Bill Text: IN HB1357 | 2011 | Regular Session | Engrossed
Bill Title: Local government matters.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2011-04-18 - Senator Kenley removed as second sponsor [HB1357 Detail]
Download: Indiana-2011-HB1357-Engrossed.html
Citations Affected: IC 5-11; IC 6-1.1; IC 6-9; IC 12-20; IC 36-1;
IC 36-1.5; IC 36-4; IC 36-6; IC 36-7.
(SENATE SPONSORS _ LAWSON C, KENLEY)
January 18, 2011, read first time and referred to Committee on Government and Regulatory
Reform.
February 15, 2011, reported _ Do Pass.
February 17, 2011, read second time, ordered engrossed. Engrossed.
February 21, 2011, read third time, passed. Yeas 99, nays 0.
February 22, 2011, read first time and referred to Committee on Local Government.
March 31, 2011, amended, reported favorably _ Do Pass.
Digest Continued
township must have the township's budget, property tax levies and rate reviewed and approved by the county fiscal body; and (2) the county fiscal body may reduce and modify but not increase the budget submitted by the township board in formulating the final proposed township budget, levies, and rate. Requires in formulating an annual township budget for a township in a county other than Marion County, that consideration be given to the ending balance that will remain in each township fund relative to: (1) the budgeted expenditures from the fund; (2) the fund balance that must be maintained by the township due to delayed property tax collections; and (3) the amount of tax anticipation notes or warrants or other obligations incurred by the township due to delayed property tax collections. Provides if the township board or the county fiscal body in a county other than Marion County determines that the ending balance in a township fund is excessive (after considering certain specified factors), the township board shall transfer the excessive amount to the township's levy excess fund. Specifies that for township budgets for 2012 and thereafter in a county other than Marion County, the total amount appropriated for a particular year may not exceed the result of: (1) the total amount appropriated for the previous year; multiplied by (2) the assessed value growth quotient applicable to the township for the particular year. Provides that in a county other than Marion County if: (1) a township board determines after a public hearing that the township cannot carry out its governmental functions for a year under these appropriation limitations; and (2) the county fiscal body approves the appeal; the township board may appeal to the department of local government finance for relief from the appropriation limitations for the year. After December 31, 2012, requires the following with regard to a county other than Marion County: (1) The township board and county fiscal body must consider the township's capital improvement plan with regard to a cumulative building fund or capital improvement fund. (2) The department of local government finance must consider the capital improvement plan when reviewing a township's budget, tax rate, and tax levy. (3) A township may only collect property taxes for a capital improvement fund in a particular year, if the township trustee prepares and the county fiscal body approves a proposed or amended capital improvement plan in the immediately preceding year. Provides that if a township reorganizes with at least one other township, and the resulting new political subdivision is not a city or town, after June 30, 2011, the county fiscal body must approve the budget, property tax levies, and property tax rates of the new political subdivision. Establishes a township assistance planning board (board) in each county other than Marion County to do the following: (1) Prepare a county plan (plan) for creating countywide township assistance standards. (2) Annually review and update the county's township assistance standards. In a county other than Marion County: (1) requires the plan and township assistance standards to be adopted by the county legislative body; and (2) requires the county legislative body to adopt the township's standards for the issuance of township assistance not later than March 31 of each calendar year. Provides that the initial standards must be adopted not later than July 1, 2012, and are effective January 1, 2013. Provides that if the township assistance planning board fails to adopt township standards for the two calendar years preceding the ensuing calendar year, the department of local government finance may not approve the township budget and levy. Requires the office of management and budget to annually prepare a report that includes certain information regarding all townships. Requires the report to be submitted to the executive director of the legislative services agency and to county councils. Specifies that each township office must include the address, phone number, and regular office hours (if any) of the township office in at least one local telephone directory. Requires a public meeting or a public hearing of
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(b) This subsection applies only to a township in a county not having a consolidated city. A report for a township shall be prepared, verified, and filed with the state examiner not later than March 1 of each year. The filing date of a report is the date the report is received by the state examiner and not the date that the
report is processed by the state examiner. The department of local
government finance may not approve the budget or any additional
appropriations of a township in a county not having a consolidated
city that fails to file a report for the preceding fiscal year.
(1) The population of the township.
(2) The budget, property tax levies, and property tax rates adopted by the township 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 office of management and budget or the department of local government finance, a township shall submit the information to the office of management and budget in an electronic format on a schedule established by the office of management and budget.
(c) The office of management and budget 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.
(b) This subsection applies only to a township in a county not having a consolidated city. If a township fails to file a report under this section for the preceding year, the department of local government finance may not approve the budget or any additional appropriations of the township.
to be received from the state or the federal government for:
(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) This subsection applies only to a county not having a
consolidated city. When formulating a proposed annual budget
estimate, the township trustee and the township board shall
consider the following:
(1) The ending balance that will remain in each township fund
relative to:
(A) the budgeted expenditures from the fund;
(B) the fund balance that must be maintained by the
township on account of actual or anticipated delayed
property tax billing, collection, or distribution; and
(C) the amount of tax anticipation notes or warrants or
other obligations incurred by the township on account of
delayed property tax billing, collection, or distribution.
(2) Whether the ending balance remaining in each township
fund is excessive and should be used to reduce property tax
levies. The factors described in subdivision (1) shall be
considered in determining whether an ending balance in a
township fund is excessive. If:
(A) the township board; or
(B) the county fiscal body in reviewing the township budget
and levies under section 20.2 of this chapter;
determines under this subdivision that the ending balance in
a township fund is excessive, the township board shall transfer
the excessive amount to the township's levy excess fund.
(3) After December 31, 2012, with regard to a township
capital improvement fund or cumulative building fund, the
township capital improvement plan prepared under
IC 36-6-10.
(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 and, in the case of a county not having a consolidated city, the county fiscal body 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, before its repeal) 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, before its repeal) 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.
(e) This subsection applies only to a county not having a
consolidated city. Beginning with budgets adopted for 2012 and
thereafter, a township must have the township's budget and
property tax levy reviewed and approved by the county fiscal body
under section 20.2 of this chapter.
(f) This subsection applies only to a county not having a
consolidated city. The following apply to township budgets adopted
for 2012 and thereafter:
(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) The township board may appeal before October 20 of the
current year to the department of local government finance
for relief from the appropriation limitations for the ensuing
year, if:
(A) the township board determines after a public hearing
that the township cannot carry out its governmental
functions for a year under the appropriation limitations
imposed by subdivision (1); and
(B) the appeal is reviewed and approved by the county
fiscal body under the procedures of section 20.2 of this
chapter.
In the appeal, the township board 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 township board 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.
(b) This section applies to a civil taxing unit other than a county. If a civil taxing unit will impose property taxes due and payable in the ensuing calendar year, the civil taxing unit shall file with the fiscal body of the county in which the civil taxing unit is located:
(1) a statement of the proposed or estimated tax rate and tax levy for the civil taxing unit for the ensuing budget year; and
(2) a copy of the civil taxing unit's proposed budget for the ensuing budget year.
(c) In the case of a civil taxing unit located in more than one (1) county, the civil taxing unit shall file the information under subsection (b) with the fiscal body of the county in which the greatest part of the civil taxing unit's net assessed valuation is located.
(d) A civil taxing unit must file the information under subsection (b) at least forty-five (45) days before the civil taxing unit fixes its tax rate and tax levy and adopts its budget under this chapter.
