of the fire department of that township is
effective on the date agreed to by the township legislative body in
the resolution and by the legislative body of the consolidated city
in its ordinance approving the consolidation.
(2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
fire department of a consolidated city under this section;
remains a member of the 1977 fund without being required to
meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The
firefighter shall receive credit for any service as a member of the
1977 fund before the consolidation to determine the firefighter's
eligibility for benefits under IC 36-8-8.
(3) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
fire department of a consolidated city under this section;
remains a member of the 1937 fund. The firefighter shall receive
credit for any service as a member of the 1937 fund before the
consolidation to determine the firefighter's eligibility for benefits
under IC 36-8-7.
(4) For property taxes first due and payable in the year in which
the consolidation is effective, the maximum permissible ad
valorem property tax levy under IC 6-1.1-18.5:
(A) is increased for the consolidated city by an amount equal
to the maximum permissible ad valorem property tax levy in
the year preceding the year in which the consolidation is
effective for fire protection and related services by the
township whose fire department is consolidated into the fire
department of the consolidated city under this section; and
(B) is reduced for the township whose fire department is
consolidated into the fire department of the consolidated city
under this section by the amount equal to the maximum
permissible ad valorem property tax levy in the year preceding
the year in which the consolidation is effective for fire
protection and related services for the township.
(5) The amount levied in the year preceding the year in which the
consolidation is effective by the township whose fire department
is consolidated into the fire department of the consolidated city
for the township's cumulative building and equipment fund for
fire protection and related services is transferred on the effective
date of the consolidation to the consolidated city's cumulative
building and equipment fund for fire protection and related
services, which is hereby established. The consolidated city is
exempted from the requirements of IC 36-8-14 and IC 6-1.1-41
regarding establishment of the cumulative building and
equipment fund for fire protection and related services.
(6) The local boards for the 1937 firefighters' pension fund and
the 1977 police officers' and firefighters' pension and disability
fund of the township are dissolved, and their services are
terminated not later than the effective date of the consolidation.
The duties performed by the local boards under IC 36-8-7 and
IC 36-8-8, respectively, are assumed by the consolidated city's
local board for the 1937 firefighters' pension fund and local board
for the 1977 police officers' and firefighters' pension and
disability fund, respectively. Notwithstanding any other provision,
the legislative body of the consolidated city may adopt an
ordinance to adjust the membership of the consolidated city's
local board to reflect the consolidation.
(7) The consolidated city may levy property taxes within the
consolidated city's maximum permissible ad valorem property tax
levy limit to provide for the payment of the expenses for the
operation of the consolidated fire department. However, property
taxes to fund the pension obligation under IC 36-8-7 for members
of the 1937 firefighters fund who were employees of the
consolidated city at the time of the consolidation may be levied
only by the fire special service district within the fire special
service district. The fire special service district established under
IC 36-3-1-6 may levy property taxes to provide for the payment
of expenses for the operation of the consolidated fire department
within the territory of the fire special service district. Property
taxes to fund the pension obligation under IC 36-8-8 for members
of the 1977 police officers' and firefighters' pension and disability
fund who were members of the fire department of the
consolidated city on the effective date of the consolidation may be
levied only by the fire special service district within the fire
special service district. Property taxes to fund the pension
obligation for members of the 1937 firefighters fund who were
not members of the fire department of the consolidated city on the
effective date of the consolidation and members of the 1977
police officers' and firefighters' pension and disability fund who
were not members of the fire department of the consolidated city
on the effective date of the consolidation may be levied by the
consolidated city within the city's maximum permissible ad
valorem property tax levy. However, these taxes may be levied
only within the fire special service district and any townships that
have consolidated fire departments under this section.
(8) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before March
1 of the year in which the consolidation is effective and before
March 1 in each of the following two (2) years, to determine:
(A) the amount of any cost savings, operational efficiencies, or
improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluation
and performance audit must be provided to the legislative council
in an electronic format under IC 5-14-6 and to the state budget
committee.
(i) If a public question is approved under IC 36-6-1.2 in a county
having a consolidated city, the fire department of a township
described in IC 36-6-1.3-3(b) is consolidated into the fire
department of the consolidated city under this section on the
earlier of the following, without any approvals otherwise required
under this section:
(1) The date the mayor of the consolidated city establishes by
executive order.
(2) January 1, 2014.
To ensure an orderly transition, the mayor may order the
consolidation of one (1) or more such fire departments into the
consolidated fire department with each executive order. The mayor
shall, by certified mail, provide at least sixty (60) days notice of the
effective date of the consolidation to the trustee of the township
affected.
the following:
(1) duties and powers vested in the city-county legislative body by
IC 36-3-4.
(2) Duties and powers retained by the board of commissioners of
the county under section 10 of this chapter.
(1) has all the powers; and
(2) performs all the duties;
of the county auditor under law.
(b) The controller:
(1) does not have the powers; and
(2) may not perform the duties;
of the county auditor under IC 36-2-9.5 and IC 36-3-6.
(c) Notwithstanding subsection (a) or any other law, the executive, with the approval of the legislative body, may allocate the duties of the county auditor, except the duties referred to in subsection (b), among:
(1) the controller;
(2) the county assessor;
(3) the county auditor; or
(4) other appropriate city or county officials.
(b) A town subject to this chapter may be dissolved if the county
election board of the county in which the greatest percentage of
population of the town is located conducts a public hearing and finds
that the town has not elected town officers or had a functioning town
government during the preceding ten (10) years.
