Bill Text: IN HB1376 | 2011 | Regular Session | Introduced
Bill Title: Local government.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Government and Regulatory Reform [HB1376 Detail]
Download: Indiana-2011-HB1376-Introduced.html
Citations Affected: IC 3-5-2; IC 3-10; IC 3-11; IC 5-22-22-12;
IC 6-1.1; IC 6-3.5-6-18.5; IC 12-20-1; IC 13-11-2-86; IC 13-25-6;
IC 15-16; IC 16-41-19-7; IC 20-23-3-1.5; IC 22-11-14;
IC 22-12-1-18.7; IC 23-14; IC 32-26; IC 33-34; IC 34-30-2-58;
IC 36-1; IC 36-2-2-14.5; IC 36-3; IC 36-6; IC 36-8; IC 36-9-17.5-1;
IC 36-10; IC 36-12-1-7.5.
Effective: Upon passage; July 1, 2011; January 1, 2012.
January 18, 2011, read first time and referred to Committee on Government and Regulatory
Reform.
Digest Continued
Digest Continued
after 2004 may not have the individual's merit rank reduced below the
merit rank held by the individual on January 1, 2005, as a firefighter
employed by a township fire department. Provides that in the case of
an individual who becomes a firefighter employed by the metropolitan
fire department through the consolidation of township fire protection
services: (1) the time served by such an individual as a firefighter with
the metropolitan fire department shall also include the total time served
by the individual as a firefighter with the township department in which
the individual was serving at the time of the consolidation; and (2) the
hire date of such an individual is the date on which the individual was
hired as a firefighter by the township department in which the
individual was serving at the time of the consolidation. Specifies that
after December 31, 2011, salaries of small claims court judges: (1)
shall be established by ordinance of the city-county council; and (2)
shall be paid by the county in the same installments as judges of the
superior court in the county. Provides that if any funds remain after the
payment of expenses of operating the small claims court, the remaining
funds may be used to fund public safety programs in the county as
determined by the city-county council. Provides that the venue of any
claim filed in a small claims court after December 31, 2011, that is
related to real estate must be in the township where the real estate is
located. (Under current law, any claim between a landlord and tenant
filed in a small claims court must be in the township where the real
estate is located.) Provides that after a township government is
abolished, the township's distributive share of any state or local taxes
or revenues is transferred to the county. Specifies that if the assessed
valuation of a taxing unit with an unelected governing body was
originally established by the excluded city or town in Marion County,
the governing body of the taxing unit shall submit its proposed
operating and maintenance budget and tax levies to the city or town
fiscal body (rather than to the city-county legislative body) for
approval. (Current law provides for approval by the excluded city or
town fiscal body only if the taxing unit's assessed valuation is entirely
contained within the excluded city or town.) Makes conforming
amendments.
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 not having a consolidated city;
(2) mayor of the consolidated city, for a county having a consolidated city;
(3) mayor, for a city;
(4) president of the town council, for a town; or
(5)
(A) Except as provided in clause (B) or (C), the trustee.
(B) After township powers and duties are transferred to the county (in the case of a township located in county in which township government is abolished under IC 36-6-1.1) the county executive.
(C) After December 31, 2014 (in the case of a township
located in a county in which township government is
abolished under IC 36-6-1.2) the county executive.
(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)
(6) governing body or budget approval body, for any other political subdivision.
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) 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) Prosecuting attorney.
(F) 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.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)). However, this clause does not apply to the following:
(i) Elections after township powers and duties are transferred to the county under IC 36-6-1.1.
(ii) Elections in 2014 and thereafter in a township located in a county in which a public question to retain township government has been disapproved under IC 36-6-1.2.
(B) Township trustee. However, this clause does not apply to the following:
(i) Elections after township powers and duties are transferred to the county under IC 36-6-1.1.
(ii) Elections in 2014 and thereafter in a township located in a county in which a public question to retain township government has been disapproved 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.
(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.
(c) The political party offices with candidates for election shall be placed on the primary election ballot in the following order after the offices described in subsection (b):
(1) Precinct committeeman.
(2) State convention delegate.
(d) The following offices and public questions shall be placed on the primary election ballot in the following order after the offices described in subsection (c):
(1) School board offices to be elected at the primary election.
(2) Other local offices to be elected at the primary election.
(3) Local public questions.
(e) The offices and public questions described in subsection (d) shall be placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the offices described in subsection (c) in the form specified in IC 3-11-13-11 if voting is by ballot card; or
(3) either:
(A) on a separate screen for each office or public question; or
(B) after the offices described in subsection (c) in the form specified in IC 3-11-14-3.5;
if voting is by an electronic voting system.
(f) A public question shall be placed on the primary election ballot in the following form:
[] YES
[] NO
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 13. (a) The following public officials shall be
elected at the general election before their terms of office expire and
every four (4) years thereafter:
(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.
(10) County council member.
(11) Township trustee. However, this subdivision does not
apply to the following:
(A) Elections after township powers and duties are
transferred to the county under IC 36-6-1.1.
(B) Elections in 2014 and thereafter in a township located
in which a public question to retain township government
has been disapproved under IC 36-6-1.2.
(12) Township board member. This subdivision does not apply
to elections in 2012 and thereafter.
(13) Township assessor (only in a township referred to in
IC 36-6-5-1(d)). However, this subdivision does not apply to
the following:
(A) Elections after township powers and duties are
transferred to the county under IC 36-6-1.1.
(B) Elections in 2014 and thereafter, in a township located
in which a public question to retain township government
has been disapproved under IC 36-6-1.2.
(14) Judge of a small claims court.
(15) Constable of a small claims court.
(b) Notwithstanding subsection (a), the term of an individual
serving as a township board member expires January 1, 2012.
(c) Notwithstanding subsection (a), the term of an individual
serving as a township trustee or township assessor in a township in
which township powers and duties are transferred to the county
under IC 36-6-1.1 expires on the date township powers and duties
are transferred.
(d) Notwithstanding subsection (a), the term of an individual
serving as a township trustee or township assessor in a township in
which a public question to retain township government has been
disapproved under IC 36-6-1.2 expires January 1, 2015.
(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) Prosecuting attorney.
(F) 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.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)). However, this clause does not apply to the following:
(i) Elections after township powers and duties are transferred to the county under IC 36-6-1.1.
(ii) Elections in 2014 and thereafter, in a township located in which a public question to retain township government has been disapproved under IC 36-6-1.2, the county fiscal body.
(B) Township trustee. However, this clause does not apply to the following:
(i) Elections after township powers and duties are transferred to the county under IC 36-6-1.1.
(ii) Elections in 2014 and thereafter in a township located in which a public question to retain township government has been disapproved 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.
(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) 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 the date township powers and duties are transferred
to the county, in the case of a county to which powers and
duties are transferred under IC 36-6-1.1, and after December
31, 2014, in the case of a county in which township
government has been abolished under IC 36-6-1.2, a fire
department operated by a county under IC 36-8-13.6.
(3) (4) The provider unit of a fire protection territory established
under IC 36-8-19.
(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) a township executive; or
(B) after:
(i) the date township powers and duties are transferred to the county, in the case of a county to which powers and duties are transferred under IC 36-6-1.1; or
(ii) December 31, 2014, in the case of a county in which township government is abolished under IC 36-6-1.2;
the appropriate county official;
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; or
(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;
(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 or an educational, literary, scientific, religious, or charitable use under IC 6-1.1-10-16; and
(3) the property continues to meet the requirements for an exemption under IC 6-1.1-10-16 or IC 6-1.1-10-21.
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 or IC 6-1.1-10-21. 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 or IC 6-1.1-10-21 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 or IC 6-1.1-10-16. 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 or IC 6-1.1-10-16.
(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) The county fiscal body is after December 31, 2011, the fiscal body of each township in the county. In calendar year 2012 and each calendar year thereafter, the county fiscal body shall adopt the budget for each township in the county for the ensuing calendar year.
(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) Except as provided in subsection (d), 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 (before January 1, 2012) or the county fiscal body (after December 31, 2011) 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 applies to a county in which township government has been abolished under IC 36-6-1.1 or IC 36-6-1.2. The county executive shall each year 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 a tax rate uniform throughout the county
sufficient to meet the estimated cost of township assistance. The
taxes collected as a result of the tax rate adopted under this
subsection shall be credited to the county's township assistance
fund established under IC 12-20-1-7.
(1) For ad valorem property taxes first due and payable in the year after the county assumes responsibility for fire protection, the maximum firefighting levy is equal to:
(A) the combined maximum ad valorem property tax levies under IC 6-1.1-18.5 for taxes first due and payable in the year before the townships were abolished for the townships' firefighting funds established under IC 36-8-13-4 for all of the townships in the county that are abolished under IC 36-6-1.1 or IC 36-6-1.2; multiplied by
(B) the amount determined in the last STEP of section 2(b) of this chapter.
(2) For ad valorem property taxes first due and payable in a year after the year described in subdivision (1):
(A) the maximum permissible ad valorem property tax levy for the county's firefighting fund determined under this section for ad valorem property taxes first due and payable in the immediately preceding calendar year; multiplied by
(B) the amount determined in the last STEP of section 2(b) of this chapter.
tax levy limits imposed by this chapter do not apply to ad valorem
property taxes imposed by a consolidated city to pay or fund any
indebtedness assumed, defeased, paid, or refunded under
IC.36-3-1-6.1 or IC 36-3-1-6.4.
(b) For purposes of this section:
(1) "consolidating entity" means:
(A) a township;
(B) a fire protection territory; or
(C) an excluded city;
whose fire department is consolidated into the fire
department of a consolidated city under IC 36-3-1-6.1,
IC 36-3-1-6.4, or IC 36-3-1-6.5; and
(2) "maximum levy" means the maximum permissible ad
valorem property tax levy under section 3 of this chapter.
(c) The maximum levy of a consolidated city for property taxes
first due and payable in 2012 shall be increased by an amount
equal to the combined property tax levies of each consolidating
entity for property taxes first due and payable in 2011 for fire
protection and related services.
(d) Subject to subsections (e) and (f), for not more than three (3)
years after a consolidation under IC 36-3-1-6.1, IC 36-3-1-6.4, or
IC 36-3-1-6.5, the consolidated city may levy a tax above the
maximum permissible ad valorem property tax levy for the fire
special service district in each township and (if an excluded city
consolidates its fire department under IC 36-3-1-6.5) the excluded
city that is necessary to phase out that consolidating entity's
borrowing for fire and emergency services.
(e) The property tax rate imposed in 2012, 2013, and 2014 for
fire protection within a township that consolidates its fire
department under IC 36-1-3-6.4 or an excluded city that
consolidates its fire department under IC 36-1-3-6.5 may not
increase by more than five percent (5%) annually, as compared
with the preceding year.
(f) After 2014, the total property tax rate imposed for fire
protection by the consolidated city and the fire special service
district in the area served by the consolidated fire department must
be a uniform rate throughout that area. Property tax revenue
raised from the uniform property tax rate imposed for fire
protection may be used only for fire protection purposes.