(e) A county fiscal body shall complete the following at least fifteen (15) days before the civil taxing unit fixes its tax rate and tax levy and adopts its budget under this chapter:
(1) Review any proposed or estimated tax rate or tax levy or proposed budget filed by a civil taxing unit with the county fiscal body under this section.
(2) Issue a nonbinding recommendation to a civil taxing unit regarding the civil taxing unit's proposed or estimated tax rate or tax levy or proposed budget.
(f) The recommendation under subsection (e) must include a comparison of any increase in the civil taxing unit's budget or tax levy to:
(1) the average increase in Indiana nonfarm personal income for the preceding six (6) calendar years and the average increase in nonfarm personal income for the county for the preceding six (6) calendar years; and
(2) increases in the budgets and tax levies of other civil taxing units in the county.
(g) The department of local government finance must provide each county fiscal body with the most recent available information concerning increases in Indiana nonfarm personal income and increases in county nonfarm personal income.
(h) If a civil taxing unit fails to file the information required by subsection (b) with the fiscal body of the county in which the civil taxing unit is located by the time prescribed in subsection (d), the most recent annual appropriations and annual tax levy of that civil taxing unit are continued for the ensuing budget year.
(i) If a county fiscal body fails to complete the requirements of subsection (e) before the deadline in subsection (e) for any civil taxing unit subject to this section, the most recent annual appropriations and annual tax levy of the county are continued for the ensuing budget year.
(1) The board of school trustees of a school corporation that is located in a city having a population of more than one hundred five thousand (105,000) but less than one hundred twenty thousand (120,000), not later than:
(A) the time required in section 5.6(b) of this chapter; or
(B) November 1 if a resolution adopted under section 5.6(d) of this chapter is in effect.
(2) The proper officers of all other political subdivisions that are not school corporations, not later than November 1.
(3) The governing body of a school corporation (other than a school corporation described in subdivision (1)) that elects to adopt a budget under section 5.6 of this chapter for budget years
beginning after June 30, 2011, not later than the time required
under section 5.6(b) of this chapter for budget years beginning
after June 30, 2011.
(4) The governing body of a school corporation that is not
described in subdivision (1) or (3), not later than November 1.
Except in a consolidated city and county and in a second class city, the
public hearing required by section 3 of this chapter must be completed
at least ten (10) days before the proper officers of the political
subdivision meet to fix the budget, tax rate, and tax levy. In a
consolidated city and county and in a second class city, that public
hearing, by any committee or by the entire fiscal body, may be held at
any time after introduction of the budget. Beginning with budgets
adopted for 2012 and thereafter, in a county not having a
consolidated city, the county fiscal body shall review and approve
the budget, tax rate, and tax levy for each township in the county
under section 20.2 of this chapter.
(b) Ten (10) or more taxpayers may object to a budget, tax rate, or
tax levy of a political subdivision fixed under subsection (a) by filing
an objection petition with the proper officers of the political
subdivision not more than seven (7) days after the hearing. The
objection petition must specifically identify the provisions of the
budget, tax rate, and tax levy to which the taxpayers object.
(c) If a petition is filed under subsection (b), the fiscal body of the
political subdivision shall adopt with its budget a finding concerning
the objections in the petition and any testimony presented at the
adoption hearing.
(d) This subsection does not apply to a school corporation. Each
year at least two (2) days before the first meeting of the county board
of tax adjustment held under IC 6-1.1-29-4, a political subdivision shall
file with the county auditor:
(1) a statement of the tax rate and levy fixed by the political
subdivision for the ensuing budget year;
(2) two (2) copies of the budget adopted by the political
subdivision for the ensuing budget year; and
(3) two (2) copies of any findings adopted under subsection (c).
Each year the county auditor shall present these items to the county
board of tax adjustment at the board's first meeting under
IC 6-1.1-29-4.
(e) In a consolidated city and county and in a second class city, the
clerk of the fiscal body shall, notwithstanding subsection (d), file the
adopted budget and tax ordinances with the county board of tax
adjustment within two (2) days after the ordinances are signed by the
executive, or within two (2) days after action is taken by the fiscal body
to override a veto of the ordinances, whichever is later.
(f) If a fiscal body does not fix the budget, tax rate, and tax levy of
the political subdivisions for the ensuing budget year as required under
this section, the most recent annual appropriations and annual tax levy
are continued for the ensuing budget year.
(b) Subject to the limitations and requirements prescribed in this section, the department of local government finance may review, revise, reduce, or increase the budget by fund, tax rate, or tax levy of any of the political subdivisions whose tax rates compose the aggregate tax rate within a political subdivision whose budget, tax rate, or tax levy is the subject of an appeal initiated under this chapter.
(c) Except as provided in subsections (j) and (k), before the department of local government finance reviews, revises, reduces, or increases a political subdivision's budget by fund, tax rate, or tax levy under this section, the department must hold a public hearing on the budget, tax rate, and tax levy. The department of local government finance shall hold the hearing in the county in which the political subdivision is located. The department of local government finance may consider the budgets by fund, tax rates, and tax levies of several political subdivisions at the same public hearing. At least five (5) days before the date fixed for a public hearing, the department of local government finance shall give notice of the time and place of the hearing and of the budgets by fund, levies, and tax rates to be considered at the hearing. The department of local government finance shall publish the notice in two (2) newspapers of general circulation published in the county. However, if only one (1) newspaper of general circulation is published in the county, the department of local government finance shall publish the notice in that newspaper.
(d) Except as provided in subsection (i), IC 20-46, or IC 6-1.1-18.5, the department of local government finance may not increase a political subdivision's budget by fund, tax rate, or tax levy to an amount which
exceeds the amount originally fixed by the political subdivision.
However, if the department of local government finance determines
that IC 5-3-1-2.3(b) applies to the tax rate, tax levy, or budget of the
political subdivision, the maximum amount by which the department
may increase the tax rate, tax levy, or budget is the amount originally
fixed by the political subdivision, and not the amount that was
incorrectly published or omitted in the notice described in
IC 5-3-1-2.3(b). The department of local government finance shall give
the political subdivision written notification specifying any revision,
reduction, or increase the department proposes in a political
subdivision's tax levy or tax rate. The political subdivision has ten (10)
calendar days from the date the political subdivision receives the notice
to provide a written response to the department of local government
finance's Indianapolis office. The response may include budget
reductions, reallocation of levies, a revision in the amount of
miscellaneous revenues, and further review of any other item about
which, in the view of the political subdivision, the department is in
error. The department of local government finance shall consider the
adjustments as specified in the political subdivision's response if the
response is provided as required by this subsection and shall deliver a
final decision to the political subdivision.
(e) The department of local government finance may not approve a
levy for lease payments by a city, town, county, library, or school
corporation if the lease payments are payable to a building corporation
for use by the building corporation for debt service on bonds and if:
(1) no bonds of the building corporation are outstanding; or
(2) the building corporation has enough legally available funds on
hand to redeem all outstanding bonds payable from the particular
lease rental levy requested.
(f) The department of local government finance shall certify its
action to:
(1) the county auditor;
(2) the political subdivision if the department acts pursuant to an
appeal initiated by the political subdivision;
(3) the taxpayer that initiated an appeal under section 13 of this
chapter, or, if the appeal was initiated by multiple taxpayers, the
first ten (10) taxpayers whose names appear on the statement filed
to initiate the appeal; and
(4) a taxpayer that owns property that represents at least ten
percent (10%) of the taxable assessed valuation in the political
subdivision.