(c) The county election board shall certify the board's findings to the
county executive, who may adopt an ordinance or (in a county subject
to IC 36-2-2.5 or IC 36-2-3.5) issue an order to dissolve the town.
Chapter 1.2. Local Public Question on Eliminating Township Government; Transfer of Duties and Responsibilities; Transfer of Property
Sec. 1. This chapter applies to all counties.
Sec. 2. (a) The following question shall be submitted to the registered voters of Marion County at the general election in November 2012:
"Shall the duties of township government be transferred to Marion County? (A "yes" vote on the public question eliminates the township trustee in all townships in the county, transfers township fire protection duties to the fire department of the consolidated city, and transfers other township powers and duties to the county. A "no" vote on the public question retains the township trustees in the county.)".
(b) The following question shall be submitted to the registered voters of each county (other than Marion County) at the general election in November 2012:
"Shall the duties of township government be transferred to ________ (insert the name of the county)? (A "yes" vote on the public question eliminates the township trustee and township assessor (if any) in all townships in the county, transfers township fire protection duties to a fire protection district, and transfers other township powers and duties to the county. A "no" vote on the public question retains the township trustees in the county.)".
Sec. 3. (a) The county auditor shall certify a public question described in section 2 of this chapter under IC 3-10-9-3 to the county election board of the county. After the public question is certified, the public question shall be placed on the ballot at the general election in November 2012.
(b) Only the registered voters who are residents of the county may vote on the public question.
Sec. 4. Public funds from any source may not be expended by a political subdivision or by the state to promote a position on a public question under this chapter. A political subdivision or the state may not promote a position on a public question under this chapter by doing any of the following:
(1) Allowing facilities or equipment, including mail and messaging systems, owned by the political subdivision or state to be used for public relations purposes to promote a position on the public question.
(2) Making an expenditure of money from a fund controlled by the political subdivision or the state to promote a position on the public question.
(3) Using an employee to promote a position on the public question during the employee's normal working hours or paid overtime, or otherwise compelling an employee to promote a position on the public question at any time.
Sec. 5. The circuit court clerk shall certify the results of a public question under this chapter to the following:
(1) The secretary of state.
(2) The county auditor.
(3) The department of local government finance.
(4) The department of state revenue.
(5) The state board of accounts.
Sec. 6. If a majority of the voters voting on a public question under this chapter in the county vote "yes" to the public question, beginning on January 1, 2014:
(1) the office of township trustee in each township in the county is abolished;
(2) the county executive is the executive of all townships in the county and shall exercise the executive powers and duties assigned in the Indiana Code or the Indiana Administrative Code to the township executive;
(3) the office of township assessor, if a township has a township assessor, is abolished; and
(4) the county assessor has the powers and duties of the township assessor (if any).
Sec. 7. (a) The abolishment of the office of a township trustee and township assessor (if any) under section 6 of this chapter does not invalidate:
(1) any resolutions, fees, schedules, or other actions adopted or taken by the township trustee or township assessor before January 1, 2014; or
(2) any appointments made by the township trustee or township assessor before January 1, 2014.
(b) In a county in which a township trustee or township assessor is abolished under section 6 of this chapter, after December 31, 2013, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code; or
(3) in any resolution;
to the township trustee is considered a reference to the county executive and to the township assessor is considered a reference to the county assessor.
Sec. 8. Beginning January 1, 2013, in a county in which a public question under this chapter is approved, a designee of the executive shall meet at least every other month with each township trustee to effectuate the proper transition of the township's duties, obligations, and responsibilities relating to cemeteries, high weeds and grass, detrimental plants, and parks. In a county in which a public question under this chapter is approved, the following shall occur:
(1) Beginning January 1, 2013, a designee of the county executive shall meet at least monthly with each township trustee to effectuate the proper transition of the duties, obligations, and responsibilities of the trustees relating to township assistance. The designee shall prepare and maintain a report regarding the transition, and the report shall be made available to the public upon request.
(2) Beginning January 1, 2013, a designee of the county executive in a county having a consolidated city shall meet at least every other month with each township trustee to effectuate the proper transition of the duties, obligations, and responsibilities of the trustees relating to small claims courts to the county executive. The designee shall prepare and maintain a report regarding the transition, and the report shall be made available to the public upon request.
Sec. 9. (a) Except as provided in subsection (b) and IC 36-3-1-6.1, if a public question under this chapter is approved, on January 1, 2014, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel; and
(7) contracts;
connected with the operations of a township in the county related to fire services are transferred to the fire protection district established under IC 36-8-11-4.5.
(b) If a public question under this chapter is approved, on January 1, 2014, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel; and
(7) contracts;
connected with the operations related to fire services of a township that is wholly contained within a fire protection district as of December 31, 2013, are transferred to the fire protection district.
(c) If a public question under this chapter is approved, on January 1, 2014, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel; and
(7) contracts;
connected with the operations of a township in the county related to township functions other than those specified under subsection (a) are transferred to the county executive.
Sec. 10. (a) Except as provided in subsection (b) and IC 36-3-1-6.1, if a public question under this chapter is approved in a county, the balance on January 1, 2014, in a debt service fund related to fire protection of a township located in the county:
(1) is transferred to the fire protection district established under IC 36-8-11-4.5 in which the township is located; and
(2) shall be used by the fire protection district to pay indebtedness or lease rentals for which the fund was established.
Any balance remaining in the fund after all payments for indebtedness or lease rentals required under this section have been made is transferred to the general fund of the fire protection district.