(g) To the extent that a property tax rate that would otherwise
be imposed after 2014 for fire protection within a township that
consolidates its fire department under IC 36-1-3-6.4 or an excluded
city that consolidates its fire department under IC 36-1-3-6.5 is
greater than the uniform rate imposed under subsection (f), the
property tax that is greater than the uniform rate must be
decreased to a rate that is not greater than the uniform rate.
(b) Notwithstanding section 18(e) of this chapter, the distributive shares that each civil taxing unit in a county containing a consolidated city is entitled to receive during a month equals the following:
(1)
Lawrence-City .00858
Beech Grove .00845
Southport .00025
Speedway .00722
Indianapolis/Marion County
(2) Notwithstanding subdivision (1), for the calendar year beginning January 1, 1995, the distributive shares for each civil taxing unit in a county containing a consolidated city shall be not less than the following:
Lawrence-City $648,848
Beech Grove $639,017
Southport $18,906
Speedway $546,000
(3) For each year after
STEP ONE: Determine the total amount of revenues that were distributed as distributive shares during that month in calendar year 1995.
STEP TWO: Determine the total amount of revenue that the department has certified as distributive shares for that month under section 17 of this chapter for the calendar year.
STEP THREE: Subtract the STEP ONE result from the STEP TWO result.
STEP FOUR: If the STEP THREE result is less than or equal to zero (0), multiply the STEP TWO result by the distribution ratio established under subdivision (1).
STEP FIVE: Determine the ratio of:
(A) the maximum permissible property tax levy under IC 6-1.1-18.5 for each civil taxing unit for the calendar year in which the month falls, plus, for a county, the welfare allocation amount; divided by
(B) the sum of the maximum permissible property tax levies under IC 6-1.1-18.5 for all civil taxing units of the county during the calendar year in which the month falls, and an amount equal to the welfare allocation amount.
STEP SIX: If the STEP THREE result is greater than zero (0), the STEP ONE amount shall be distributed by multiplying the STEP ONE amount by the distribution ratio established under subdivision (1).
STEP SEVEN: For each taxing unit, determine the STEP FIVE ratio multiplied by the STEP TWO amount.
STEP EIGHT: For each civil taxing unit, determine the difference between the STEP SEVEN amount minus the product of the STEP ONE amount multiplied by the distribution ratio established under subdivision (1). The STEP THREE excess shall be distributed as provided in STEP NINE only to the civil taxing units that have a STEP EIGHT difference greater than or equal to zero (0).
STEP NINE: For the civil taxing units qualifying for a distribution under STEP EIGHT, each civil taxing unit's share
equals the STEP THREE excess multiplied by the ratio of:
(A) the maximum permissible property tax levy under
IC 6-1.1-18.5 for the qualifying civil taxing unit during the
calendar year in which the month falls, plus, for a county, an
amount equal to the welfare allocation amount; divided by
(B) the sum of the maximum permissible property tax levies
under IC 6-1.1-18.5 for all qualifying civil taxing units of
the county during the calendar year in which the month falls,
and an amount equal to the welfare allocation amount.
(c) The welfare allocation amount is an amount equal to the sum of
the property taxes imposed by the county in 1999 for the county's
welfare fund and welfare administration fund and the property taxes
imposed by the county in 2008 for the county's county medical
assistance to wards fund, family and children's fund, children's
psychiatric residential treatment services fund, county hospital care for
the indigent fund, children with special health care needs county fund,
plus, in the case of Marion County, thirty-five million dollars
($35,000,000).
(b) As used in this section, "coordinator" means the coordinator of social services appointed under IC 36-2-2-14.5.
(c) The coordinator shall administer township assistance in the county. The coordinator shall administer assistance on a countywide basis instead of a township basis.
(d) The following apply to the administration of township assistance under subsection (c) in the county:
(1) A suit or proceeding in favor of or against the coordinator concerning township assistance shall be conducted in favor of or against the county in the county's corporate name.
(2) The coordinator is subject to the same privileges and immunities as are accorded to a township trustee under IC 12-20-3.
(3) The coordinator shall propose uniform standards for the issuance of township assistance throughout the county and the processing of applications for township assistance that meet the requirements of IC 12-20-5.5. The standards shall be adopted by the county legislative body and filed with the
county executive.
(4) The coordinator has the same powers in the
administration of township assistance for the county as a
township trustee has in the administration of township
assistance for a township under IC 12-20-4, IC 12-20-5,
IC 12-20-15, IC 12-20-16, IC 12-20-17, IC 12-20-18, and
IC 12-20-19.
(5) The same standards and requirements that:
(A) apply to; or
(B) may be imposed upon;
recipients of and applicants for township assistance under
IC 12-20-6, IC 12-20-7, IC 12-20-8, IC 12-20-9, IC 12-20-10,
IC 12-20-11, IC 12-20-12, and IC 12-20-13 apply to or may be
imposed upon recipients of and applicants for township
assistance administered by the coordinator.
(6) The coordinator may assert a claim against the estate of an
individual who received township assistance from the county
to the same extent as a township trustee may assert a claim
under IC 12-20-27 against the estate of an individual who
received township assistance from a township.
(7) The coordinator is subject to the same reporting
requirements with respect to township assistance
administered on a countywide basis as a township trustee is
subject to under IC 12-20-28 with respect to township
assistance administered on a township basis.
(8) State and local agencies shall provide the coordinator with
the information provided to a township trustee under
IC 12-20-7. The coordinator or an employee of the county is
subject to the criminal penalty set forth in IC 12-20-7-6 for
disclosure of information.
(9) An applicant for township assistance and the coordinator
may appeal a decision regarding township assistance in the
same manner that an appeal is taken under IC 12-20-15.
(10) The department of workforce development, the county
office of the division of family resources, and any other state
or local government agency shall cooperate with and assist the
coordinator in carrying out the coordinator's duties under
this section and other statutes.
(e) Any application for township assistance for which the
township has not entered a final decision regarding the granting or
denial of township assistance by the close of business on the day
before township assistance powers and duties are transferred to
the county shall be treated as a new application filed with the
county as of that date. The coordinator shall make a decision on
the application in accordance with the uniform standards adopted
under subsection (d)(3).
(f) Any application for township assistance that has been
granted before township assistance powers and duties are
transferred to the county, but for which assistance has not been
disbursed by the township, shall be disbursed and administered by
the coordinator in accordance with the township's grant of
township assistance.
(g) The coordinator shall assist in preparing the county's
township assistance budget.
(1) submit recommendations to the county executive and the county fiscal body regarding the transition from township responsibility for township assistance to county responsibility for township assistance; and
(2) take steps as necessary to assist the transition of responsibility for township assistance.
The advisory group is abolished on the date the township assistance powers and duties are transferred to the county.
(b) This subsection applies only to a county in which a public question on retaining township government has been disapproved under IC 36-6-1.2. A township assistance transition advisory group is established in the county beginning January 1, 2013. The advisory group consists of an individual designated by the county executive, who shall chair the advisory group, and the trustee of each of the townships in the county. The advisory group shall:
(1) submit recommendations to the county executive and the county fiscal body regarding the transition from township responsibility for township assistance to county responsibility for township assistance; and
(2) take steps as necessary to assist the transition of responsibility for township assistance.
The advisory group is abolished January 1, 2015.
(b) The county shall establish a county township assistance fund.
(c) The fund shall be raised by a tax levy in a county in which township government has been abolished under IC 36-6-1.1 or IC 36-6-1.2 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 township assistance budget for the county.
(d) The tax imposed under this section shall be collected as other state and county ad valorem taxes are collected.
(e) The following shall be paid into the county township assistance fund:
(1) All receipts from the tax imposed under this section.
(2) Any other money required by law to be placed in the fund.
(f) The fund is available for the purpose of paying 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.
(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) for a township, the
(6) the board of directors of a conservancy district.
department that is described in subsection (b).
(b) Reimbursement is available under this chapter and IC 36-8-12.2
for expenses that are incurred in taking emergency action by a fire
department that:
(1) is established under IC 36-8-2-3, or IC 36-8-13-3(a)(1), or
IC 36-8-13.6; and
(2) employs:
(A) both full-time paid members and volunteer members; or
(B) only full-time paid members.
(1) a county in which a hazardous materials emergency arose; or
(2) the county in which the unit that established the fire department is located, if the emergency response agency is a fire department that:
(A) is established by a unit under IC 36-8-2-3,
(B) employs:
(i) both full-time paid members and volunteer members; or
(ii) only full-time paid members.
(1) One (1) member appointed as follows:
(A) Except as provided in clause (B), a township trustee of a township in the county.
(B) In a county in which township government is abolished under IC 36-6-1.1 or IC 36-6-1.2, the official responsible for the destruction of detrimental plants described in this chapter or the official'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.
(b) After township government is abolished under IC 36-6-1.1 or IC 36-6-1.2:
(1) any reference to "township trustee" or "trustee" in this chapter is considered to be a reference to the county official designated by the county executive as being responsible for administering this chapter; and
(2) any reference to "township fund" in this chapter is considered to be a reference to the appropriate county fund designated by ordinance of the county legislative body.
(b) After township government is abolished in a county under IC 36-6-1.1 or IC 36-6-1.2, when the annual county budget is prepared, a sufficient amount shall be appropriated to enable the county to comply with this chapter.
(1) the county has all the rights, duties, and responsibilities of the township; and
(2) the coordinator for social services appointed under IC 36-2-2-14.5 has all the rights, duties, and responsibilities of the township trustee;
under this section.
incurred in furnishing biologicals under this chapter,
IC 12-20-16-2(c)(13), or IC 12-20-16-14 shall be paid: by:
(1) by the appropriate county, city, or town against which the
application form is issued from general funds; and
(2) by the appropriate township against which the application
form is issued from funds in the township assistance fund; and
(3) after township government is abolished in a county under
IC 36-6-1.1 or IC 36-6-1.2, by the coordinator of social
services appointed under IC 36-2-2-14.5 from funds in the
county township assistance fund;
not otherwise appropriated without appropriations.
(b) (c) A township is not responsible for paying for biologicals as
provided in subsection (a)(2) (b)(2) if the township trustee has
evidence that the individual has the financial ability to pay for the
biologicals.
(c) (d) After being presented with a legal claim for insulin being
furnished to the same individual a second time, a township trustee may
require the individual to complete and file a standard application for
township assistance in order to investigate the financial condition of the
individual claiming to be indigent. The trustee shall immediately notify
the individual's physician that:
(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.
The township shall continue to furnish insulin under this section until
the township trustee completes an investigation and makes a
determination as to the individual's financial ability to pay for insulin.
(d) (e) For purposes of this section, the township shall consider an
adult individual needing insulin as an individual and not as a member
of a household requesting township assistance.
commission shall:
(1) adopt rules under IC 4-22-2 for the granting of permits for
supervised public displays of fireworks by municipalities, fair
associations, amusement parks, and other organizations or groups
of individuals; and
(2) establish by rule the fee for the permit, which shall be paid
into the fire and building services fund created under
IC 22-12-6-1.
(b) The application for a permit required under subsection (a) must:
(1) name a competent operator who is to officiate at the display;
(2) set forth a brief resume of the operator's experience;
(3) be made in writing; and
(4) be received with the applicable fee by the division of fire and
building safety at least five (5) business days before the display.