(g) The following may petition for judicial review of the final
determination of the department of local government finance under
subsection (f):
(1) If the department acts under an appeal initiated by a political
subdivision, the political subdivision.
(2) If the department:
(A) acts under an appeal initiated by one (1) or more taxpayers
under section 13 of this chapter; or
(B) fails to act on the appeal before the department certifies its
action under subsection (f);
a taxpayer who signed the statement filed to initiate the appeal.
(3) If the department acts under an appeal initiated by the county
auditor under section 14 of this chapter, the county auditor.
(4) A taxpayer that owns property that represents at least ten
percent (10%) of the taxable assessed valuation in the political
subdivision.
The petition must be filed in the tax court not more than forty-five (45)
days after the department certifies its action under subsection (f).
(h) The department of local government finance is expressly
directed to complete the duties assigned to it under this section not later
than February 15th of each year for taxes to be collected during that
year.
(i) Subject to the provisions of all applicable statutes, the
department of local government finance may increase a political
subdivision's tax levy to an amount that exceeds the amount originally
fixed by the political subdivision if the increase is:
(1) requested in writing by the officers of the political
subdivision;
(2) either:
(A) based on information first obtained by the political
subdivision after the public hearing under section 3 of this
chapter; or
(B) results from an inadvertent mathematical error made in
determining the levy; and
(3) published by the political subdivision according to a notice
provided by the department.
(j) The department of local government finance shall annually
review the budget by fund of each school corporation not later than
April 1. The department of local government finance shall give the
school corporation written notification specifying any revision,
reduction, or increase the department proposes in the school
corporation's budget by fund. A public hearing is not required in
connection with this review of the budget.
(k) The department of local government finance may hold a hearing under subsection (c) only if the notice required in section 12 of this chapter is published at least ten (10) days before the date of the hearing.
(b) This section applies only to township budgets and property tax levies for 2012 and thereafter.
(c) After a township legislative body has adopted the township's budget under IC 36-6-6-11, the township legislative body must submit the township's budget and property tax levies to the county fiscal body of the county in which the township is located. The county fiscal body shall review the township's budget and property tax levies and adopt a final budget and final property tax levies for the township. The county fiscal body shall consider the matters in section 2(c) of this chapter in reviewing the township's budget and levies. The county fiscal body may reduce or modify but not increase the township's budget and property tax levies. The county shall submit the budget, tax rate, and tax levy in the manner prescribed by the department of local government finance.
(d) The county shall hold the public hearing on its review of the budgets and tax levies of each township. The county shall give notice of the hearing as follows:
(1) The county shall publish notice under IC 5-3-1.
(2) The county shall provide notice by mail to each township trustee and member of the township legislative body. The hearing date must be at least ten (10) days after the date the
notice is mailed.
(b) If the additional appropriation by the political subdivision is made from a fund that receives:
(1) distributions from the motor vehicle highway account established under IC 8-14-1-1 or the local road and street account established under IC 8-14-2-4; or
(2) revenue from property taxes levied under IC 6-1.1;
the political subdivision must report the additional appropriation to the department of local government finance. If the additional appropriation is made from a fund described under this subsection, subsections (f), (g), (h), and (i) apply to the political subdivision.
(c) However, if the additional appropriation is not made from a fund described under subsection (b), subsections (f), (g), (h), and (i) do not apply to the political subdivision. Subsections (f), (g), (h), and (i) do not apply to an additional appropriation made from the cumulative bridge fund if the appropriation meets the requirements under IC 8-16-3-3(c).
(d) A political subdivision may make an additional appropriation without approval of the department of local government finance if the additional appropriation is made from a fund that is not described under subsection (b). However, the fiscal officer of the political subdivision shall report the additional appropriation to the department of local government finance.
(e) After the public hearing, the proper officers of the political subdivision shall file a certified copy of their final proposal and any other relevant information to the department of local government finance.
(f) When the department of local government finance receives a certified copy of a proposal for an additional appropriation under subsection (e), the department shall determine whether sufficient funds are available or will be available for the proposal. The determination shall be made in writing and sent to the political subdivision not more than fifteen (15) days after the department of local government finance receives the proposal.
(g) In making the determination under subsection (f), the department of local government finance shall limit the amount of the additional appropriation to revenues available, or to be made available, which have not been previously appropriated.
(h) If the department of local government finance disapproves an additional appropriation under subsection (f), the department shall specify the reason for its disapproval on the determination sent to the political subdivision.
(i) A political subdivision may request a reconsideration of a determination of the department of local government finance under this section by filing a written request for reconsideration. A request for reconsideration must:
(1) be filed with the department of local government finance within fifteen (15) days of the receipt of the determination by the political subdivision; and
(2) state with reasonable specificity the reason for the request.
The department of local government finance must act on a request for reconsideration within fifteen (15) days of receiving the request.
(j) This subsection applies only in a county not having a consolidated city. In addition to any other requirements under this section, an additional appropriation after December 31, 2011, by a township must be reviewed and approved by the county fiscal body under the procedures of IC 6-1.1-17-20.2.
(b) A convention and visitor bureau having
(c) The executives (as defined by IC 36-1-2-5) of the
(d) The county council shall appoint two (2) members to the bureau. One (1) of the appointees must be a resident of the fifth largest
(e) The county commissioners shall appoint two (2) members to the bureau.
(f) The lieutenant governor shall appoint one (1) member to the bureau.
(g)
(h) In making appointments under this section, the appointing authority shall give sole consideration to individuals who are knowledgeable about or employed as executives or managers in at least one (1) of the following businesses in the county:
(1) Hotel.
(2) Motel.
(3) Restaurant.
(4) Travel.
(5) Transportation.
(6) Convention.
(7) Trade show.
(8) A riverboat licensed under IC 4-33.
(9) Banking.
(10) Real estate.
(11) Construction.
However, an individual employed by a riverboat may not be appointed under this section unless the individual holds a Level 1 occupational license issued under IC 4-33-8. This subsection does not apply to board members appointed before July 1, 2007, who are eligible for reappointment after June 30, 2007.
(i) All terms of office of bureau members begin on July 1. Members of the bureau serve terms of three (3) years. A member whose term expires may be reappointed to serve another term. If a vacancy occurs, the appointing authority shall appoint a qualified person to serve for the
remainder of the term. If an appointment is not made before July 16 or
a vacancy is not filled within thirty (30) days, the member appointed by
the lieutenant governor under subsection (f) shall appoint a qualified
person.
(j) A member of the bureau may be removed for cause by the
member's appointing authority.
(k) Members of the bureau may not receive a salary. However,
bureau members are entitled to reimbursement for necessary expenses
incurred in the performance of their respective duties.
(l) Each bureau member, before entering the member's duties, shall
take an oath of office in the usual form, to be endorsed upon the
member's certificate of appointment and promptly filed with the clerk
of the circuit court of the county.
(m) The bureau shall meet after July 1 each year for the purpose of
organization. The bureau shall elect a chairman from its members. The
bureau shall also elect from its members a vice chairman, a secretary,
and a treasurer. The members serving in those offices shall perform the
duties pertaining to the offices. The first officers chosen shall serve
until their successors are elected and qualified. A majority of the
bureau constitutes a quorum, and the concurrence of a majority of those
present is necessary to authorize any action.