(b) If a public question under this chapter is approved, the balance on January 1, 2014, in a debt service fund related to fire protection of a township that is wholly contained within a fire protection district as of December 31, 2013:
(1) is transferred to the fire protection district in which the township is wholly contained; and
(2) shall be used by the fire protection district to pay indebtedness or lease rentals for which the fund was established.
Any balance remaining in the fund after all payments for indebtedness or lease rentals required under this section have been made is transferred to the general fund of the fire protection district.
(c) If a public question under this chapter is approved in a county, the balance on January 1, 2014, in a debt service fund related to township functions other than those specified under subsection (a) or (b):
(1) is transferred to the county in which the township is located; and
(2) shall be used by the county to pay indebtedness or lease rentals for which the fund was established.
Any balance remaining in the fund after all payments for indebtedness or lease rentals required under this section have been made is transferred to the county general fund.
Sec. 11. (a) If a public question under this chapter is approved in a county, on January 1, 2014, the balance in the general fund of a township in the county attributable to the duties of the township trustee under IC 36-6-4-3, other than the duties concerning fire protection transferred under IC 36-3-1-6.1, is transferred to the executive.
(b) If a public question under this chapter is approved in a county having a consolidated city, on January 1, 2014, the balance in the general fund of a township in the county attributable to the duties of the township trustee related to administering small claims courts is transferred to the county executive.
(c) The department of local government finance shall determine the amounts to be transferred under subsections (a) and (b).
(d) IC 36-1-8-5 does not apply to a balance referred to in subsection (a).
Sec. 12. (a) If a public question under this chapter is approved in a county, the balance in the township assistance fund of a township in the county attributable to the duties of the township
trustee on January 1, 2014:
(1) is transferred to the county; and
(2) shall be deposited in the township assistance fund
established under IC 12-20-21-6.
(b) The department of local government finance shall determine
the amounts to be transferred under this section.
(c) IC 36-1-8-5 does not apply to a balance referred to in this
section.
Sec. 13. If a public question under this chapter is approved in a
county:
(1) effective January 1, 2014, the operations of the township
constable in a township located in the county; and
(2) effective January 1, 2014, the operations of the small
claims courts in a township located in the county;
shall be accounted for in the county budget.
Sec. 14. Effective January 1, 2014, in a county that approves a
public question under this chapter, a municipality has the right of
first refusal for a township's park land and buildings that are
located within the municipality. If the municipality agrees to the
transfer of some or all of the township's park land and buildings
that are located in the municipality, the property (and all
obligations related to the property) shall be transferred to the
municipality. If the municipality does not agree to the transfer of
some or all of the township's park land and buildings that are
located in the municipality, the property (and all obligations
related to the property) that is not accepted by the municipality
shall be transferred to the county.
Sec. 15. Indebtedness that was incurred by a township before
the township government is abolished under this chapter:
(1) may not be imposed on taxpayers that were not
responsible for payment of the indebtedness before the
abolishment of the township government; and
(2) must be paid by the taxpayers that were responsible for
payment of the indebtedness before the abolishment of the
township government.
Sec. 16. The department of local government finance shall
adjust maximum permissible property tax levies and property tax
rates of units of local government as necessary to account for
transfers of duties, powers, and obligations under this chapter.
Chapter 1.3. Fire Protection Districts in Townships in Which Township Government Has Been Abolished
Sec. 1. This chapter applies to all counties in which a public question is approved under IC 36-6-1.2.
Sec. 2. Except as provided in section 3 of this chapter, if a public question is approved under IC 36-6-1.2 in a county, the functions, duties, and responsibilities of the township with respect to providing fire protection and related services are transferred on January 1, 2014, to a fire protection district established for that township as provided in IC 36-8-11-4.5.
Sec. 3. (a) If a public question is approved under IC 36-6-1.2 in the county having a consolidated city, in the case of a township in the county that has not consolidated its fire department under IC 36-3-1-6.1:
(1) the township fire department is consolidated into the fire department of the consolidated city as provided in IC 36-3-1-6.1(i); and
(2) a fire protection district is not established under this chapter in that township.
(b) Notwithstanding IC 36-3-1-6.1, if a public question is approved under IC 36-6-1.2 in the county having a consolidated city, the consolidation of the fire department of a township described in subsection (a) into the fire department of the consolidated city occurs as provided in IC 36-3-1-6.1(i), without any action required by the township executive, the township legislative body, or the legislative body of the consolidated city.
Sec. 4. (a) Except as provided in section 3 of this chapter and IC 36-3-1-6.1, and except as otherwise provided by law, if a public question is approved under IC 36-6-1.2 in a county, on January 1, 2014, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel (except as otherwise provided for by statute); and
(7) contracts;
connected with the fire protection and related operations of a township in which a fire protection district is established under IC 36-8-11-4.5 are transferred to the fire protection district.
(b) In the case of a township that is located in a county in which
a public question is approved under IC 36-6-1.2 and that is a
participating unit in a fire protection territory as of January 1,
2014:
(1) the powers and duties of the township related to the fire
protection territory are transferred to the fire protection
district established under IC 36-8-11-4.5; and
(2) the fire protection district established under
IC 36-8-11-4.5 assumes all assets, debts, property rights,
equipment, records, personnel, and contracts related to the
township's participation as a participating unit in the fire
protection territory.
Sec. 5. This chapter does not affect the rights, powers, and
responsibilities of a fire protection district in existence as of
January 1, 2014.