No operator who has a prior conviction for violating this chapter may
operate any display for one (1) year after the conviction.
(c) Every display shall be handled by a qualified operator approved
by the chief of the fire department of the municipality in which the
display is to be held. A display shall be located, discharged, or fired as,
in the opinion of:
(1) the chief of the fire department of the city or town in which
the display is to be held; or
(2) the:
(A) township fire chief or the fire chief of the municipality
nearest the site proposed (unless there is a county fire
department described in clause (B)); or
(B) fire chief of the county fire department responsible for
providing fire protection in the area in which the display
will be located, discharged, or fired, after township
government is abolished in the county under IC 36-6-1.1 or
IC 36-6-1.2;
in the case of a display to be held outside of the corporate limits
of any city or town;
after proper inspection, is not hazardous to property or person.
(d) A permit granted under this section is not transferable.
(e) A denial of a permit by a municipality shall be issued in writing
before the date of the display.
(f) A person may not possess, transport, or deliver special fireworks,
except as authorized under this section.
commission may adopt rules under IC 4-22-2 that specify the
conditions under which the chief of a municipal or fire department,
a township fire department, or (in a county in which township
government has been abolished under IC 36-6-1.1 or IC 36-6-1.2)
a county fire department may grant a permit to a person to sponsor
a special discharge location in the municipality, or township, or county
in which the display will be located, discharged, or fired.
(1) a volunteer fire department (as defined in IC 36-8-12-2);
(2) the executive of a township providing fire protection under IC 36-8-13-3(a)(1);
(3) a municipality providing fire protection to:
(A) a township under IC 36-8-13-3(a)(2) or IC 36-8-13-3(a)(3); or
(B) a county; or
(4) the executive of a county providing fire protection under IC 36-8-13.6.
(1) An individual granted the authority to serve in a funeral planning declaration executed by the decedent under IC 29-2-19, or the person 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 granted the authority to serve in 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.
(4) The decedent's surviving adult children. If more than one (1) adult child is surviving, any adult child who confirms in writing that the other adult children have been notified, unless the crematory authority receives a written objection to the cremation from another adult child.
(5) The decedent's surviving parent. If the decedent is survived by
both parents, either parent may serve as the authorizing agent
unless the crematory authority receives a written objection to the
cremation from the other parent.
(6) The individual in the next degree of kinship under IC 29-1-2-1
to inherit the estate of the decedent. If more than one (1)
individual of the same degree is surviving, any person of that
degree may serve as the authorizing agent unless the crematory
authority receives a written objection to the cremation from one
(1) or more persons of the same degree.
(7) In the case of an indigent or other individual whose final
disposition is the responsibility of the state, or the township, or
(in a county in which township government has been
abolished under IC 36-6-1.1 or IC 36-6-1.2) the county the
following may serve as the authorizing agent:
(A) If none of the persons identified in subdivisions (1)
through (6) are available:
(i) a public administrator, including a responsible township
trustee or the trustee's designee or (if applicable) a
responsible coordinator of social services or the
coordinator's designee; 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.
(8) In the absence of any person under subdivisions (1) through
(7), 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).
(b) After the date township government is abolished in a county under IC 36-6-1.1 or IC 36-6-1.2:
(1) a reference in this chapter through IC 23-14-76 to "township fund" is considered a reference to the cemetery fund established for the county;
(2) a reference in this chapter through IC 23-14-76 to "township" is considered a reference to the county;
(3) a reference in this chapter through IC 23-14-76 to "township trustee" is considered a reference to the person designated by the county executive as being responsible for administering this chapter through IC 23-14-76; and
(4) the county (rather than the township) may levy the cemetery tax under IC 23-14-68-4 throughout the county.
(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,
(b) After the date township government is abolished in a county under IC 36-6-1.1 or IC 36-6-1.2:
(1) the county official designated by the county executive as responsible for administering this chapter (rather than the township trustee) is responsible for administering this chapter;
(2) a reference in this chapter to "township" is considered a reference to the county; and
(3) a reference in this chapter to "township trustee" is considered a reference to the county official designated by the county executive as responsible for administering this chapter.
(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.
township board of the township in which the small claims court is
located established by ordinance of the city-county council.
(b) The salary of each judge who serves part time must be in an
amount determined by the township board and approved 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 by the township board of the township
in which the small claims court is located. ordinance of the
city-county council.
(1) before township government is abolished under IC 36-6-1.1, in twelve (12) equal monthly installments by the township trustee; or
(2) after township government is abolished under IC 36-6-1.1, by the county in the same installments as judges of the superior court in the county.
(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.
(b) A vacancy occurring in a judgeship must be filled under IC 3-13-10.
(1) venued;
(2) commenced; and
(3) decided;
in any township small claims court within the county. However, upon a motion for change of venue filed by the defendant within ten (10) days of service of the summons, the township small claims court shall determine in accordance with subsection (b) whether required venue
lies with the court or with another small claims court in the county in
which the small claims court action was filed.
(b) The venue determination to be made under subsection (a) must
be made in the following order:
(1) In an action upon a debt or account, venue is in the township
where any defendant has consented to venue in a writing signed
by the defendant.
(2) Venue is in the township where a transaction or occurrence
giving rise to any part of the claim took place.
(3) Venue is in the township (in a county of the small claims
court) where the greater percentage of individual defendants
included in the complaint resides, or, if there is not a greater
percentage, the place where any individual named as a defendant:
(A) resides;
(B) owns real estate; or
(C) rents an apartment or real estate or where the principal
office or place of business of any defendant is located.
(4) Venue is in the township where the claim was filed if there is
no other township in the county in which the small claims court
sits in which required venue lies.
(c) Venue of:
(1) any claim between landlord and tenant;
(2) any claim filed after December 31, 2011, that is related to
real estate;
must be in the township where the real estate is located.
(d) If a written motion challenging venue is received by the small
claims court, the court shall rule whether required venue lies in the
township of filing.
(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 from:
(1) before township government is abolished under IC 36-6-1.1, the township trustee; or
(2) after township government is abolished under IC 36-6-1.1, the county executive;
as accruable to the small claims judge in whose place the appointee is serving.
(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.
judges of the small claims courts, and the state board of accounts, shall,
at the expense of the townships (before township government is
abolished under IC 36-6-1.1) or the county (after township
government is abolished under IC 36-6-1.1):
(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.
(b) The court 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.
The remaining twenty-five percent (25%) of the judicial salaries fees
described in subdivision (1)(E) shall be deposited monthly in (before
township government is abolished under IC 36-6-1.1) the township
general fund of the township in which the court is located or (after
township government is abolished under IC 36-6-1.1) the county
general fund and credited to the small claims court account
described in section 5 of this chapter. The county auditor shall
deposit fees distributed under subdivision (2) into the clerk's record
perpetuation fund under IC 33-37-5-2.
(c) The court semiannually shall pay:
(1) before township government is abolished under
IC 36-6-1.1, 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;
or
(2) after township government is abolished under IC 36-6-1.1,
to the county for deposit in the county general fund, to be:
(A) credited to the small claims court account described in
section 5 of this chapter; and
(B) used by the county:
(i) to fund the operations of the small claims court; and
(ii) if any funds remain during a budget year after the
payment of expenses under item (i), to fund public safety
programs in the county as determined by the city-county
council.
(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)
(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 36-2-3.5 or IC 36-3-1;
(2) the county council, for a county subject to 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)
(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.
(1) an ordinance, in the case of a county, city, or town; or
(2) a resolution, in the case of any other political subdivision.
(b) An ordinance or a resolution adopted under this section must specify the following:
(1) The purposes of the rainy day fund.
(2) The sources of funding for the rainy day fund, which may include the following:
(A) Unused and unencumbered funds under:
(i) section 5 of this chapter;
(ii) IC 6-3.5-1.1-21.1;
(iii) IC 6-3.5-6-17.3; or
(iv) IC 6-3.5-7-17.3.
(B) Any other funding source:
(i) specified in the ordinance or resolution adopted under this section; and
(ii) not otherwise prohibited by law.
(c) The rainy day fund is subject to the same appropriation process as other funds that receive tax money.
(d) In any fiscal year, a political subdivision may transfer under section 5 of this chapter not more than ten percent (10%) of the political subdivision's total annual budget for that fiscal year, adopted under IC 6-1.1-17, to the rainy day fund.
(e) A political subdivision may use only the funding sources specified in subsection (b)(2)(A) or in the ordinance or resolution establishing the rainy day fund. The political subdivision may adopt a subsequent ordinance or resolution authorizing the use of another funding source.
(f) The department of local government finance may not reduce the actual or maximum permissible levy of a political subdivision as a result of a balance in the rainy day fund of the political subdivision.
(g) A township may not transfer or expend from the township's rainy day fund more than one percent (1%) of the balance in that rainy day fund in any twelve (12) month period without approval of the county fiscal body.
(h) In the case of a township for which the township government is abolished under IC 36-6-1.1 or IC 36-6-1.2, any amounts transferred by the township from the township's rainy day fund to the consolidated city or the county shall be used only as follows:
(1) First, by the consolidated city or the county to pay any outstanding indebtedness of the township from which the money was transferred.
(2) Second, if any part of the transferred money remains after the payments under subdivision (1), by the consolidated city or the county for acquiring, constructing, improving, or maintaining infrastructure (including sewerlines, waterlines, streets, roads, alleys, sidewalks, curbs, bridges, parking facilities, drains, flood control facilities, parks and other recreational facilities, street lights, electric signals, and any other infrastructure) within the township from which the money was transferred.
(1) a total cost of more than five thousand dollars ($5,000); and
(2) a term that extends beyond December 31, 2011;
unless the contract has been approved by the fiscal body of the county.
(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) A fire department operated by a county under IC 36-8-13.6.
(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) estimate the amount necessary to meet the cost of township assistance in the county after township government has been abolished under IC 36-6-1.1 or IC 36-6-1.2; and
(2) administer township assistance for the county under IC 12-20-1-6 and IC 12-30-4 after township government has been abolished under IC 36-6-1.1 or IC 36-6-1.2.
(b) The coordinator is under the supervision of the executive and holds office at the pleasure of the executive.
(c) If the coordinator is absent from the coordinator's office due
to illness, death, vacation, resignation, or removal, the president of
the executive, if any, or a qualified person appointed by the
executive shall act as coordinator until the coordinator returns to
the coordinator's duties or the executive appoints a new
coordinator.
(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.
(b) This section does not prohibit the providing of emergency ambulance services by contract or under an interlocal agreement under IC 36-1-7.
(b) The following fire departments are consolidated into the fire department of the consolidated city (referred to as "the consolidated fire department") on January 1, 2012:
(1) The fire department of a township that is located in the county containing a consolidated city and that has not consolidated the township's fire department under section 6.1 of this chapter.
(2) The fire department of any fire protection territory established under IC 36-8-19 that is located in a township described in subdivision (1).
The fire department of an excluded city is not consolidated into the fire department of the consolidated city.
(c) After December 31, 2011, the consolidated fire department shall provide fire protection services within the county (except in an excluded city). The consolidated fire department may provide fire protection services in an excluded city if the consolidated city and the excluded city enter into a contract or interlocal agreement for the fire protection services.