(n) If the county and one (1) or more adjoining counties desire to
establish a joint bureau, the counties shall enter into an agreement
under IC 36-1-7.
(o) Notwithstanding any other law, any bureau member appointed
as of January 1, 2007, is eligible for reappointment.
Chapter 1.5. Township Assistance Planning Board
Sec. 1. This chapter applies only to a county not having a consolidated city.
Sec. 2. As used in this chapter, "board" refers to the township assistance planning board established for a county under section 3 of this chapter.
Sec. 3. (a) A township assistance planning board is established in each county. The members of the board are the trustees of all townships in the county.
(b) One (1) member of the county executive of the county, selected by the county executive, shall serve as chairman of the township planning board and serve as a nonvoting advisory member of the board.
(c) An affirmative vote of a majority of the voting members present is required for the board to take action.
(d) The board shall meet at least once annually and at the call of the chairman.
Sec. 4. (a) The first meeting of the board shall be convened by the chairman not later than January 1, 2012.
(b) Each county fiscal body shall determine, in the manner provided by law, the compensation of the members of the board.
(c) 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. The standards must be adopted by the county legislative body not later than March 31 of each year.
Sec. 6. (a) The chairman of the board shall file with the county auditor not later than December 1 of each year, a statement stating whether the board adopted the county's township standards for the year preceding the ensuing calendar year. The county auditor shall forward the statement to the department of local government finance not later than December 31 each year.
(b) If the planning board fails to adopt township standards for the two (2) years preceding the ensuing year, the department of local government finance may not approve the budget and levy of the township.
Sec. 7. Before July 1, 2012, the board shall adopt a resolution approving standards that meet or exceed the requirements of this article and forward the resolution to the county legislative body for adoption. The standards take effect January 1, 2013.
(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, in a county not having a consolidated city, 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, in a county not having a consolidated city, proposed by the township assistance planning board and adopted by ordinance of the county legislative body;
(4) for standards applicable in a county having a consolidated city, proposed by the township trustee, adopted by the township board, and filed with the board of county commissioners;
(8) for standards applicable after December 31, 2012, in a county not having a consolidated city, posted on the county's 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 who has assisted less than fifty-one (51) households during each
of the two (2) years immediately preceding the date of the township
trustee's annual report under IC 12-20-28-3.
(b) To ensure minimum accessibility, a township trustee operating
a township assistance office in a township with a population of at least
ten thousand (10,000) shall provide scheduled office hours for
township assistance and staff each office with an individual qualified
to:
(1) determine eligibility; and
(2) issue relief sufficient to meet the township assistance needs of
the township.
(c) To meet the requirements of subsection (b), the township trustee
shall do the following:
(1) Provide township assistance office hours for at least fourteen
(14) hours per week.
(2) Provide that there is not more than one (1) weekday between
the days the township assistance office is open.
(3) Provide for after hours access to the township assistance office
by use of an answering machine or a service:
(A) capable of taking messages; and
(B) programmed to provide information about township
assistance office hours.
(4) Respond to a telephone inquiry for township assistance
services not more than twenty-four (24) hours, excluding
Saturdays, Sundays, and legal holidays, after receiving the
inquiry.
(5) (3) Post township assistance office hours and telephone
numbers at the entrance to each township assistance office.
(1) provide for after hours access to the township assistance office by use of an answering machine or a service:
(A) capable of taking messages; and
(B) programmed to provide information about township assistance office hours; and
(2) respond to a telephone inquiry for township assistance services not more than twenty-four (24) hours, excluding Saturdays, Sundays, and legal holidays, after receiving the inquiry.
(b) The county auditor shall post in a prominent place in the county auditor's office a notice, with the name and contact
information for the persons responsible for performing the duties
of the township trustee regarding township assistance, if the
township trustee is unavailable.
(b) A township trustee or, for standards applicable after December 31, 2012, in a county not having a consolidated city, the county legislative body may not consider a Holocaust victim's settlement payment received by an eligible individual when setting income standards under this section.
(b) The actions that a trustee may take on a completed 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.
(c) A decision pending determination under subsection (b)(3):
(1) may not remain pending for more than seventy-two (72) hours after the expiration of the period described in subsection (a); and
(2) must include a statement listing the specific reasons that assistance is not granted or denied within the period required under subsection (a).
(d) If a 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) is not satisfied with the decision of the township trustee, as administrator of township assistance; or
(2) has had an application denied under IC 12-20-6-7(d);
the applicant or recipient may appeal to the board of commissioners.
(1) of issuance by the township trustee of adequate written notice of the denial of township assistance as provided by IC 12-20-6-8; or
(2) the application is denied under IC 12-20-6-7(d).
An appeal must be made in writing or orally as required by the board of commissioners.
(1) review and consider any report or investigative documents the trustee prepared before making the appealed decision; and
(2) be governed by the township's or (after December 31, 2012) in a county not having a consolidated city, the county's township assistance standards for determining eligibility to the extent that the standards comply with existing law for the granting of township assistance. If no legally sufficient standards have been established, the board of commissioners and the hearing officer shall be guided by the circumstances in each case.
(b) The board of commissioners shall remand a case to a trustee for further proceedings if:
(1) new evidence was presented by the applicant to the board of commissioners; and
(2) the board of commissioners determines that the new evidence presented would have made the individual eligible for assistance.
(c) If a case is remanded to a trustee, the trustee shall issue a new determination of eligibility not later than seventy-two (72) hours after receiving the written decision remanding the case, excluding weekends and legal holidays listed in IC 1-1-9.
(b) In hearing an appeal, the court shall be governed by the township's or (after December 31, 2012) in a county not having a consolidated city, the county's township assistance standards for determining eligibility for granting township assistance in the township. If legally sufficient standards have not been established, the court shall be guided by the circumstances of the case.
(b) The amount of a food order for various sized households that are determined by the trustee to be eligible for township assistance shall be based upon uniform monthly amounts specified in the township's or (after December 31, 2012) in a county not having a consolidated city, the county's township assistance standards. However, an additional amount of food may be ordered for special health reasons as prescribed by a physician. A supplemental food order may be issued because of the loss of the recipient's food by:
(1) fire, flood, or other natural disaster;
(2) burglary or other criminal act; or
(3) the unpreventable spoilage of food.
(c) The trustee may issue a food order to an eligible applicant on either a daily, weekly, or monthly basis.
(b) If:
(1) an individual dies in a township without leaving:
(A) money;
(B) real or personal property;
(C) other assets that may be liquidated; or
(D) other means necessary to defray funeral expenses; and
(2) the individual is not a resident of another township in Indiana;
the township trustee, as administrator of township assistance, shall provide a person to superintend and authorize either the funeral and burial or cremation of the deceased individual. If the township trustee determines that the deceased individual is a resident of another township in Indiana, the township trustee shall notify the trustee of that township, who shall then provide a person to superintend and authorize either the funeral and burial or cremation of the deceased individual.
(c) The necessary and reasonable expenses of the funeral and burial or cremation, including a burial plot, shall be paid in the same manner as other claims for township assistance. A trustee shall determine the cost for the items and services required by law for the funeral and burial of an individual, including a burial plot, and for the cremation of an individual, and include in the township's or (after December 31, 2012) in a county not having a consolidated city, the county's township assistance standards the maximum funeral and burial or cremation amount to be paid from township assistance funds. The trustee may deduct from the maximum amount the following:
(1) Any monetary benefits that the deceased individual is entitled to receive from a state or federal program.