Sec. 6. A fire protection district shall not be established under
this section in the territory of a township that is included in a fire
protection district as of January 1, 2014.
Sec. 7. Except as otherwise provided by law, IC 36-8-11 governs
a fire protection district established as provided in IC 36-8-11-4.5.
Sec. 8. The department of local government finance shall adjust
maximum permissible property tax levies and property tax rates
of units of local government as necessary to account for transfers
of duties, powers, and obligations under this chapter.
(b) Each item of expenditure must be accompanied by the verified voucher of the person to whom the sum was paid, stating:
(1) why the payment was made;
(2) that the receipt is for the exact sum received;
(3) that no part of the sum has been retained by the executive; and
(4) that no part of the sum has been or is to be returned to the executive or any other person.
The executive may administer oaths to persons giving these receipts.
(c) The report must separately list each expenditure that is made to reimburse the executive for the executive's use of tangible property (as defined in IC 6-1.1-1-19) for public business, including
any reimbursements made for the executive's use of a private
residence, a personal telephone, or a personal vehicle for public
business. As used in this section, "private residence" means a place
that is not a public place.
(c) (d) The executive shall swear or affirm that:
(1) the report shows all sums received by him; the executive;
(2) the expenditures credited have been fully paid in the sums
stated, without express or implied agreement that any part of the
sums is to be retained by or returned to the executive or any other
person; and
(3) the executive has received no money or other property in
consideration of any contract entered into on behalf of the
township.
(d) (e) Within ten (10) days after the legislative body's action under
IC 36-6-6-9, the executive shall file a copy of the report and its
accompanying vouchers, as adopted by the legislative body, in the
county auditor's office. The legislative body may, for the benefit of the
township, bring a civil action against the executive if the executive fails
to file the report within ten (10) days after the legislative body's action.
The legislative body may recover five dollars ($5) for each day beyond
the time limit for filing the report, until the report is filed.
(1) having:
(A) a population of more than eight thousand (8,000); or
(B) an elected township assessor or the authority to elect a township assessor before January 1, 1979; and
(2) in which the number of parcels of real property on January 1, 2008, is at least fifteen thousand (15,000).
(b) Subject to subsection (g), before 2009, a township assessor shall be elected under IC 3-10-2-14 (repealed effective July 1, 2008) in each township:
(1) having a population of more than five thousand (5,000) but not more than eight thousand (8,000), if:
(A) the legislative body of the township, by resolution, declares that the office of township assessor is necessary; and
(B) the resolution is filed with the county election board not later than the first date that a declaration of candidacy may be filed under IC 3-8-2; and
(2) in which the number of parcels of real property on January 1, 2008, is at least fifteen thousand (15,000).
(c) Subject to subsection (g), a township government that is created by merger under IC 36-6-1.5 shall elect only one (1) township assessor under this section.
(d) Subject to subsection (g), after 2008 a township assessor shall be elected under IC 3-10-2-13 only by the voters of each township in which:
(1) the number of parcels of real property on January 1, 2008, is at least fifteen thousand (15,000); and
(2) the transfer to the county assessor of the assessment duties prescribed by IC 6-1.1 is disapproved in the referendum under IC 36-2-15.
(e) The township assessor must reside within the township as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The assessor forfeits office if the assessor ceases to be a resident of the township.
(f) The term of office of a township assessor is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. However, the term of office of a township assessor elected at a general election in which no other township officer is elected ends on December 31 after the next election in which any other township officer is elected.
(g) A person who runs for the office of township assessor in an election after June 30, 2008, is subject to IC 3-8-1-23.6.
(h) After June 30, 2008, the county assessor shall perform the assessment duties prescribed by IC 6-1.1 in a township in which the number of parcels of real property on January 1, 2008, is less than fifteen thousand (15,000).
(i) Notwithstanding any other law, on January 1, 2014, in the case of a county that approves a public question under IC 36-6-1.2:
(1) the powers and duties of the township assessor are transferred to the county assessor;
(2) the office of township assessor is eliminated; and
(3) the term of any township assessor is terminated.
The transfer of powers and duties under this subsection does not affect any assessment, assessment appeal, or other official action of a township assessor relating to property assessment made before the transfer of powers and duties of the township assessor. Any assessment, assessment appeal, or other official action made by a township assessor within the scope of the township assessor's official duties under IC 6-1.1 or this chapter before the transfer of
powers and duties to the county assessor is considered to have been
made by the county assessor.
(j) Each township assessor whose powers and duties are
transferred to the county assessor under subsection (i) shall
organize the records of the township assessor's office relating to
those duties in a manner prescribed by the department of local
government finance and transfer the records to the county assessor
in the manner and at the time directed by the department of local
government finance. The department of local government finance
shall determine a procedure and schedule for the transfer of the
records. A township assessor whose powers and duties are
transferred to the county assessor under subsection (i) and the
county assessor to whom the powers and duties are transferred
shall assist each other and coordinate their efforts to ensure an
orderly transfer of all township assessor records to the county
assessor and to provide for an uninterrupted and professional
transition of powers and duties from the township assessor to the
county assessor consistent with the directions of the department of
local government finance.
(b) On January 1, 2013, the township boards in each county are abolished.
(c) After December 31, 2012:
(1) the county fiscal body is the fiscal body and legislative body of each township in the county; and
(2) the county fiscal body shall exercise the legislative and fiscal powers assigned in the Indiana Code to township boards, including the authority to adopt the township's annual budget and to levy township property taxes for township funds.