(d) All of the property, equipment, records, rights, and contracts of each department consolidated into the fire department of the consolidated city under this section are:
(1) transferred to; or
(2) assumed by;
the consolidated city on January 1, 2012. Any funds transferred under this subsection to the consolidated city that represent balances in a cumulative building and equipment fund for fire protection and related services established under IC 36-8-14 shall be deposited in the consolidated city's cumulative building and equipment fund for fire protection and related services and shall be used by the consolidated city only for funding land, buildings, and equipment for fire protection and emergency medical services as provided under IC 36-8-14.
(e) The employees of a fire department that is consolidated into the fire department of the consolidated city under this section cease employment with the department listed in subsection (b) and, subject to approval of the executive of the consolidated city, become employees of the consolidated fire department on January 1, 2012. The consolidated city shall assume all agreements with labor organizations that:
(1) are in effect on January 1, 2012; and
(2) apply to employees of the department that is consolidated into the fire department of the consolidated city who become
employees of the consolidated fire department.
(f) Indebtedness related to fire protection services incurred
before January 1, 2012, by an entity whose fire department is
consolidated into the consolidated fire department under this
section (or incurred by a building, holding, or leasing corporation
on behalf of the entity) shall be assumed, defeased, paid, or
refunded by the consolidated city. However, the consolidated city
may levy a tax to pay the indebtedness only within the geographic
area of the entity that originally incurred the indebtedness.
(g) Notwithstanding any other law, to assume, defease, pay, or
refund all or part of an indebtedness described in subsection (f),
the consolidated city is not required to comply with any other
statutory procedures or approvals that apply when a unit incurs
indebtedness.
(h) Notwithstanding subsections (f) and (g), the consolidated city
may not assume all or a part of an indebtedness described in
subsection (f) that will exceed the limitations on the amount of
indebtedness that the consolidated city may incur. If the
consolidated city is prohibited by this subsection from assuming all
or a part of an indebtedness described in subsection (f), the entity
that originally incurred the debt:
(1) shall impose the tax levy necessary to pay the
indebtedness; and
(2) shall, notwithstanding any other provision, remain in
existence until the indebtedness is paid.
An entity that remains in existence under subdivision (2) shall
remain in existence only for the purpose of imposing the tax levy
under subdivision (1).
(i) The rights of trustees and bondholders with respect to any:
(1) bonds or other indebtedness described in subsection (f); or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness described in subsection (f);
remain the same, although the powers, duties, agreements, and
liabilities of the entities listed in subsection (b) have been
transferred to the consolidated city, and the consolidated city shall
be considered to have assumed all those powers, duties,
agreements, and liabilities.
(j) The merit board and the merit system of each fire
department that is consolidated into the fire department of the
consolidated city are dissolved on January 1, 2012, and the duties
of the merit board are transferred to and assumed by the merit
board for the consolidated fire department on that day.
(k) The following apply after a fire department is consolidated
into the fire department of the consolidated city under this section:
(1) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund on January 1, 2012;
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.
(2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund on January 1, 2012;
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.
(3) For property taxes first due and payable in the first
calendar year in which property taxes are first due and
payable based on the consolidation, the maximum permissible
ad valorem property tax levy under IC 6-1.1-18.5 and
maximum property tax rates for fire protection services for:
(A) the consolidated city; and
(B) the entity whose fire department is consolidated into
the fire department of the consolidated city under this
section;
are determined under IC 6-1.1-18.5-23.
(4) The balance in the cumulative building and equipment
fund of a township whose fire department is consolidated into
the fire department of the consolidated city is transferred as
provided in subsection (d).
(5) The local boards for the 1937 firefighters' pension fund
and the 1977 police officers' and firefighters' pension and
disability fund of an entity whose fire department is
consolidated into the fire department of the consolidated city
are dissolved, and their services are terminated on January 1,
2012. 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 a
consolidation under this section.
(6) The consolidated city may levy property taxes within the
area served by the consolidated fire department 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 or that directly benefit
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.
(7) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before
March 1, 2013, 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 budget committee.
(l) On June 1, 2011, a fire consolidation transition advisory
group is established in the county having a consolidated city. The
advisory group consists of the chief of the fire department of the
consolidated city (or the chief's designee), who shall chair the
advisory group, and the township trustee (or the township trustee's
designee) of each township that has not consolidated its fire
department into the fire department of the consolidated city. The
advisory group shall do the following:
(1) Develop a strategic plan to determine resource
requirements and resource deployments for the consolidated
fire department. In developing the strategic plan, the advisory
group shall consider the Fire Department Consolidation
Staffing Committee Report (as revised April 26, 2005)
prepared by the Indianapolis Metropolitan Professional
Firefighters Association Local 416.
(2) Submit recommendations to the executive of the
consolidated city and the city-county council regarding the
consolidation of fire departments.
(3) Take steps as necessary to assist the consolidation of fire
departments.
The advisory group is abolished January 1, 2012.
(m) The executive of the consolidated city shall update the
strategic plan developed under subsection (l) at least once every
three (3) years.
(n) After December 31, 2011, the consolidated fire department
in a county containing a consolidated city shall be designated as the
Indianapolis metropolitan fire department.
(b) The legislative body of an excluded city, after approval by
the executive of the excluded city, may adopt an ordinance
approving the consolidation of the excluded city's fire department
with the fire department of the consolidated city. The legislative
body of an excluded city may adopt an ordinance under this
subsection only after the legislative body has held a public hearing
concerning the proposed consolidation. The legislative body of the
excluded city shall hold the hearing not earlier than forty-five (45)
days after the date the ordinance 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
legislative body of the excluded city adopts an ordinance under this
subsection, the legislative body shall, after approval by the
executive of the excluded city, forward the ordinance to the clerk
of the legislative body of the consolidated city. If such an ordinance
is forwarded to the clerk of 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 excluded
city into the fire department of the consolidated city, the
requirements of this subsection are satisfied.
(c) The following apply if the requirements of subsection (b) are
satisfied:
(1) The fire department of the excluded city is consolidated
into the fire department of the consolidated city (referred to
as "the consolidated fire department"). The consolidation
takes effect on the date agreed to by the legislative body of the
excluded city in its ordinance and by the legislative body of
the consolidated city in its ordinance approving the
consolidation.
(2) The consolidated fire department shall provide fire
protection services within the excluded city on the date agreed
to in the ordinance of the legislative body of the excluded city
and the ordinance of the legislative body of the consolidated
city.
(3) All property, equipment, records, rights, and contracts of
the fire department of the excluded city are:
(A) transferred to; or
(B) 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 executive and legislative body of the excluded city in which
that real property is located.
(4) The employees of the fire department of the excluded city
cease employment with the fire department of the excluded
city and become employees of the consolidated fire
department on the effective date of the consolidation.
(5) The indebtedness of the fire department of the excluded
city 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 fire
department of the excluded city remains the debt of the entity
and is not and may not be assumed by the consolidated city.
Indebtedness related to fire protection services incurred by
the consolidated city before the effective date of the
consolidation remains the debt of the consolidated city, and
property taxes levied to pay the debt may be levied only by the
fire special service district.
(6) The merit board and the merit system of the fire
department of the excluded city 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.
(7) 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 consolidated fire department 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.
(8) 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 consolidated fire department 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.
(9) 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 excluded city whose fire department is
consolidated into the consolidated fire department under
this section; and
(B) is reduced for the excluded city whose fire department
is consolidated into the consolidated fire department 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 excluded
city.
(10) The amount levied in the year preceding the year in
which the consolidation is effective by the excluded city whose
fire department is consolidated into the consolidated fire
department for the excluded city'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 6-1.1-41 and IC 36-8-14 regarding
establishment of the cumulative building and equipment fund
for fire protection and related services.
(11) The local boards for the 1937 firefighters' pension fund
and the 1977 police officers' and firefighters' pension and
disability fund of the excluded city 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 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 law, 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.
(d) The fire special service district shall be expanded to include any area of an excluded city that is served by the consolidated fire department.
(1) An airport authority operating under IC 8-22-3.
(2) A public library operating under IC 36-12.
(3) A capital improvement board of managers operating under IC 36-10.
(4) A public transportation corporation operating under IC 36-9-4.
(5) A health and hospital corporation established under IC 16-22-8.
(6) Any other taxing unit (as defined in IC 6-1.1-1-21) that is located in the county and has a governing body that is not comprised of a majority of officials who are elected to serve on the governing body.
Except as provided in subsection (c), the city-county legislative body may reduce or modify but not increase a proposed operating and maintenance budget or tax levy under this section.
(b) The board of each entity listed in subsection (a) shall, after adoption of its proposed budget and tax levies, submit them, along with detailed accounts, to the city clerk before the first day of September of each year.
(c) The city-county legislative body or, when subsection (d) applies, the fiscal body of an excluded city or town shall review the issuance of bonds of an entity listed in subsection (a). Approval of the city-county legislative body or, when subsection (d) applies, the fiscal body of an excluded city or town is required for the issuance of bonds. The city-county legislative body or the fiscal body of an excluded city or town may not reduce or modify a budget or tax levy of an entity listed in subsection (a) in a manner that would:
(1) limit or restrict the rights vested in the entity to fulfill the terms of any agreement made with the holders of the entity's bonds; or
(2) in any way impair the rights or remedies of the holders of the entity's bonds.
(d) If:
(1) the assessed valuation of a taxing unit is entirely contained within an excluded city or town (as described in IC 36-3-1-7) that is located in a county having a consolidated city; or
(2) the assessed valuation of a taxing unit is not entirely contained within the excluded city or town (as described in IC 36-3-1-7) but the taxing unit was originally established by the excluded city or town;
the governing body of the taxing unit shall submit its proposed operating and maintenance budget and tax levies to the city or town fiscal body for approval and not the city-county legislative body. Except as provided in subsection (c), the fiscal body of the excluded city or town may reduce or modify but not increase a proposed operating and maintenance budget or tax levy under this section.
(1) a township;
(2) a fire protection territory; or
(3) a building, holding, or leasing corporation on behalf of a township or a fire protection territory;
to satisfy the requirements of IC 36-3-1-6.4(f), IC 36-3-1-6.4(g), and IC 36-3-1-6.4(h).
Chapter 1.1. Abolishing Township Government in Certain Counties
Sec..1. This chapter applies only to the following counties:
(1) A county containing a consolidated city.
(2) A county containing a second class city.
Sec. 2. (a) The powers and duties of the township are transferred to the county on the earlier of:
(1) January 1, 2015; or
(2) the date:
(A) established by resolution of:
(i) the township board (before January 1, 2012); or
(ii) the county fiscal body (after December 31, 2011); and
(B) approved by order of the township trustee.
(b) On the date township powers and duties are transferred for a township, the office of township trustee and (if the office exists in
a township) the office of township assessor are abolished.
Sec. 3. (a) The abolishment of an office under section 2 of this
chapter does not invalidate:
(1) any resolutions, fees, schedules, or other actions adopted
or taken by the township officer before the date township
powers and duties are transferred for the township; or
(2) any appointments made by the township officer before the
date township powers and duties are transferred for the
township.