(2) Any money that another person provides on behalf of the deceased individual.
(d) If an individual described in subsection (b) is a resident of a state institution at the time of the individual's death, the division that has administrative control of the state institution shall reimburse the township trustee for the necessary and reasonable expenses of the funeral and burial or cremation of the deceased individual. The township trustee shall submit to the division that has administrative control of the state institution an itemized claim for reimbursement of the necessary and reasonable funeral and burial or cremation expenses incurred by the township trustee.
(e) If an individual described in subsection (b) is a resident of a special institution governed by IC 16-33 at the time of the individual's death, the state department of health shall reimburse the township trustee for the necessary and reasonable expenses of the funeral and burial or cremation of the deceased individual. The township trustee shall submit to the state department of health an itemized claim for reimbursement of the necessary and reasonable funeral and burial or cremation expenses incurred by the township trustee.
(f) A township trustee who provides funeral and burial or cremation benefits to a deceased individual is entitled to a first priority claim, to the extent of the cost of the funeral and burial or cremation benefits paid by the township trustee, against any money or other personal property held by the coroner under IC 36-2-14-11.
(g) The township trustee may not cremate a deceased individual if:
(1) the deceased individual; or
(2) a surviving family member of the deceased individual;
has objected in writing to cremation.
(h) If a township trustee provides a funeral under this section, the cost of the funeral may not be more than the cost of the least expensive funeral, including any necessary merchandise and embalming, available from the funeral director under the funeral director's price list disclosed to the Federal Trade Commission.
(b) Each township office must include the address, phone number, and regular office hours (if any) of the township office in at least one (1) local telephone directory.
(c) A public meeting or a public hearing of a township official or governing body must be held in a public place.
Chapter 20. Applicability of Provisions to Townships Participating in a Reorganization
Sec. 1. This chapter applies to a township participating in a reorganization under IC 36-1.5.
Sec. 2. If a reorganization is not completed by June 30, 2011, the following provisions apply to a township described in section 1 of this chapter:
(1) IC 5-11-1-4(b).
(2) IC 5-11-1-27.
(3) IC 5-11-13-1(b).
(4) IC 6-1.1-17-2(c).
(5) IC 6-1.1-17-3(e) and IC 6-1.1-17-3(f).
(6) IC 6-1.1-17-3.5(a).
(7) IC 6-1.1-17-16(a).
(8) IC 6-1.1-17-16.2.
(9) IC 6-1.1-17-20.2.
(10) IC 6-1.1-18-5(j).
(11) IC 12-20-1.5.
(12) IC 12-20-5.5-1.
(13) IC 12-20-5.5-2.
(14) IC 12-20-5.5-4.
(15) IC 12-20-5.5-4.1.
(16) IC 12-20-5.5-5.
(17) IC 12-20-5.5-6.
(18) IC 12-20-6-7(d).
(19) IC 12-20-15-1.
(20) IC 12-20-15-2.
(21) IC 12-20-15-4.
(22) IC 12-20-15-8.
(23) IC 12-20-16-5.
(24) IC 12-20-16-12.
(25) IC 36-1-8-17.
(26) IC 36-6-4-12(c).
(27) IC 36-6-6-9(f).
(28) IC 36-6-6-10(i).
(29) IC 36-6-6-11(h).
(30) IC 36-6-6-16.
(31) IC 36-6-6-17.
(32) IC 36-6-10.
Sec. 3. This chapter does not affect or prohibit:
(1) the reorganization described in section 1 of this chapter from continuing; or
(2) the township or townships described in section 1 of this chapter from reorganizing under IC 36-1.5.
(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 June 30, 2011, the county fiscal body shall review and
approve the budget, tax rate, and tax levy of the new political
subdivision under IC 6-1.1-17-20.2.
(1) proposes a reorganization;
(2) names the political subdivisions that would be reorganized in the proposed reorganization; and
(3) only in the case of a proposed reorganization described in section 1(a)(9) of this chapter, states whether the vote on the public question regarding the reorganization shall be:
(A) conducted on a countywide basis under section 30(b) of this chapter, without a rejection threshold; or
(B) conducted on a countywide basis under section 30(b) of this chapter, with a rejection threshold.
(b) A resolution adopted under this section must fix the date of the election on the public question concerning the proposed reorganization.
(1) proposes a reorganization;
(2) names the political subdivisions that would be reorganized in the proposed reorganization; and
(3) sets forth the date of the election on the public question concerning the proposed reorganization.
(b) If the written petition is signed by at least five percent (5%) of the voters of the political subdivision, as determined by the vote cast in the political subdivision for secretary of state at the most recent general election, the clerk of the political subdivision shall certify the petition to the legislative body of the political subdivision.
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 18. (a) A reorganization
committee shall prepare a comprehensive plan of reorganization for the
reorganizing political subdivisions. The plan of reorganization governs
the actions, duties, and powers of the reorganized political subdivision
that are not specified by law.
(b) The plan of reorganization must include at least the following:
(1) The name and a description of the reorganized political
subdivision that will succeed the reorganizing political
subdivisions.
(2) A description of the boundaries of the reorganized political
subdivision.
(3) Subject to section 40 of this chapter, a description of the
taxing areas in which taxes to retire obligations of the
reorganizing political subdivisions will be imposed.
(4) A description of the membership of the legislative body, fiscal
body, and executive of the reorganized political subdivision, a
description of the election districts or appointment districts from
which officers will be elected or appointed, and the manner in
which the membership of each elected or appointed office will be
elected or appointed.
(5) A description of the services to be offered by the reorganized
political subdivision and the service areas in which the services
will be offered.
(6) The disposition of the personnel, the agreements, the assets,
and, subject to section 40 of this chapter, the liabilities of the
reorganizing political subdivisions, including the terms and
conditions upon which the transfer of property and personnel will
be achieved.
(7) Any other matter that the:
(A) reorganization committee determines to be necessary or
appropriate; or
(B) legislative bodies of the reorganizing political subdivisions
require the reorganization committee;
to include in the plan of reorganization.
(8) In the case of a reorganization described in section 1(a)(9) of
this chapter, if the legislative bodies of the reorganizing political
subdivisions have specified that the vote on the public question
regarding the reorganization shall be conducted on a countywide
basis under section 30(b) of this chapter with a rejection
threshold, the reorganization committee shall include in the
reorganization plan a rejection threshold, specified as a
percentage, that applies for purposes of section 32(b) of this
chapter. The rejection threshold must be the same for each
municipality that is a party to the proposed reorganization and to
the county that is a party to the proposed reorganization.
(9) In the case of a reorganization described in section 1(a)(9) of
this chapter, the reorganization committee shall determine and
include in the reorganization plan the percentage of voters voting
on the public question regarding the proposed reorganization who
must vote, on a countywide basis, in favor of the proposed
reorganization for the public question to be approved. This
percentage is referred to in this chapter as the "countywide vote
approval percentage". The countywide vote approval percentage
must be greater than fifty percent (50%).
(10) The statement fiscal impact analysis required by subsection
(e).
(c) In the case of a reorganization described in section 1(a)(9) of this
chapter, the reorganization committee may not change the decision of
the legislative bodies of the reorganizing political subdivisions
regarding whether the vote on the public question regarding the
reorganization shall be conducted on a countywide basis without a
rejection threshold or with a rejection threshold.