(d) The abolishment of a township board under subsection (b) does not invalidate:
(1) any resolutions, fees, or schedules adopted or other actions taken by the township board before January 1, 2013; or
(2) any appointments made by the township board before January 1, 2013.
(e) After December 31, 2012, any reference in the Indiana Code, in the Indiana Administrative Code, or in any resolution to the township board of a county is considered a reference to the county fiscal body.
Chapter 10. Township Capital Improvement Plan
Sec. 1. This chapter applies after December 31, 2012. However, after December 31, 2013, this chapter applies only to a county that approves a public question under IC 36-6-1.2.
Sec. 2. As used in this chapter, "capital improvement" means:
(1) acquisition of land;
(2) site improvements;
(3) infrastructure improvements;
(4) construction of buildings or structures;
(5) rehabilitation, renovation, or enlargement of buildings or structures; or
(6) acquisition or improvement of machinery, equipment, furnishings, or facilities.
Sec. 3. As used in this chapter, "capital improvement fund" means a township fund in which the money in the fund may be used for the payment of capital improvements. The term includes:
(1) a cumulative firefighting building and equipment fund under IC 36-8-14;
(2) an equipment replacement fund under IC 36-8-19-8.5;
(3) a cumulative township vehicle and building fund under IC 36-9-17.5;
(4) a cumulative building fund under IC 36-10-7.5-19; and
(5) any other fund established by a township for the payment of capital improvements.
Sec. 4. As used in this chapter, "plan" refers to a township capital improvement plan adopted or amended under this chapter.
Sec. 5. Before a township may collect property taxes for a capital improvement fund in a particular year, the township trustee must prepare a proposed or amended plan in the immediately preceding year. The county fiscal body, not later than August 1, shall hold a public hearing on a proposed or amended plan and adopt the proposed or amended plan.
Sec. 6. (a) The department of local government finance shall prescribe the format of the plan.
(b) A plan must:
(1) apply to at least the three (3) years immediately following the year the plan is adopted;
(2) estimate for each year to which the plan applies the nature and amount of proposed expenditures from the capital
improvement fund; and
(3) estimate:
(A) the source of all revenue to be dedicated to the
proposed expenditures in the upcoming calendar year; and
(B) the amount of property taxes to be collected in the
upcoming calendar year and retained in the fund for
expenditures proposed for a later year.
Sec. 7. A township trustee, with the approval of the county fiscal
body, may amend a plan to:
(1) provide money for the purposes of the fund; or
(2) supplement money accumulated in the fund for the
purposes of the fund.
Sec. 8. The plan shall be considered by:
(1) the county fiscal body in making the annual budget
estimate under IC 6-1.1-17-2; and
(2) the department of local government finance when
reviewing a budget, tax rate, and tax levy of a township under
IC 6-1.1-17-16.
(1) "Board" refers to the board of fire trustees of a fire protection district.
(2) "Fire trustee" means, after December 31, 2013, the fire trustee of a fire protection district established under section 4.5 of this chapter.
(3) "Fiscal officer" means a bonded employee of the fire protection district charged with the faithful receipt and disbursement of the funds of the district.
(4) "Freeholder" means an individual who holds land in fee, for life, or for some indeterminate period of time, whether or not in joint title.
(5) "Interested person" includes a freeholder or corporation owning lands within the proposed or established fire protection district, a person whose property may be condemned or injured by the district, the proper officer of a municipality, an affected state
agency, and all local plan commissions.
(6) "Joint title" means joint tenancy, tenancy in common, or
tenancy by the entireties.
(7) "Primary county" refers to the county where the largest portion
of a municipality is located if the municipality is located in two
(2) counties.
(8) "Secondary county" refers to the county where the smallest
portion of a municipality is located if the municipality is located
in two (2) counties.
(b) Notwithstanding any other law and except as provided in this section, a fire protection district is established effective January 1, 2014, in the territory of each township in a county that approves a public question under IC 36-6-1.2.
(c) The following apply to a fire protection district established under this section:
(1) The fire protection district consists of all unincorporated area that is located in the township and that as of December 31, 2013, is not included in a fire protection district. A municipality located within the fire protection district may be included in the fire protection district, but only if the municipality consents by ordinance.
(2) No action by a county legislative body, freeholders, or any other entity is necessary to establish the fire protection district.
(3) The fire protection district may merge with one (1) or more other fire protection districts as provided in this chapter.
(4) The fire protection district may be a participating unit in a fire protection territory under IC 36-8-19.
(5) The assets, liabilities, and obligations of the township government that is abolished under IC 36-6-1.2 concerning fire protection are transferred to the fire protection district as provided in IC 36-6-1.3.
(6) Except as specifically provided by law, a fire protection district established under this section is governed by and subject to this chapter and all other laws and rules governing fire protection districts.
(d) This section does not affect the rights, powers, and
responsibilities of a fire protection district in existence as of
January 1, 2014.
(e) A fire protection district shall not be established under this
section in the territory of a township that is included in a fire
protection district as of January 1, 2014.
(1) is a party to a contract with the district; or
(2) is a member, an employee, a director, or a shareholder of any corporation or association that has a contract with the district;
may not be appointed or serve as a trustee. The legislative body shall appoint one (1) trustee from each township or part of a township contained in the district and one (1) trustee from each municipality contained in the district. If the number of trustees selected by this method is an even number, the legislative body shall appoint one (1) additional trustee so that the number of trustees is always an odd number. If the requirements of this section do not provide at least three (3) trustees, the legislative body shall make additional appointments so that there is a minimum of three (3) trustees.