(b) The abolition of the office of township assessor under section
2 of this chapter does not affect any assessment, assessment appeal,
or other official action of a township assessor made before the
transfer of duties of the township assessor relating to property
assessment. Any assessment, assessment appeal, or other official
action of a township assessor made by a township assessor within
the scope of the township assessor's official duties under IC 6-1.1
or IC 36-6-5 before the transfer of duties to the county assessor is
considered as having been made by the county assessor.
(c) Except as specifically provided, in a county subject to this
chapter, any reference in the Indiana Code, the Indiana
Administrative Code, or a resolution to:
(1) the township assessor shall be considered after the date
township government is abolished under this chapter a
reference to the county assessor; and
(2) the township trustee shall be considered after the date
township government is abolished under this chapter a
reference to the county executive.
Sec..4. On the date township government is abolished under this
chapter, the following occur:
(1) All:
(A) assets;
(B) debts;
(C) property rights;
(D) equipment;
(E) records;
(F) personnel (except as otherwise provided by statute);
and
(G) contracts;
connected with the operations of a township are transferred
to the county to be used only for the benefit of the township.
(2) Notwithstanding any other law to the contrary, a
township's distributive share of any state or local taxes or
revenues is reduced to zero (0) and is transferred to the
county.
(3) A county described in section 1(2) of this chapter is
responsible for providing fire protection under IC 36-8 in the
unincorporated area of the county. In a county described in
section 1(1) of this chapter, township fire departments are
consolidated on January 1, 2012, as provided in IC 36-3-1-6.1
and IC 36-3-1-6.4.
(4) If, as of the date township powers and duties are
transferred for a township, the township in the county has a
local board for the 1937 firefighters' pension fund or the 1977
police officers' and firefighters' pension and disability fund,
that local board is dissolved, and the powers, duties, and
responsibilities of the local board under IC 36-8-7 or
IC 36-8-8, respectively, are assumed by the county's local
board for the 1937 firefighters' pension fund and the local
board for the 1977 police officers' and firefighters' pension
and disability fund, respectively. Notwithstanding any other
provision, the legislative body of the county may adopt an
ordinance to adjust the membership of the county's local
board to reflect the dissolution of the township's local board.
Sec. 5. Except as specifically provided, in a county subject to this
chapter, the following apply on the date township powers and
duties are transferred for the township:
(1) Any indebtedness and any lease rental obligation incurred
before that date by the township become an obligation of the
county in which the township is located and shall be assumed,
defeased, paid, or refunded by the county. The county may
levy property taxes to pay the indebtedness or lease rental
obligations only in the area of the township that incurred the
debt.
(2) Notwithstanding any other law, to assume, defease, pay, or
refund all or a part of the indebtedness or lease rental
obligations described in subdivision (1), the county is not
required to comply with any other statutory procedures or
approvals that apply when a unit incurs indebtedness or lease
rental obligations.
(3) Notwithstanding subdivisions (1) and (2), a county may not
assume all or a part of the indebtedness described in
subdivision (1) that will exceed the limitations on the amount
of indebtedness that the county may incur. To the extent a
county may not assume all or a part of the indebtedness
described in subdivision (1) because to do so would cause the
county to exceed the limitations on the amount of
indebtedness that the county may incur, a special taxing unit
is established in the township only for the purpose of levying
property taxes necessary to pay the indebtedness that is not
assumed by the county.
(4) The rights of the trustee and the bondholders with respect
to any:
(A) indebtedness described in subdivision (1); or
(B) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness described in subdivision (1);
remain the same, although the powers, duties, agreements,
and liabilities of the township have been transferred to the
county, and the county is considered to have assumed all those
powers, duties, agreements, and liabilities.
Sec. 6. In a county having a consolidated city, the operation of
the small claims courts after the township powers and duties are
transferred to the county shall be accounted for in the county
budget.
Sec. 7. On the date township government is abolished under this
chapter, the balance in a debt service fund of a township:
(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 shall be used for infrastructure in the township
Sec. 8. (a) Except as specifically provided, on the date township
government is abolished under this chapter, the balance in a
township's general fund is transferred to the county.
(b) The department of local government finance shall determine
the amounts to be transferred under subsection (a).
(c) IC 36-1-8-5 does not apply to a balance referred to in
subsection (a).
Sec. 9. (a) On the date township government is abolished under
this chapter, the balance in a township's township assistance fund
attributable to the duties of the township trustee:
(1) is transferred to the county; and
(2) shall be deposited in the county's township assistance fund
established under IC 12-20-1-7.
(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. 10. The department of local government finance shall
adjust the maximum permissible property tax levies, maximum
permissible property tax rates, and budgets as necessary to take
into account the transfer of duties and powers of townships under
this chapter or IC 36-3-1-6.4.
Sec. 11. In each county subject to this chapter (other than a
county having a consolidated city), a fire consolidation transition
advisory group is established on June 30, 2011. The advisory group
consists of an individual, appointed by the county executive, who
shall chair the advisory group, and the township trustee (or the
township trustee's designee) of each township in the county. The
advisory group shall do the following:
(1) Develop a strategic plan to determine resource
requirements and resource deployments for fire protection in
the county.
(2) Submit recommendations to the county executive and
county fiscal body regarding the transition from fire
protection service provided by townships to fire protection
service provided by the county.
(3) Take steps as necessary to assist the transition from fire
protection service provided by townships to fire protection
service provided by the county.
This section expires on the date township government is abolished
under this chapter.
Sec. 12. This chapter contains full and complete authority for
the county to take any action necessary to accomplish the transfer
the duties and powers from a township under this chapter.
Chapter.1.2. Local Public Question on Retaining Township Government; Transfer of Powers and Duties
Sec. 1. (a) This chapter applies to each county, other than a county specified in subsection (b).
(b) This chapter does not apply to the following:
(1) A county containing a consolidated city.
(2) A county containing a second class city.
Sec. 2. The following question shall be submitted to the
registered voters of each county subject to this chapter at the
general election in November 2012:
"Shall township government be retained? (A "yes" vote on
the public question retains township government as it
currently exists. A "no" vote on the public question transfers
township powers and duties to the county.)".
Sec. 3. (a) The county auditor shall certify the public question
described in section 2 of this chapter under IC 3-10-9-3 to the
county election board. 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. 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. 5. If a majority of the voters voting on the public question
in the county vote "no" to the public question:
(1) the powers and duties of the township are transferred to
the county on January 1, 2015; and
(2) the office of township trustee and (if the office exists in a
township) the office of township assessor are abolished
January 1, 2015.
Sec. 6. (a) The abolishment of an office under section 5 of this
chapter does not invalidate:
(1) any resolutions, fees, schedules, or other actions adopted
or taken by the township officer before January 1, 2015; or
(2) any appointments made by the township officer before
January 1, 2015.
(b) The abolition of the office of township assessor under section
5 of this chapter does not affect any assessment, assessment appeal,
or other official action of a township assessor made before the
transfer of duties of the township assessor relating to property
assessment. Any assessment, assessment appeal, or other official
action of a township assessor made by a township assessor within
the scope of the township assessor's official duties under IC 6-1.1
or IC 36-6-5 before the transfer of duties to the county assessor is
considered as having been made by the county assessor.
(c) Except as specifically provided, in a county in which the
powers and duties of the township are transferred to the county,
any reference in the Indiana Code, the Indiana Administrative
Code, or a resolution to:
(1) the township assessor shall be considered after December
31, 2015, a reference to the county assessor; and
(2) the township trustee shall be considered after December
31, 2015, a reference to the county executive.
Sec. 7. If a majority of the voters in the county voting on a
public question under this chapter vote "yes" on the public
question, the townships in the county retain their elected trustee
and township assessor (if the office exists in the township) offices,
the powers and duties of the townships are not transferred, and the
offices of township trustee and township assessor (if any) are not
abolished under this chapter.
Sec. 8. IC 3, to the extent not inconsistent with this chapter,
applies to an election held under this chapter.
Sec..9. If a majority of voters in the county voting on a public
question under this chapter vote "no" on the public question, on
January 1, 2015, the following occur:
(1) All:
(A) assets;
(B) debts;
(C) property rights;
(D) equipment;
(E) records;
(F) personnel (except as otherwise provided by statute);
and
(G) contracts;
connected with the operations of a township are transferred
to the county to be used only for the benefit of the township.
(2) Notwithstanding any other law to the contrary, a
township's distributive share of any state or local taxes or
revenues is reduced to zero (0) and is transferred to the
county.
(3) The county is responsible for providing fire protection
under IC 36-8 in the unincorporated area of the county.
(4) If, as of December 31, 2014, a township in the county has
a local board for the 1937 firefighters' pension fund or the
1977 police officers' and firefighters' pension and disability
fund, that local board is dissolved on January 1, 2015, and the
powers, duties, and responsibilities of the local board under
IC 36-8-7 or IC 36-8-8, respectively, are assumed by the
county's local board for the 1937 firefighters' pension fund
and the local board for the 1977 police officers' and
firefighters' pension and disability fund, respectively.
Notwithstanding any other provision, the legislative body of
the county may adopt an ordinance to adjust the membership
of the county's local board to reflect the dissolution of the
township's local board.
Sec. 10. If a majority of voters in the county voting on a public
question under this chapter vote "no" on the public question, the
following apply on January 1, 2015:
(1) Any indebtedness and any lease rental obligation incurred
before January 1, 2015, by the township become an obligation
of the county in which the township is located and shall be
assumed, defeased, paid, or refunded by the county. The
county may levy property taxes to pay the indebtedness or
lease rental obligations only in the area of the township that
incurred the debt.
(2) Notwithstanding any other law, to assume, defease, pay, or
refund all or a part of the indebtedness or lease rental
obligations described in subdivision (1), the county is not
required to comply with any other statutory procedures or
approvals that apply when a unit incurs indebtedness or lease
rental obligations.
(3) Notwithstanding subdivisions (1) and (2), a county may not
assume all or a part of the indebtedness described in
subdivision (1) that will exceed the limitations on the amount
of indebtedness that the county may incur. To the extent a
county may not assume all or a part of the indebtedness
described in subdivision (1) because to do so would cause the
county to exceed the limitations on the amount of
indebtedness that the county may incur, a special taxing unit
is established in the township only for the purpose of levying
property taxes necessary to pay the indebtedness that is not
assumed by the county.
(4) The rights of the trustee and the bondholders with respect
to any:
(A) indebtedness described in subdivision (1); or
(B) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness described in subdivision (1);
remain the same, although the powers, duties, agreements,
and liabilities of the township have been transferred to the
county, and the county is considered to have assumed all those
powers, duties, agreements, and liabilities.
Sec. 11. If a majority of voters in the county voting on a public
question under this chapter vote "no" on the public question, the
balance on January 1, 2015, in a debt service fund of a township:
(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 shall be used for infrastructure in the township
Sec. 12. (a) Except as specifically provided, if a majority of
voters in the county voting on a public question under this chapter
vote "no" on the public question, on January 1, 2015, the balance
in a township's general fund is transferred to the county.