(d) Upon completion of the plan of reorganization, the
reorganization committee shall present the plan of reorganization to the
legislative body of each of the reorganizing political subdivisions for
adoption. The initial plan of reorganization must be submitted to the
legislative body of each of the reorganizing political subdivisions not
later than one (1) year after the clerk of the last political subdivision
that adopts a reorganization resolution under this chapter has certified
the resolution to all of the political subdivisions named in the
resolution. In the case of a plan of reorganization submitted to a
political subdivision by a reorganization committee after June 30, 2010,
the political subdivision shall post a copy of the plan of reorganization
on an Internet web site maintained or authorized by the political
subdivision not more than thirty (30) days after receiving the plan of
reorganization from the reorganization committee. If the plan of
reorganization is amended, the political subdivision shall post the
amended plan on the Internet web site maintained or authorized by
the political subdivision within seven (7) days after the amended
plan is adopted.
(e) A reorganization committee must include in the plan of
reorganization submitted to a political subdivision after June 30, 2010,
2011, a statement of: fiscal impact analysis of the proposed
reorganization. The fiscal impact analysis must include at least the
following:
(1) whether a fiscal impact analysis concerning the proposed
reorganization has been prepared or has not been prepared by or
on behalf of the reorganization committee; and
(2) whether a fiscal impact analysis concerning the proposed
reorganization has been made available or has not been made
available to the public by or on behalf of the reorganization
committee.
(1) The estimated effect of the proposed reorganization on
taxpayers in each of the political subdivisions to which the
proposed reorganization applies, including the expected tax
rates, tax levies, expenditure levels, service levels, and annual
debt service payments in those political subdivisions.
(2) A description of the planned services to be provided in the
reorganized political subdivision, and the method or methods
of financing the planned services. The fiscal impact analysis
must:
(A) present itemized estimated costs for each department
or agency of the reorganized political subdivision; and
(B) explain how specific and detailed expenses will be
funded from taxes, fees, grants, and other funding.
(3) A description of the capital improvements to be provided
in the reorganized political subdivision, and the method or
methods of financing those capital improvements.
(f) A reorganization committee must submit the fiscal impact
analysis described in subsection (e) to the department of local
government finance at least six (6) months before the election in
which the public question will be on the ballot. A legislative body
of a reorganizing political subdivision may not adopt a plan of
reorganization unless the reorganization committee has submitted
the fiscal impact analysis to the department of local government
finance as required by this subsection. The department of local
government finance must do the following within a reasonable
period of time, but not later than thirty (30) days before the date
of the election in which the public question will be on the ballot:
(1) Review the fiscal impact analysis.
(2) Make any comments concerning the fiscal impact analysis
that the department considers appropriate.
(3) Provide the department's comments under subdivision (2)
to the legislative body of the reorganizing political
subdivisions.
(4) Post the department's comments under subdivision (2) on
the department's Internet web site.
The department of local government finance shall certify to the
reorganization committee the total amount of expense incurred by
the department in carrying out the department's review and
preparing the department's comments. Upon receipt of the
department's certification of the expenses, the reorganizing
political subdivisions shall immediately pay to the treasurer of
state the amount charged. The share of the cost to be paid by each
reorganizing political subdivision shall be determined by the
reorganization committee. Money paid by a reorganizing political
subdivision under this subsection shall be deposited in the state
general fund.
(b) If a regularly scheduled general election or municipal election (excluding any primary elections) will not be held in all of the precincts of the reorganizing political subdivisions during the first year in which the public question is eligible to be placed on the ballot under this section and if the reorganizing political subdivisions request the public question to be placed on the ballot at a special election, the public question shall be placed on the ballot at a special election to be held on the first Tuesday after the first Monday in November of the year. The certification must occur not later than noon on August 1. However, a special election may be held under this subsection only if the reorganizing political subdivisions agree to pay the costs of holding the special election. The county election board shall give notice under IC 5-3-1 of a special election conducted under this subsection. A special election conducted under this subsection is under the direction of the county election board. The county election board shall take all
steps necessary to carry out the special election.
(1) Except as provided in subdivision (2), the vote of voters of a reorganizing political subdivision
(2) In the case of a proposed reorganization between a township and municipality that is not entirely located with the township:
(A) the voters who reside within the municipality and do not also reside within the township:
(i) shall be included only in the tally of votes for the municipality; and
(ii) shall not be included in the tally of votes for the township; and
(B) the voters who reside within the township and also reside within the municipality:
(i) shall be included only in the tally of votes for the township; and
(ii) shall not be included in the tally of votes for the municipality.
(b) This subsection applies only to a reorganization described in section 1(a)(9) of this chapter. The reorganization is approved only if:
(1) the percentage of voters voting on the public question who vote, on a countywide basis, in favor of the proposed reorganization is at least equal to the countywide vote approval percentage specified in the final reorganization plan;
(2) if the legislative bodies of the reorganizing political subdivisions have agreed that the vote on the public question shall
be conducted with a rejection threshold, the percentage of voters
of the county (excluding the voters of the reorganizing
municipalities) voting on the public question who vote against the
reorganization is less than the rejection threshold included in the
final reorganization plan; and
(3) if the legislative bodies of the reorganizing political
subdivisions have agreed that the vote on the public question shall
be conducted with a rejection threshold, the percentage of voters
of each reorganizing municipality voting on the public question
who vote against the reorganization is less than the rejection
threshold included in the final reorganization plan.
If the reorganization is not approved, the reorganization is terminated.
If the legislative bodies of the reorganizing political subdivisions have
agreed that the vote in the public question shall be conducted with a
rejection threshold, then in tabulating the votes under subdivisions (2)
and (3), the vote of voters of a reorganizing municipality who also are
voters in the county shall be included only in the tally of votes for the
municipality in which the voters reside.
(1) two (2) or more townships; and
(2) at least one (1) municipality;
that have reorganized under IC 36-1.5 may exercise park and recreation powers under IC 36-10 if the reorganized political subdivision's plan of reorganization authorizes the reorganized political subdivision to exercise those powers.
(b) If a reorganized political subdivision's plan of reorganization authorizes the reorganized political subdivision to exercise park and recreation powers under IC 36-10, the reorganized political subdivision may establish a park and recreation board.
(c) A park and recreation board established by a reorganized political subdivision under this section:
(1) shall exercise park and recreation functions within the reorganized political subdivision; and
(2) has the powers and duties of both a municipal park and recreation board and a township park and recreation board under IC 36-10.
(d) A reorganized political subdivision may by resolution or in the reorganized political subdivision's plan of reorganization determine:
(1) the number of members to be appointed to the reorganized political subdivision's park and recreation board;
(2) the person or entity that shall appoint or remove those members;
(3) any required qualifications for those members; and
(4) the terms of those members.
(b) A political subdivision may not take any of the following actions partially or wholly within a reorganizing political subdivision after the date a plan of reorganization is finally adopted by all reorganizing political subdivisions unless all reorganizing political subdivisions agree by adopting identical resolutions:
(1) Initiate an annexation of territory within the township.
(2) Establish a fire protection territory or fire protection district.
(3) Extend water, sewer, or any other infrastructure to the political subdivision.
(4) Expand zoning jurisdiction under IC 36-7-4-205.