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) All others for a term of four (4) years.
The terms expire on the first Monday of January of the year their appointments expire. As the terms expire, each new appointment is for a term of four (4) years.
(1) The fire protection district shall not have a board of fire
trustees.
(2) The county executive shall appoint a fire trustee to manage
the operation of the fire protection district.
(3) A fire trustee:
(A) must be a resident of the fire protection district; and
(B) may not be an employee of the fire protection district.
(4) A fire trustee shall be appointed for a four (4) year term,
beginning on January 1 of the first year of the fire trustee's
term.
(5) The initial fire trustee shall be appointed for a four (4)
year term, beginning on January 1, 2014.
(6) The county fiscal body shall by ordinance set the salary of
each fire trustee in the county. The salary of a fire trustee
shall be paid by the fire protection district.
(7) A fire trustee:
(A) may not be a relative (as defined in IC 14-33-5.4-2) of
a member of the county fiscal body, county legislative
body, or county executive body; and
(B) may not be a member of the fire department serving
the fire protection district.
(8) Except as specifically provided by law, after December 31,
2013:
(A) the fire trustee of a fire protection district to which this
section applies has the powers, duties, rights, and
responsibilities that a board of fire trustees has in a fire
protection district to which this section does not apply; and
(B) a reference in this chapter or in any law to a board of
fire trustees is considered a reference to the fire trustee in
the case of a fire protection district to which this section
applies.
(9) The fire trustee shall arrange for office space and keep a
record of all transactions and minutes of all hearings or
meetings of the fire trustee. All records and minutes must be
available for public inspection.
(1) has the same powers and duties as a township executive with respect to fire protection functions, including those duties and powers prescribed by IC 36-8-13, although all cooperative and joint actions permitted by that chapter must be undertaken according to this chapter;
(2) has the same powers and duties as a township executive relative to contracting with volunteer firefighting companies, as prescribed by IC 36-8-12 and IC 36-8-13;
(3) shall appoint, fix the compensation, and prescribe the duties of a fiscal officer, secretarial staff, persons performing special and temporary services or providing legal counsel, and other personnel considered necessary for the proper functioning of the district; however, a person appointed as fiscal officer must be bonded by good and sufficient sureties in an amount ordered by the county legislative body to protect the district from financial loss;
(4) shall exercise general supervision of and make regulations for the administration of the district's affairs;
(5) shall prescribe uniform rules pertaining to investigations and hearings;
(6) shall supervise the fiscal affairs and responsibilities of the district;
(7) may delegate to employees of the district the authority to perform ministerial acts, except in cases in which final action of
the board is necessary;
(8) shall keep accurate and complete records of all departmental
proceedings, record and file all bonds and contracts, and assume
responsibility for the custody and preservation of all papers and
documents of the district;
(9) shall make an annual report to the executive and the fiscal
body of the county that at least lists the financial transactions of
the district and a statement of the progress in accomplishing the
purposes for which the district has been established;
(10) shall adopt a seal and certify all official acts;
(11) may sue and be sued collectively by its legal name ("Board
of Fire Trustees, __________ Fire Protection District"), with
service of process made on the chairman of the board, but costs
may not be taxed against the members individually in an action;
(12) may invoke any legal, equitable, or special remedy for the
enforcement of this chapter or of proper action of the board taken
in a court;
(13) shall prepare and submit to the fiscal body of the county an
annual budget for operation and maintenance expenses and for the
retirement of obligations of the district, subject to review and
approval by the fiscal body;
(14) may, if advisable, establish one (1) or more advisory
committees;
(15) may enter into agreements with and accept money from a
federal or state agency and enter into agreements with a
municipality located within or outside the district, whether or not
the municipality is a part of the district, for a purpose compatible
with the purposes for which the district exists and with the
interests of the municipality;
(16) may accept gifts of money or other property to be used for
the purposes for which the district is established;
(17) may levy taxes at a uniform rate on the real and personal
property within the district;
(18) may issue bonds and tax anticipation warrants;
(19) may incur other debts and liabilities;
(20) may purchase or rent property;
(21) may sell services or property that are produced incident to
the operations of the district making a fair and reasonable charge
for it;
(22) may make contracts or otherwise enter into agreements with
public or private persons and federal or state agencies for
construction, maintenance, or operations of or in part of the
district;
(23) may receive and disburse money; and
(24) may impose a false alarm fee or service charge under
IC 36-8-13-4.
(b) Powers granted by this chapter may be used only to accomplish
the purpose or purposes as stated in the ordinance or resolution
establishing the district. However, an act of the board necessary and
proper to accomplish the purposes for which the district is established
is not invalid because it incidentally accomplishes a purpose other than
one for which the district is established.
(c) Except as provided in subsection (d), in a fire protection
district established under section 4.5 of this chapter, the fire trustee
has after December 31, 2013, all the powers, duties, rights, and
responsibilities of a board of fire trustees under this section.
(d) In a fire protection district established under section 4.5 of
this chapter, the fire trustee may:
(1) levy taxes at a uniform rate on the real and personal
property within the district;
(2) issue bonds and tax anticipation warrants; and
(3) incur other debts and liabilities;
only after approval by the county fiscal body.
(b) The budget must be approved by the fiscal body of the county, the county board of tax adjustment, and the department of local government finance.
(c) Upon approval by the department of local government finance, the board shall certify the approved tax levy to the auditor of the county having land within the district. The auditor shall have the levy entered on the county treasurer's tax records for collection. After collection of the taxes the auditor shall issue a warrant on the treasurer to transfer the revenues collected to the board, as provided by statute.