(b) The department of local government finance shall determine
the amounts to be transferred under subsection (a).
(c) IC 36-1-8-5 does not apply to a balance referred to in
subsection (a).
Sec. 13. (a) If a majority of voters in the county voting on a
public question under this chapter vote "no" on the public
question, on January 1, 2015, the balance in a township's township
assistance fund attributable to the duties of the township trustee:
(1) is transferred to the county; and
(2) shall be deposited in the county township assistance fund
established under IC 12-20-1-7.
(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. 14. The department of local government finance shall
adjust the maximum permissible property tax levies, maximum
permissible property tax rates, and budgets as necessary to take
into account the transfer of duties and powers of townships under
this chapter.
Sec. 15. In each county subject to this chapter, a fire
consolidation transition advisory group is established in the county
on June 30, 2013. The advisory group consists of an individual,
appointed by the county executive, who shall chair the advisory
group, and the township trustee (or the township trustee's
designee) of each township in the county. The advisory group shall
do the following:
(1) Develop a strategic plan to determine resource
requirements and resource deployments for the fire
protection in the county.
(2) Submit recommendations to the county executive and
county fiscal body regarding the transition from fire
protection service provided by townships to fire protection
service provided by the county.
(3) Take steps as necessary to assist the transition from fire
protection service provided by townships to fire protection
service provided by the county.
This section expires January 1, 2015.
Sec. 16. This chapter contains full and complete authority for
the county to take any action necessary to accomplish the transfer
of the duties and powers from a township under this chapter.
(b) Notwithstanding any other law, in the case of a county in which township government has been abolished under IC 36-6-1.1 or IC 36-6-1.2:
(1) the powers and duties of the township trustee are transferred to the county executive;
(2) the office of township trustee is eliminated; and
(3) the term of any township trustee is terminated;
on the date the township government is abolished.
(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, in the case of a county in
which township government has been abolished under IC 36-6-1.1
or 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;
on the date the township government is abolished.
(b) On January 1, 2012, the township boards in each county are abolished, and the term of office of each township board member is terminated.
(c) After December 31, 2011:
(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, 2012; or
(2) any appointments made by the township board before January 1, 2012.
(e) After December 31, 2011, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code; or
(3) in any resolution;
to the township board shall be considered a reference to the county fiscal body.
(1) The county commissioners of the county having a consolidated city shall appoint two (2) members, who may not be members of the same political party.
(2) The mayor of the consolidated city shall appoint two (2) members, who may not be members of the same political party.
(3) The city-county council of the county having a consolidated city shall appoint five (5) members. Not more than three (3) members appointed under this subdivision may be members of the same political party.
(4) The labor union representing firefighters employed by the metropolitan fire department shall appoint two (2) members, who may not be members of the same political party.
(b) After December 31, 2011, the fire merit board of the metropolitan fire department has complete discretion to establish a classification of ranks, grades, and positions in the metropolitan fire department and shall designate the authority and responsibilities of each rank, grade, and position.
(c) An individual who becomes a firefighter employed by the metropolitan fire department through the consolidation of township fire protection services into the metropolitan fire department after 2004 may not have the individual's merit rank reduced below the merit rank held by the individual on January 1, 2005, as a firefighter employed by a township fire department.
(d) The following apply to an individual who becomes a firefighter employed by the metropolitan fire department through the consolidation of township fire protection services into the metropolitan fire department after 2004:
(1) The time served by such an individual as a firefighter with the metropolitan fire department shall also include the total time served by the individual as a firefighter with the township department in which the individual was serving at the time of the consolidation.
(2) The hire date of such an individual is the date the individual was hired as a firefighter by the township department in which the individual was serving at the time of the consolidation.
(b) A firefighter with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if the firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(c) A firefighter is covered by this chapter and not by IC 36-8-8 if the firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-36.5-7 (repealed September 1,
1981);
(3) was rehired after April 30, 1977, but before February 1, 1979;
and
(4) was made, before February 1, 1979, a member of a 1937 fund.
(d) A firefighter:
(1) who:
(1) (A) is covered by this chapter before a consolidation under
IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5; and
(2) (B) becomes a member of a fire department of a
consolidated city under IC 36-3-1-6.1, IC 36-3-1-6.4, and
IC 36-3-1-6.5; or
(2) who:
(A) before the township government is abolished under
IC 36-6-1.1 or IC 36-6-1.2 is a member of the 1937 fund as
a firefighter with a township fire department; and
(B) after the township government is abolished under
IC 36-6-1.1 or IC 36-6-1.2 becomes a member of the county
fire department;
is covered by this chapter after the effective date of the consolidation,
and the firefighter's service as a member of a fire department of a
consolidated city is considered active service under this chapter.
(b) The trustee from the fire department shall be elected under this section.
(c) The local board may amend the bylaws of the fund to elect the trustee from the fire department in an election held on any three (3) consecutive days in February specified in the bylaws. The election shall be called by the fire chief and held at the house or quarters of the fire department. Subject to this section, the election shall be conducted in the manner specified in the bylaws.
(d) This subsection applies only if the local board does not elect to be governed by subsection (c). The trustee from the fire department shall be elected at a meeting held on the second Monday in February each year. The meeting shall be called by the fire chief and held at the house or quarters of the fire department.
(e) The term of the elected trustee is one (1) year beginning immediately after the trustee's election.
(f) Each member of the department is entitled to one (1) ballot, and the person receiving the highest number of votes is elected. The executive of the unit, the fire chief, and the city or county clerk shall canvass and count the ballots, and the clerk shall issue a certificate of election to the person having received the highest number of votes. If two (2) persons have received the same number of votes, the executive and the chief shall immediately determine by lot who will be the trustee from the persons receiving an equal number of votes.
(g) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1 or IC 36-3-1-6.4.
(b) The local board may amend the bylaws of the fund to elect the trustee from the active members of the fire department in an election held on any three (3) consecutive days in February specified in the bylaws. The election shall be called by the fire chief and held at the house or quarters of the respective companies of the fire department. Subject to this section, the election shall be conducted in the manner specified in the bylaws.
(c) This subsection applies only if the local board does not elect to be governed by subsection (b). The election shall be held at the houses or quarters of the respective companies on the second Monday in February between 9 a.m. and 6 p.m.
(d) Each member of a fire company is entitled to one (1) ballot, and the ballot may not contain the names of more than one (1) person,
chosen from the six (6) persons nominated by the convention. The
candidate receiving the highest number of votes is elected.
(e) The captain or other officer in command of each of the fire
companies, immediately after the casting of all ballots, shall canvass
and count the ballots. The captain or other officer shall certify in
writing the total number of ballots cast and the number of votes
received by each candidate for the office of trustee. After signing the
certificate, the officer shall enclose it, together with all the ballots cast
by the fire company, in an envelope, securely sealed and addressed,
and deliver them to the fire chief. The fire chief shall deliver them to
the executive of the unit as soon as the chief receives all the certificates
and ballots. Upon receipt the executive shall, in the presence of the
chief and the clerk of the unit, open the envelopes, examine the
certificates, and determine the total number of votes cast for each of the
candidates. The executive shall then issue a certificate of election to the
candidate having received the highest number of votes. If two (2) or
more candidates have received the same number of votes, the executive
and the chief shall immediately determine by lot who will be trustee
from the persons receiving an equal number of votes. An election may
not be set aside for lack of formality in balloting by the members or in
certifying or transmitting the returns of an election by the officers in
charge.
(f) This section does not apply to a township if the fire department
of the township is consolidated under IC 36-3-1-6.1 or IC 36-3-1-6.4.
(b) The election shall be conducted by mail. Each retired member is entitled to cast one (1) ballot by mail, and the ballot may not contain
more than one (1) name, chosen from the list of retired persons
nominated by the convention. The candidate receiving the highest
number of votes by 6 p.m. on the second Monday in February or an
alternative date in February specified in the bylaws of the fund is
elected.
(c) The ballots must remain closed and inviolate until the close of
the election, at which time, in the presence of the executive of the unit,
the fire chief, and the clerk of the unit, the ballots shall be opened and
counted. A certificate of election shall be issued to the candidate
receiving the highest number of votes. If two (2) or more candidates
receive the same number of votes, the executive and the chief shall
immediately determine by lot who will be trustee from the persons
receiving an equal number of votes.
(d) This section does not apply to a township if the fire department
of the township is consolidated under IC 36-3-1-6.1 or IC 36-3-1-6.4.
(b) Tampering with a ballot for an election under this chapter is a Class A infraction.
(c) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1 or IC 36-3-1-6.4.
(b) At the first meeting after each election, the local board shall elect a secretary, who may be chosen from among the trustees. However, the local board may consider it proper to have a secretary who is a member of the fire department, to be elected by the companies for a term of four (4) years in the same manner as the election for trustees. The secretary shall keep a full record of all the proceedings of the local board in a book provided for that purpose.
(c) The local board shall make all rules necessary for the discharge of its duties and shall hear and determine all applications for relief or pensions under this chapter.
(d) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1 or IC 36-3-1-6.4.
(1) full-time police officers hired or rehired after April 30, 1977, in all municipalities, or who converted their benefits under IC 19-1-17.8-7 (repealed September 1, 1981);
(2) full-time fully paid firefighters hired or rehired after April 30, 1977, or who converted their benefits under IC 19-1-36.5-7 (repealed September 1, 1981);
(3) a police matron hired or rehired after April 30, 1977, and before July 1, 1996, who is a member of a police department in a second or third class city on March 31, 1996;
(4) a park ranger who:
(A) completed at least the number of weeks of training at the Indiana law enforcement academy or a comparable law enforcement academy in another state that were required at the time the park ranger attended the Indiana law enforcement academy or the law enforcement academy in another state;
(B) graduated from the Indiana law enforcement academy or a comparable law enforcement academy in another state; and
(C) is employed by the parks department of a city having a population of more than one hundred twenty thousand (120,000) but less than one hundred fifty thousand (150,000);
(5) a full-time fully paid firefighter who is covered by this chapter before the effective date of consolidation and becomes a member of the fire department of a consolidated city under IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5, provided that the firefighter's service as a member of the fire department of a consolidated city is considered active service under this chapter;
(6) except as otherwise provided, a full-time fully paid firefighter who is hired or rehired after the effective date of the consolidation by a consolidated fire department established under IC 36-3-1-6.1;
(7) a full-time police officer who is covered by this chapter before the effective date of consolidation and becomes a member of the consolidated law enforcement department as part of the consolidation under IC 36-3-1-5.1, provided that the officer's service as a member of the consolidated law enforcement department is considered active service under this chapter;
(8) except as otherwise provided, a full-time police officer who is hired or rehired after the effective date of the consolidation by a consolidated law enforcement department established under IC 36-3-1-5.1; and
(9) a full-time, fully paid township firefighter who:
(A) before the township government is abolished under
IC 36-6-1.1 or IC 36-6-1.2 is covered by this chapter as a
firefighter with a township fire department; and
(B) after the township government is abolished under
IC 36-6-1.1 or IC 36-6-1.2 becomes a member of the county
fire department;
except as provided by section 7 of this chapter. The service of a
firefighter described in subdivision (9) is considered active service
under this chapter.