(c) This chapter does not prohibit:
(1) a political subdivision subject to the reorganization from taking an action under subsection (b) within the political subdivision's own boundaries; and
(2) any of the reorganizing political subdivisions taking an action under subsection (b) for the purpose of implementing the plan of reorganization.
(d) A political subdivision may take an action described in subsection (b) after the date the reorganization is rejected by the voters under section 33 of this chapter.
(e) If a reorganization is approved by the voters under section 34 of this chapter, a political subdivision may not take an action under subsection (b) until the earlier of the following:
(1) The plan of reorganization has been implemented.
(2) One (1) year after the date the reorganization is approved under section 34 of this chapter.
SECTION 34, AND AS AMENDED BY P.L.81-2004, SECTION 46,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except as provided in
section 1.5 of this chapter, municipalities are classified according to
their status and population as follows:
STATUS AND POPULATION CLASS
Cities of 500,000 600,000 or more First class cities
Cities of 35,000 to 499,999 599,999 Second class cities
Cities of less than 35,000 Third class cities
Other municipalities of any
population Towns
(b) Except as provided in subsection (c), a city that attains a
population of thirty-five thousand (35,000) remains a second class city
even though its population decreases to less than thirty-five thousand
(35,000) at the next federal decennial census.
(c) The legislative body of a city to which subsection (b) applies
may, by ordinance, adopt third class city status.
(1) be classified and described as set forth in the reorganization plan adopted under IC 36-1.5-4; and
(2) maintain characteristics of any of the reorganizing political subdivisions.
(1) The town legislative body must adopt a resolution submitting to the town's voters the question of whether the town should be changed into a city. The town legislative body shall adopt a resolution described in this subdivision if at least the number of registered voters of the town equal to ten percent (10%) of the total votes cast in the town at the last election for secretary of state sign a petition requesting the town legislative body to adopt such a resolution. In determining the number of signatures required under this subdivision, any fraction that exceeds a whole number shall be disregarded.
(2) The town legislative body must adopt the resolution under
subdivision (1) not later than thirty (30) days after the date a
petition having a sufficient number of signatures is filed. A
resolution adopted under subdivision (1) must fix the date for an
election on the question of whether the town should be changed
into a city as follows:
(A) If the election is to be on the same date as a general
election or municipal election:
(i) the resolution must state that fact and be certified in
accordance with IC 3-10-9-3; and
(ii) the election must be held on the date of the next
general election or municipal election, whichever is
earlier, at which the question can be placed on the ballot
under IC 3-10-9-3.
(B) If the election is to be a special election, the date must be:
(A) (i) not less than thirty (30) and (B) not more than sixty
(60) days after the notice of the election; and
(ii) not later than the next general election or municipal
election, whichever is earlier, at which the question can
be placed on the ballot under IC 3-10-9-3.
If the election is to be on the same date as a general election the
resolution must state that fact and be certified in accordance with
IC 3-10-9-3.
(3) The town legislative body shall file a copy of the resolution
adopted under subdivision (1) with the circuit court clerk of each
county in which the town is located. The circuit court clerk shall
immediately certify the resolution to the county election board.
(4) The county election board shall give notice of the election in
the manner prescribed by IC 3-8-2-19. IC 3-10-6 applies to the
election.
(5) The question described in subdivision (1) shall be placed on
the ballot in the form prescribed by IC 3-10-9-4. The text of the
question shall be: "Shall the town of _________ change into a
city?".
(6) If a majority of the voters voting on the question described in
subdivision (1) vote "yes", the town is changed into a city as
provided in this chapter. If a majority of the voters voting on the
question vote "no", the town remains a town.
(b) This subsection applies only to a town in which:
(1) a petition meeting the requirements of subsection (a)(1) is
filed with the town legislative body before July 1, 2011; and
(2) an election has not been held under subsection (a) as a
result of the petition.
Not later than July 15, 2011, the town legislative body shall adopt
and file a resolution with the circuit court clerk as set forth in
subsection (a). The resolution must fix the date for an election on
the question of whether the town should be changed into a city as
the date of the municipal general election in November 2011. A
resolution adopted by the town legislative body in accordance with
this subsection voids any previous resolutions adopted by the town
legislative body as a result of the petition described in subdivision
(1).
(b) If a resolution is adopted under section 2 of this chapter, the town legislative body shall adopt an ordinance providing for the transition from governance as a town to governance as a city. The ordinance adopted under this section must include the following details:
(1) A division of the town into city legislative body districts as provided in the applicable provisions of IC 36-4-6.
(2) Provisions for the election of the following officers:
(A) The city executive.
(B) The members of the city legislative body.
(C) The city clerk or city clerk-treasurer as appropriate under IC 36-4-10.
(3) The date of the first election of the city officers. The first election may be held only on the date of
(A) at the corresponding primary election during a general election year or a municipal election year; or
(B) as otherwise provided in IC 3.
(4) Subject to section 4 of this chapter, the term of office of each city officer elected at the first election of city officers.
(5) Any other details the town legislative body considers useful in providing for the transition of the town into a city.
(c) An ordinance adopted under this section is effective only if the
voters of the town approve the conversion of the town into a city under
section 2(6) of this chapter.
(d) The provisions of an ordinance adopted under this section are
subject to all other laws governing the structure of city government.
(e) Subject to this chapter, the town legislative body or the city
legislative body (after the town is changed into a city) may amend an
ordinance adopted under this section.
(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) This subsection applies only to a township in a county not having a consolidated city. 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.
(1) the report shows all sums received by
(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.
(b) The legislative body may send for persons, books, and papers necessary in the examination of the report. A member may administer oaths necessary in the examination of the report.
(c) Any sum in the control of the executive that remains unexpended and is subject to no liability shall be credited in favor of the fund for which it was appropriated.
(d) Any fund expended, in whole or in part, for a purpose for which it was not appropriated shall be considered unexpended and in the control of the executive, who is liable on
(e) When its examination of the report is completed, the legislative body shall take action on the report, specifying the parts of the report that are altered or disallowed. The report remains under the control of the legislative body and in custody of its chairman, who shall keep it open to inspection by taxpayers of the township.
(f) This subsection applies only to a township in a county not having a consolidated city. The annual report must be filed with the state board of accounts under IC 5-11-1-4 not later than March 1 of each year.
assessor.
(b) The township legislative body shall fix the:
(1) salaries;
(2) wages;
(3) rates of hourly pay; and
(4) remuneration other than statutory allowances;
of all officers and employees of the township.
(c) Subject to subsection (d), the township legislative body may
reduce the salary of an elected or appointed official. However, except
as provided in subsection subsections (h) and (i), the official is entitled
to a salary that is not less than the salary fixed for the first year of the
term of office that immediately preceded the current term of office.
(d) Except as provided in subsection (h), the township legislative
body may not alter the salaries of elected or appointed officers during
the fiscal year for which they are fixed, but it may add or eliminate any
other position and change the salary of any other employee, if the
necessary funds and appropriations are available.
(e) If a change in the mileage allowance paid to state officers and
employees is established by July 1 of any year, that change shall be
included in the compensation fixed for the township executive and
assessor under this section, to take effect January 1 of the next year.
However, the township legislative body may by ordinance provide for
the change in the sum per mile to take effect before January 1 of the
next year.
(f) The township legislative body may not reduce the salary of the
township executive without the consent of the township executive
during the term of office of the township executive as set forth in
IC 36-6-4-2.