(b) IC 36-6-1.3 applies after December 31, 2013, to a township located in a county that has approved a public question under IC 36-6-1.2.
(b) The legislative body of the county where at least two (2) districts are located (or if the districts are located in more than one (1) county, the legislative body of each county) shall, if petitioned by freeholders in the two (2) districts, adopt an ordinance merging the districts into a single fire protection district.
(c) Freeholders who desire the merger of at least two (2) fire protection districts must initiate proceedings by filing a petition in the office of the county auditor of each county where a district is located. The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five hundred (500) from each district, of the freeholders owning land within the district; or
(2) by a majority of the freeholders from the districts;
whichever is less.
(d) The petition described in subsection (c) must state the same items listed in section 7 of this chapter. Sections 6, 8, and 9 of this chapter apply to the petition and to the legislative body of each county in the proposed district.
(e) The board of fire trustees for each district shall form a single
board, which shall continue to be appointed as prescribed by section 12
of this chapter. In the case of a merger of fire protection districts
that includes one (1) or more fire protection districts established
under section 4.5 of this chapter, the county legislative body (or
county legislative bodies acting jointly, if the merger involves fire
protection districts from more than one (1) county) shall appoint
an individual to serve as fire trustee of the merged fire protection
district. In addition, sections 13, 14, and 15 of this chapter relating to
the board of fire trustees apply to the board of the merged district,
except that if the merged district lies in more than one (1) county, the
county legislative bodies serving the combined district shall jointly
decide where the board shall locate (or approve relocation of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the
taxing district, bonds, annual budget, tax levies, and disbanding of fire
departments apply to a merged district. However, the budget must be
approved by the county fiscal body and county board of tax adjustment
in each county in the merged district. In addition, the auditor of each
county in the district shall perform the duties described in section 18(c)
of this chapter.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five hundred (500), of the freeholders owning land within the district; or
(2) by a majority of those freeholders owning land within the district;
whichever is less.
(c) Except as provided in subsection (d), the provisions of section 8 of this chapter concerning a petition to establish a district apply to a dissolution petition.
(d) If the district is established under section 5.1 of this chapter, the provisions of section 5.1 of this chapter apply to a petition to dissolve the district.
(e) Except as provided in subsection (f), a petition against the dissolution of the fire protection district may be presented to the county legislative body at or after a hearing on the petition to dissolve a district
and before the adoption of an ordinance or resolution dissolving the
district. If the legislative body finds that it contains the signatures of
fifty-one percent (51%) of the freeholders within the district or of the
freeholders who own two-thirds (2/3) of the real property within the
district, determined by assessed valuation, the legislative body shall
dismiss the petition for the dissolution of the district.
(f) If a district is established under section 5.1 of this chapter, the
provisions of section 9.5 of this chapter apply to a petition to dissolve
the district.
(g) If, after the public hearing, the legislative body determines that
dissolution should occur, it shall adopt an ordinance dissolving the
district. If the district is established under section 5.1 of this chapter,
both legislative bodies of the counties containing the district must
adopt ordinances dissolving the district after determining in a public
hearing that the district should be dissolved.
(h) A dissolution takes effect three (3) months after the later of the
adoption of the ordinance under subsection (g) or the payment of the
district's debts and liabilities, including its liabilities under IC 34-13-2
and IC 34-13-3. The property owned by the district after payment of
debts and liabilities shall be disposed of in the manner chosen by the
county legislative body or county legislative bodies. Dissolution of a
district does not affect the validity of any contract to which the district
is a party.
(i) A person aggrieved by a decision made by the county legislative
body or county legislative bodies under this section may, within thirty
(30) days, appeal the decision to the circuit court for any county in
which the district is located. The appeal is instituted by giving written
notice to each county legislative body within which the district is
located and filing with the circuit court clerk a bond in the sum of five
hundred dollars ($500), with surety approved by the legislative body or
legislative bodies. The bond must provide that the appeal will be duly
prosecuted and that the appellants will pay all costs if the appeal is
decided against them. When an appeal is instituted, the county
legislative body or county legislative bodies shall file with the circuit
court clerk a transcript of all proceedings in the case, together with all
papers filed in the case. The county legislative body or county
legislative bodies may not take further action in the case until the
appeal is heard and determined. An appeal under this subsection shall
be heard by the circuit court without a jury. Change of venue from the
judge may be granted, but change of venue from the county may not be
granted.
(j) This section expires January 1, 2014.
(b) As used in this section, "volunteer fire department" has the meaning set forth in IC 36-8-12-2.
(c) The legislative body of a unit,
(1) The:
(A) purchase, construction, renovation, or addition to buildings; or
(B) purchase of land;
used by the fire department or a volunteer fire department serving the unit.
(2) The purchase of firefighting equipment for use of the fire department or a volunteer fire department serving the unit, including making the required payments under a lease rental with option to purchase agreement made to acquire the equipment.
(3) In a municipality, the purchase of police radio equipment.
(4) The:
(A) purchase, construction, renovation, or addition to a building;
(B) purchase of land; or
(C) purchase of equipment;
for use of a provider of emergency medical services under IC 16-31-5 to the unit establishing the fund.
(d) In addition to the requirements of IC 6-1.1-41, before a cumulative fund may be established by a township fire protection district, the county legislative body which appoints the trustees of the fire protection district or (after December 31, 2013, in the case of a fire protection district established under IC 36-8-11-4.5) the fiscal body of the county in which the fire protection district is located must approve the establishment of the fund.