(1) a municipality that established a 1925 or 1953 fund or that participates in the 1977 fund under section 3 or 18 of this chapter;
(2) a unit that established a 1937 fund or that participates in the 1977 fund under section 3 or 18 of this chapter;
(3) a consolidated city that consolidated the fire departments of units that:
(A) established a 1937 fund; or
(B) participated in the 1977 fund;
before the units' consolidation into the fire department of a consolidated city
(4) a consolidated city that establishes a consolidated law enforcement department under IC 36-3-1-5.1.
(1) For a unit that established a 1925 fund for its police officers, the local board described in IC 36-8-6-2.
(2) Except as provided in subdivision (3) or (4), for a unit that established a 1937 fund for its firefighters, the local board described in IC 36-8-7-3.
(3) For a unit that established a 1937 fund for its firefighters and consolidates its fire department into the fire department of a consolidated city under IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5:
(A) before the effective date of the consolidation, the local board described in IC 36-8-7-3; and
(B) on and after the effective date of the consolidation, the local board of the consolidated city established under IC 36-8-7-3.
(4) For a township that established a 1937 fund for its
firefighters and that transfers the township's fire protection
powers and duties to the county under IC 36-6-1.1 or
IC 36-6-1.2:
(A) before the effective date of the consolidation, the local
board described in IC 36-8-7-3; and
(B) on and after the effective date of the consolidation, the
local board of the county established under IC 36-8-7-3.
(3) (5) For a consolidated city that established a 1953 fund for its
police officers, the local board described in IC 36-8-7.5-2.
(4) (6) For a unit, other than a consolidated city, that did not
establish a 1925 fund for its police officers or a 1937 fund for its
firefighters, the local board described in subsection (b) or (c).
(b) If a unit did not establish a 1925 fund for its police officers, a
local board shall be composed in the same manner described in
IC 36-8-6-2(b). However, if there is not a retired member of the
department, no one shall be appointed to that position until such time
as there is a retired member.
(c) Except as provided in subsections (d) and (e), if a unit did not
establish a 1937 fund for its firefighters, a local board shall be
composed in the same manner described in IC 36-8-7-3(b). However,
if there is not a retired member of the department, no one shall be
appointed to that position until such time as there is a retired member.
(d) If a unit located in a county containing a consolidated city
did not establish a 1937 fund for its firefighters and consolidates its
fire department into the fire department of the consolidated city
under IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5, the local board
is:
(1) before the effective date of the consolidation, the local
board described in IC 36-8-7-3; and
(2) on and after the effective date of the consolidation, the
local board of the consolidated city established under
IC 36-8-7-3.
(e) If a township did not establish a 1937 fund for its firefighters
and township fire protection powers and duties are transferred to
the county under IC 36-6-1.1 or IC 36-6-1.2, the local board is:
(1) before the effective date of the transfer, the local board
described in IC 36-8-7-3; and
(2) on and after the effective date of the transfer, the local
board of the county established under IC 36-8-7-3.
subsections (d), (e), (f), (g), (h), (k), (l), and (m), and (n):
(1) a police officer; or
(2) a firefighter;
who is less than thirty-six (36) years of age and who passes the baseline
statewide physical and mental examinations required under section 19
of this chapter shall be a member of the 1977 fund and is not a member
of the 1925 fund, the 1937 fund, or the 1953 fund.
(b) A police officer or firefighter with service before May 1, 1977,
who is hired or rehired after April 30, 1977, may receive credit under
this chapter for service as a police officer or firefighter prior to entry
into the 1977 fund if the employer who rehires the police officer or
firefighter chooses to contribute to the 1977 fund the amount necessary
to amortize the police officer's or firefighter's prior service liability over
a period of not more than forty (40) years, the amount and the period
to be determined by the PERF board. If the employer chooses to make
the contributions, the police officer or firefighter is entitled to receive
credit for the police officer's or firefighter's prior years of service
without making contributions to the 1977 fund for that prior service. In
no event may a police officer or firefighter receive credit for prior years
of service if the police officer or firefighter is receiving a benefit or is
entitled to receive a benefit in the future from any other public pension
plan with respect to the prior years of service.
(c) Except as provided in section 18 of this chapter, a police officer
or firefighter is entitled to credit for all years of service after April 30,
1977, with the police or fire department of an employer covered by this
chapter.
(d) A police officer or firefighter with twenty (20) years of service
does not become a member of the 1977 fund and is not covered by this
chapter, if the police officer or firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(e) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) was rehired after April 30, 1977, but before February 1, 1979;
and
(4) was made, before February 1, 1979, a member of a 1925,
1937, or 1953 fund.
(f) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired by the police or fire department of a unit before May
1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) is rehired by the police or fire department of another unit after
December 31, 1981; and
(4) is made, by the fiscal body of the other unit after December
31, 1981, a member of a 1925, 1937, or 1953 fund of the other
unit.
If the police officer or firefighter is made a member of a 1925, 1937, or
1953 fund, the police officer or firefighter is entitled to receive credit
for all the police officer's or firefighter's years of service, including
years before January 1, 1982.
(g) As used in this subsection, "emergency medical services" and
"emergency medical technician" have the meanings set forth in
IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
(1) is employed by a unit that is participating in the 1977 fund;
(2) was employed as an emergency medical technician by a
political subdivision wholly or partially within the department's
jurisdiction;
(3) was a member of the public employees' retirement fund during
the employment described in subdivision (2); and
(4) ceased employment with the political subdivision and was
hired by the unit's fire department due to the reorganization of
emergency medical services within the department's jurisdiction;
shall participate in the 1977 fund. A firefighter who participates in the
1977 fund under this subsection is subject to sections 18 and 21 of this
chapter.
(h) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the individual was
appointed as:
(1) a fire chief under a waiver under IC 36-8-4-6(c); or
(2) a police chief under a waiver under IC 36-8-4-6.5(c);
unless the executive of the unit requests that the 1977 fund accept the
individual in the 1977 fund and the individual previously was a
member of the 1977 fund.
(i) A police matron hired or rehired after April 30, 1977, and before
July 1, 1996, who is a member of a police department in a second or
third class city on March 31, 1996, is a member of the 1977 fund.
(j) A park ranger who:
(1) completed at least the number of weeks of training at the
Indiana law enforcement academy or a comparable law
enforcement academy in another state that were required at the
time the park ranger attended the Indiana law enforcement
academy or the law enforcement academy in another state;
(2) graduated from the Indiana law enforcement academy or a
comparable law enforcement academy in another state; and
(3) is employed by the parks department of a city having a
population of more than one hundred twenty thousand (120,000)
but less than one hundred fifty thousand (150,000);
is a member of the fund.
(k) Notwithstanding any other provision of this chapter, a police
officer or firefighter:
(1) who is a member of the 1977 fund before a consolidation
under IC 36-3-1-5.1, or IC 36-3-1-6.1, IC 36-3-1-6.4, or
IC 36-3-1-6.5;
(2) whose employer is consolidated into the consolidated law
enforcement department or the fire department of a consolidated
city under IC 36-3-1-5.1, or IC 36-3-1-6.1, IC 36-3-1-6.4, or
IC 36-3-1-6.5; and
(3) who, after the consolidation, becomes an employee of the
consolidated law enforcement department or the consolidated fire
department under IC 36-3-1-5.1, or IC 36-3-1-6.1, IC 36-3-1-6.4,
or IC 36-3-1-6.5;
is a member of the 1977 fund without meeting the requirements under
sections 19 and 21 of this chapter.
(l) Notwithstanding any other provision of this chapter, if:
(1) before a consolidation under IC 8-22-3-11.6, a police officer
or firefighter provides law enforcement services or fire protection
services for an entity in a consolidated city;
(2) the provision of those services is consolidated into the
consolidated law enforcement department or fire department of
a consolidated city under IC 36-3-1-5.1, IC 36-3-1-6.1, or
IC 36-3-1-6.4; and
(3) after the consolidation, the police officer or firefighter
becomes an employee of the consolidated law enforcement
department or the consolidated fire department under
IC 8-22-3-11.6;
the police officer or firefighter is a member of the 1977 fund without
meeting the requirements under sections 19 and 21 of this chapter.
(m) Notwithstanding any other provision of this chapter, a firefighter who:
(1) before the township government is abolished under IC 36-6-1.1 or IC 36-6-1.2 is a member of the 1977 fund as a firefighter with a township fire department; and
(2) after the township government is abolished under IC 36-6-1.1 or IC 36-6-1.2 becomes a member of the county fire department;
is a member of the 1977 fund without meeting the requirements under sections 19 and 21 of this chapter.
(1) may not be:
solely because of a change in employer under the consolidation; and
(2) shall receive credit for all years of service as a member of the 1977 fund before the consolidation described in subsection (k) or (l).
(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 district.
(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) Any area may be established as a fire protection district, but one (1) part of a district may not be completely separate from another part. A municipality may be included in a district, but only if it consents by ordinance, unless a majority of the freeholders of the municipality have petitioned to be included in the district.
(c) Except as provided in subsection (d), the territory of a district may consist of:
(1) one (1) or more townships and parts of one (1) or more townships in the same county; or
(2) all of the townships in the same county.
The boundaries of a district need not coincide with those of other political subdivisions.
(d) The territory of a district may consist of a municipality that is located in more than one (1) county.
(e) The transfer of fire protection responsibilities to counties under IC 36-6-1.1 or IC 36-6-1.2 from a township does not:
(1) terminate or otherwise affect a fire protection district in existence under this chapter as of the effective date of the transfer of the fire protection responsibilities; or
(2) terminate or otherwise affect the authority of a county legislative body to establish fire protection districts under this chapter.
(1) has the same powers and duties as a township executive or county executive with respect to fire protection functions, including those duties and powers prescribed by IC 36-8-13 or IC 36-8-13.6, 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 or county executive relative to contracting with volunteer firefighting companies, as prescribed by IC 36-8-12,
(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 or IC 36-8-13.6-3.
(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.
(b) In a county in which township government is abolished under IC 36-6-1.1 or IC 36-6-1.2, the powers and duties of a township under this chapter are transferred to the county on the date township government is abolished.
(1) that is responded to by the volunteer fire department; and
(2) that members of that volunteer fire department assisted in extinguishing, containing, or cleaning up.
(b) The volunteer fire department shall bill the owner or responsible party of the vehicle for the total dollar value of the assistance that was provided, with that value determined by a method that the state fire marshal shall establish under IC 36-8-12-16. A copy of the fire incident report to the state fire marshal must accompany the bill. This billing
must take place within thirty (30) days after the assistance was
provided. The owner or responsible party shall remit payment directly
to the governmental unit providing the service. Any money that is
collected under this section may be:
(1) deposited in the township firefighting fund established in
IC 36-8-13-4 or the county firefighting fund established under
IC 36-8-13.6;
(2) used to pay principal and interest on a loan made by the
department of homeland security established by IC 10-19-2-1 or
a division of the department for the purchase of new or used
firefighting and other emergency equipment or apparatus; or
(3) used for the purchase of equipment, buildings, and property
for firefighting, fire protection, and other emergency services.