(g) This subsection applies when a township executive dies or
resigns from office. The person filling the vacancy of the township
executive shall receive at least the same salary the previous township
executive received for the remainder of the unexpired term of office of
the township executive (as set forth in IC 36-6-4-2), unless the person
consents to a reduction in salary.
(h) In a year in which there is not an election of members to the
township legislative body, the township legislative body may by
unanimous vote reduce the salaries of the members of the township
legislative body by any amount.
(i) This subsection applies only to a township in a county not
having a consolidated city. After December 31, 2011, the total
compensation and benefits provided or paid to a township board
member may not exceed two thousand dollars ($2,000) per year,
including:
(1) salary;
(2) per diem;
(3) use of a township vehicle;
(4) mileage or vehicle allowance;
(5) health, vision, and dental insurance; and
(6) any other:
(A) amount paid to a township board member; or
(B) benefit provided to a township board member;
to compensate the township board member for services
provided as a public officer.
A township board member may not receive per diem that exceeds
one hundred dollars ($100) for each day the board member is
engaged in board activities. Notwithstanding subsection (h), if
necessary in order to comply with this subsection, a township
legislative body shall vote in 2011 to reduce the salaries of the
members of the township legislative body effective January 1, 2012.
The salary reduction shall be made by a majority vote of the
township legislative body.
(b) The legislative body shall consider the estimates of expenditures made by the executive under IC 36-6-4-11, and may approve or reject all or part of any estimate or any item within an estimate. The legislative body may require the executive to further itemize an estimate not sufficiently itemized.
(c) The legislative body may not appropriate for any purpose an amount more than the executive's estimate of the amount required for that purpose.
(d) The legislative body shall include in the budget:
(1) provisions for the payment of existing debt of the township as it becomes due; and
(2) the salaries fixed under section 10 of this chapter.
(e) In making levies for the township general fund, the legislative body may include an amount not more than the amount necessary to compensate its members for their services during the year for which the levies are made.
(f) After the legislative body has taken action on the executive's estimates, it shall levy taxes for the township funds on property in the township and fix rates of taxation sufficient to provide that revenue
during the next year.
(g) On the assessment date, as defined by IC 6-1.1-1-2, the rates of
taxation adopted under this section become a levy and a lien on all
taxable property in the township, including property in municipalities
in the township. The levy constitutes an appropriation for the specific
items in the executive's estimates.
(h) This subsection does not apply in a county having a
consolidated city. In addition to any other requirements, the
budget and property tax levies for 2012 and thereafter of a
township must be reviewed and approved by the county fiscal body
as provided in IC 6-1.1-17-20.2.
(b) Except as provided in subsection (c) and section 17 of this chapter, a township legislative body may allow a claim:
(1) only at a meeting of the township legislative body; and
(2) only if the claim was filed in the manner prescribed by IC 5-11-10-2 at least five (5) days before the meeting.
(c) The township trustee may pay township assistance claims under IC 12-20 in advance of township legislative body allowance without written approval of the township legislative body under section 17 of this chapter. The township legislative body shall review and allow the claim at its next regular or special meeting following the preapproved payment of the claim.
(b) A township legislative body may adopt a resolution allowing money to be disbursed for lawful township purposes under this section.
(c) Notwithstanding IC 5-11-10, with the prior written approval of the township legislative body, the township trustee may make claim payments in advance of township legislative body allowance for the following kinds of expenses if the township legislative body has adopted a resolution under subsection (b):
(1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions.
(2) License or permit fees.
(3) Insurance premiums.
(4) Utility payments or utility connection charges.
(5) General grant programs where advance funding is not prohibited and the contracting party posts sufficient security to cover the amount advanced.
(6) Grants of state funds authorized by statute.
(7) Maintenance or service agreements.
(8) Leases or rental agreements.
(9) Bond or coupon payments.
(10) Payroll.
(11) State, federal, or county taxes.
(12) Expenses that must be paid because of emergency circumstances.
(13) Expenses described in a resolution.
(d) Each payment of expenses under this section must be supported by a fully itemized invoice or bill and certification by the township trustee.
(e) The township legislative body shall review and allow the claim at its next regular or special meeting following the preapproved payment of the expense.
Chapter 10. Township Capital Improvement Plan
Sec. 1. This chapter applies after December 31, 2012, in a county not having a consolidated city.
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 township trustee and township board in making the annual budget estimate under IC 6-1.1-17-2;
(2) the county fiscal body in approving the township budget under IC 6-1.1-17-2; and
(3) 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.
(b) A unit consisting of:
(1) two (2) or more townships; and
(2) at least one (1) municipality;
that have reorganized under IC 36-1.5 may exercise planning and zoning power under IC 36-7-4 if the unit's plan of reorganization under IC 36-1.5 authorizes the unit to exercise planning and zoning powers.
(b) ADVISORY. If an advisory plan commission is established under this section by a unit described in IC 36-7-2-1(b) and the unit adopts a comprehensive plan under this chapter:
(1) the advisory plan commission of the unit shall exercise the planning and zoning functions within the unit;
(2) the advisory plan commission unit may not exercise planning and zoning functions within a municipality that has established a plan commission under this chapter (other than a municipality that participated in the reorganization of the unit under IC 36-1.5);
(3) a county plan commission may not exercise planning and zoning functions within the unit; and
(4) except as provided in subdivision (2), a municipal plan commission of a municipality (other than a municipality that participated in the reorganization of the unit under IC 36-1.5) may not exercise planning and zoning functions within the unit.
Notwithstanding any other law, if a municipality (other than a municipality that participated in the reorganization of the unit under IC 36-1.5) annexes territory within a unit described in IC 36-7-2-1(b) after the unit has established an advisory plan commission under this section, the municipal plan commission of that municipality may not exercise planning and zoning functions
within that annexed territory.
(c) ADVISORY. Except as specifically provided in this chapter,
an advisory plan commission established under this section by a
unit described in IC 36-7-2-1(b) shall exercise the planning and
zoning functions within the unit in the same manner that a
municipal plan commission established under this chapter
exercises planning and zoning functions for a municipality.
(d) ADVISORY. Notwithstanding any other provision, if an
advisory plan commission is established under this section by a unit
described in IC 36-7-2-1(b), the legislative body of the unit shall by
resolution or in the unit's plan of reorganization under IC 36-1.5
determine:
(1) the number of members to be appointed to the unit's
advisory plan commission;
(2) the person or entity that shall appoint or remove those
members;
(3) any required qualifications for those members;
(4) the terms of those members; and
(5) whether any members or advisory members shall be
appointed by the county in which the unit is located or by a
municipality located within the unit.
(b) A board of zoning appeals established under this section:
(1) shall exercise its powers and duties under this chapter within the unit in the same manner that a municipal board of zoning appeals established under this chapter exercises powers and duties under this chapter for a municipality; and
(2) may not exercise its powers and duties under this chapter within a municipality that has established a plan commission under this chapter (other than a municipality that participated in the reorganization of the unit under IC 36-1.5).
(c) Notwithstanding any other law, if the legislative body of a unit described in IC 36-7-2-1(b) establishes a board of zoning appeals under this section, the legislative body of the unit shall by resolution determine:
(1) the number of members to be appointed to the unit's board of zoning appeals;
(2) the person or entity that shall appoint or remove those members;
(3) any required qualifications for those members; and
(4) the terms of those members.