(1) Fire protection, including the capability for extinguishing all
fires that might be reasonably expected because of the types of
improvements, personal property, and real property within the
boundaries of the territory.
(2) Fire prevention, including identification and elimination of all
potential and actual sources of fire hazard.
(3) Other purposes or functions related to fire protection and fire
prevention.
(b) Not more than one (1) unit within the proposed territory may be
designated as the provider unit for the territory.
(c) The boundaries of a territory need not coincide with those of
other political subdivisions.
(d) A fire protection district established under IC 36-8-11-4.5:
(1) may be a participating unit after December 31, 2013, in a
fire protection territory; and
(2) is considered after December 31, 2013, to be a unit for
purposes of this chapter.
(e) In the case of a fire protection district established under
IC 36-8-11-4.5, the legislative body of the county in which the fire
protection territory is located is considered for purposes of this
chapter to be the legislative body of the fire protection district.
(1) Board of commissioners, for a county not subject to IC 36-2-2.5, IC 36-2-3.5 or IC 36-3-1.
(2) County council, for a county subject to IC 36-2-2.5 or IC 36-2-3.5.
(3) City-county council, for a consolidated city or county having a consolidated city.
(4) Common council, for a city other than a consolidated city.
(5) Town council, for a town.
(6) Trustee and township board, for a civil or school township.
(7) Board of school trustees, board of school commissioners, or school board, for a school corporation.
(8) Board of trustees, for a health and hospital corporation.
(1) the county executive; or
(2) three (3) or five (5) persons, at least one (1) of whom must be
a member of the executive, appointed by the executive;
at the option of the executive. Appointees under subdivision (2) must
be resident freeholders of the county who are knowledgeable in
drainage matters. Freeholders appointed to the board serve for terms of
three (3) years, with their initial appointments made so as to provide for
staggering of terms on an annual basis. In addition, the county surveyor
serves on the board as an ex officio, nonvoting member.
(b) In a county having a consolidated city, the board of public works
of the consolidated city comprises the drainage board, subject to
IC 36-3-4-23.
(c) In a county having a consolidated city, the department of public
works of the consolidated city has all the powers, duties, and
responsibilities of the county surveyor under this chapter, subject to
IC 36-3-4-23.
(d) In a county that is subject to IC 36-2-2.5:
(1) the drainage board consists of three (3) persons appointed
by the county council;
(2) appointees under this subsection must be resident
freeholders of the county who are knowledgeable in drainage
matters;
(3) the freeholders appointed to the drainage board serve for
terms of three (3) years, with their initial appointments made
so as to provide for staggering of terms on an annual basis;
(4) the county surveyor serves on the drainage board as an ex
officio, nonvoting member; and
(5) the terms of persons serving on the drainage board at the
time the first chief executive officer is elected under
IC 36-2-2.5 expire on January 1 of the year following that
election, and the county council shall make the appointments
to the board as provided in this subsection.
(b) After December 31, 2012, any reference in this chapter to "township board" is considered a reference to the county fiscal body.
(c) After December 31, 2013, in a county that approves a public question under IC 36-6-1.2:
(1) the powers and duties of a township trustee concerning parks and recreation under this chapter are transferred to the county executive;
(2) any reference in this chapter to "township trustee" or "trustee" is considered a reference to the county executive or the county executive's designee to administer this chapter; and
(3) this chapter does not apply to a township located in the county.
(b) After December 31, 2012, any reference in this chapter to "township board" is considered a reference to the county fiscal body.
(c) After December 31, 2013, in a county that approves a public question under IC 36-6-1.2:
(1) the powers and duties of a township trustee concerning parks and recreation under this chapter are transferred to the county executive;
(2) any reference in this chapter to "township trustee" or "trustee" is considered a reference to the county executive or the county executive's designee to administer this chapter; and
(3) this chapter does not apply to a township located in the county.
(b) After December 31, 2013, in a county that approves a public question under IC 36-6-1.2:
(1) the powers and duties of a township trustee concerning public libraries, library districts, or provision or receipt of library services by contract under this chapter are transferred to the county executive;
(2) any reference in this chapter to "township trustee" or "trustee" is considered a reference to the county executive or the county executive's designee to administer this chapter;
(3) all responsibilities and obligations of a township government with respect to a public library, a library district, or provision or receipt of library services by contract are terminated, and the township government's responsibilities
and obligations are assumed by the county;
(4) the elimination of township government under IC 36-6-1.2
does not terminate a public library, library district, or
contract for provision or receipt of library services in
existence on December 31, 2013; and
(5) this chapter does not apply to a township located in the
county.
(1) One (1) member appointed as follows:
(A) By the legislative body of the township in which the library district is located. This clause expires January 1, 2013.
(B) After December 31, 2012, the member shall be appointed by the legislative body of the county.
(2) One (1) member appointed by the legislative body of the municipality in which the library district is located.
(b) The interim study committee on township assistance is established. The committee shall study:
(1) the base level of township assistance that a township or county should be required to provide; and
(2) changing references to "township assistance" in the Indiana Code to "emergency assistance".
(c) The committee shall operate under the policies governing study committees adopted by the legislative council.
(d) The affirmative votes of a majority of the voting members appointed to the committee are required for the committee to take action on any measure, including final reports.
(e) This SECTION expires December 31, 2013.
act, if necessary.
(b) This SECTION expires July 1, 2013.