(c) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department shall
send all bills, notices, and other related materials to both the fire
department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's fee
schedule must be itemized separately from any other charges.
(f) The volunteer fire department may maintain a civil action to
recover an unpaid charge that is imposed under subsection (a).
(1) At the following times, the department gives notice under IC 5-3-1-4(d) in each political subdivision served by the department of the amount of the service charge for each service that the department provides:
(A) Before the schedule of service charges is initiated.
(B) When there is a change in the amount of a service charge.
(2) The property owner has not sent written notice to the department to refuse service by the department to the owner's property.
(3) The bill for payment of the service charge:
(A) is submitted to the property owner in writing within thirty (30) days after the services are provided; and
(B) includes a copy of a fire incident report in the form prescribed by the state fire marshal, if the service was provided for an event that requires a fire incident report.
(4) Payment is remitted directly to the governmental unit providing the service.
(b) A volunteer fire department shall use the revenue collected from the fire service charges under this section:
(1) for the purchase of equipment, buildings, and property for firefighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting fund established under IC 36-8-13-4 or in the county firefighting fund established under IC 36-8-13.6; or
(3) to pay principal and interest on a loan made by the department of homeland security established by IC 10-19-2-1 or a division of the department for the purchase of new or used firefighting and other emergency equipment or apparatus.
(c) Any administrative fees charged by a fire department's agent must be paid only from fees that are collected and allowed by Indiana law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department shall send all bills, notices, and other related materials to both the fire department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's fee schedule must be itemized separately from any other charges.
(f) If at least twenty-five percent (25%) of the money received by a volunteer fire department for providing fire protection or emergency services is received under one (1) or more contracts with one (1) or more political subdivisions (as defined in IC 34-6-2-110), the legislative body of a contracting political subdivision must approve the schedule of service charges established under subsection (a) before the schedule of service charges is initiated in that political subdivision.
(g) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire protection or emergency services; and
(2) charges for services under this section;
must submit a report to the legislative body of the political subdivision before April 1 of each year indicating the amount of service charges collected during the previous calendar year and how those funds have been expended.
(h) The state fire marshal shall annually prepare and publish a recommended schedule of service charges for fire protection services.
(i) The volunteer fire department or its agent may maintain a civil action to recover an unpaid service charge under this section.
(1) an alarm caused by improper installation or improper maintenance; or
(2) a drill or test, if the fire department is not previously notified that the alarm is a drill or test.
However, if the owner of property that constitutes the owner's residence establishes that the alarm is under a maintenance contract with an alarm company and that the alarm company has been notified of the improper installation or maintenance of the alarm, the alarm company is liable for the payment of the fee or service charge.
(b) Before establishing a false alarm service charge, the volunteer fire department must provide notice under IC 5-3-1-4(d) in each political subdivision served by the department of the amount of the false alarm service charge. The notice required by this subsection must be given:
(1) before the false alarm service charge is initiated; and
(2) before a change in the amount of the false alarm service charge.
(c) A volunteer fire department may not collect a false alarm service charge from a property owner or alarm company unless the department's bill for payment of the service charge:
(1) is submitted to the property owner in writing within thirty (30) days after the false alarm; and
(2) includes a copy of a fire incident report in the form prescribed by the state fire marshal.
(d) A volunteer fire department shall use the money collected from the false alarm service charge imposed under this section:
(1) for the purchase of equipment, buildings, and property for fire fighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting fund established under IC 36-8-13-4 or the county firefighting fund established under IC 36-8-13.6; or
(3) to pay principal and interest on a loan made by the department of homeland security established by IC 10-19-2-1 or a division of the department for the purchase of new or used firefighting and other emergency equipment or apparatus.
(e) If at least twenty-five percent (25%) of the money received by a volunteer fire department for providing fire protection or emergency services is received under one (1) or more contracts with one (1) or more political subdivisions (as defined in IC 34-6-2-110), the legislative body of a contracting political subdivision must approve the false alarm service charge established under subsection (a) before the service charge is initiated in that political subdivision.
(f) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire protection or emergency services; and
(2) imposes a false alarm service charge under this section;
must submit a report to the legislative body of the political subdivision before April 1 of each year indicating the amount of false alarm charges collected during the previous calendar year and how those funds have been expended.
(g) The volunteer fire department may maintain a civil action to recover unpaid false alarm service charges imposed under this section.
(1) is established under IC 36-8-2-3,
(2) employs:
(A) both full-time paid members and volunteer members; or
(B) only full-time paid members.
(1) The general fund of the unit that established the fire department under IC 36-8-2-3,
(2) A hazardous materials response fund established under section 8.1 of this chapter by a city or town having a fire department
established under IC 36-8-2-3.
(b) Money collected under this chapter may be used only for the
following:
(1) Purchase of supplies and equipment used in providing
hazardous materials emergency assistance under this chapter.
(2) Training for members of the fire department in skills
necessary for providing hazardous materials emergency assistance
under this chapter.
(3) Payment to persons with which the fire department contracts
to provide services related to the hazardous materials emergency
assistance provided by the fire department under this chapter.
(b) This chapter does not apply to a township in which the fire department of the township has been consolidated under IC 36-3-1-6.1 or, after December 31, 2011, IC 36-3-1-6.4.
(c) In a county in which township government is abolished under IC 36-6-1.1 or IC 36-6-1.2, the powers and duties of a township under this chapter are transferred to the county on the date township government is abolished.
(b) The powers and duties under this chapter of a township are transferred to the county on the date township government is abolished.
Chapter 13.6. County Fire Protection and Emergency Services
Sec. 1. (a) This chapter does not apply to a county having a consolidated city.
(b) This chapter applies after township powers and duties are transferred to the county under IC 36-6-1.1 or IC 36-6-1.2.
Sec. 2. (a) The executive of a county, with the approval of the legislative body, may do the following in carrying out the county's responsibility to provide fire protection services:
(1) Purchase firefighting and emergency services apparatus and equipment for the county, provide for the housing, care, maintenance, operation, and use of the apparatus and equipment to provide services within the county but outside the corporate boundaries of municipalities, and employ full-time or part-time personnel to operate the apparatus and equipment and to provide services in that area. Preference in employment under this section shall be given according to the following priority:
(A) A war veteran who has been honorably discharged from the United States armed forces.
(B) A person whose mother or father was a:
(i) firefighter of a unit;
(ii) municipal police officer; or
(iii) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
A person described in this subdivision may not receive a preference for employment unless the person applies for employment and meets all employment requirements prescribed by law, including physical and age requirements, and all employment requirements prescribed by the fire department.
(2) Contract with a municipality in the county or in a contiguous county that maintains adequate firefighting or emergency services apparatus and equipment to provide fire protection or emergency services in the county in accordance with IC 36-1-7.
(3) Cooperate with a municipality in the county or in a contiguous county in the purchase, maintenance, and upkeep of firefighting or emergency services apparatus and equipment for use in the municipality and county in accordance with IC 36-1-7.
(4) Contract with a volunteer fire department that has been organized to fight fires in the county for the use and operation of firefighting apparatus and equipment that has been purchased by the county in order to save the private and public property of the county from destruction by fire, including use of the apparatus and equipment in an adjoining county by the department if the department has made a contract with the executive of the adjoining county to furnish firefighting service within the county.
(5) Contract with a volunteer fire department that maintains
adequate firefighting service in accordance with IC 36-8-12.
(b) This subsection applies only to counties that provide fire
protection or emergency services, or both, under subsection (a)(1)
and to municipalities that have all municipal territory completely
within a county and do not have a full-time paid fire department.
A county may provide fire protection or emergency services, or
both, without contracts inside the corporate boundaries of the
municipalities if, before July 1 of a year, the following occur:
(1) The legislative body of the municipality adopts an
ordinance to have the county provide the services without a
contract.
(2) The county legislative body passes a resolution approving
the county's provision of the services without contracts to the
municipality.
In a county providing services to a municipality under this section,
the legislative body of either the county or a municipality in the
county may opt out of participation under this subsection by
adopting an ordinance or a resolution, respectively, before July 1
of a year.
Sec. 3. (a) Each county shall establish a county firefighting fund
that is to be the exclusive fund used by the county for the payment
of costs attributable to providing fire protection or emergency
services under the methods prescribed in section 2 of this chapter
and for no other purposes. The money in the fund may be paid out
by the county executive with the consent of the county legislative
body.
(b) Each county may levy, for each year, a tax for the county
firefighting fund. Other than a county providing fire protection or
emergency services, or both, to municipalities in the county under
section 2(b) of this chapter, the tax levy is on all taxable real and
personal property in the county that is outside the corporate
boundaries of municipalities and that is not included in a fire
protection territory or fire protection district. Subject to the levy
limitations contained in IC 6-1.1-18.5, the county levy is to be in an
amount sufficient to pay all costs attributable to fire protection and
emergency services that are not paid from other revenues available
to the fund. The tax rate and levy shall be established in
accordance with the procedures set forth in IC 6-1.1-17.
(c) In addition to the tax levy and service charges received
under IC 36-8-12-13 and IC 36-8-12-16, the executive may accept
donations to the county for firefighting and other emergency
services and shall place the donations in the fund, keeping an
accurate record of the sums received. A person may also donate
partial payment of any purchase of firefighting or other emergency
services equipment made by the county.
(d) If a fire department serving a county dispatches fire
apparatus or personnel to a building or premises in the county in
response to:
(1) an alarm caused by improper installation or improper
maintenance; or
(2) a drill or test, if the fire department is not previously
notified that the alarm is a drill or test;
the county may impose a fee or service charge upon the owner of
the property. However, if the owner of property that constitutes
the owner's residence establishes that the alarm is under a
maintenance contract with an alarm company and that the alarm
company has been notified of the improper installation or
maintenance of the alarm, the alarm company is liable for the
payment of the fee or service charge.
(e) The amount of a fee or service charge imposed under
subsection (d) shall be determined by the county legislative body.
All money received by the county from the fee or service charge
must be deposited in the county's firefighting fund.
Sec. 4. (a) This section applies to a county that provides fire
protection or emergency services, or both, to a municipality in the
county under section 2(b) of this chapter.
(b) With the consent of the county legislative body, the county
executive shall pay the expenses for fire protection and emergency
services in the county, both inside and outside the corporate
boundaries of participating municipalities, from any combination
of the following county funds, regardless of when the funds were
established:
(1) The county firefighting fund under section 3(a) of this
chapter.
(2) The cumulative building and equipment fund under
IC 36-8-14.
(3) The debt fund for taxes levied under sections 7 and 8 of
this chapter.
(c) Subject to the levy limitations contained in IC 6-1.1-18.5, the
tax rate and levy for the county firefighting fund, the cumulative
building and equipment fund, or the debt fund are to be in an
amount sufficient to pay all costs attributable to fire protection or
emergency services that are provided to the county and the
participating municipalities that are not paid from other available
revenues. The tax rate and levy for each fund shall be established
in accordance with the procedures set forth in IC 6-1.1-17 and
apply both inside and outside the corporate boundaries of
participating municipalities.
(d) The county executive may accept donations for firefighting
and emergency services. The county executive shall place donations
in the county firefighting fund. A person may donate partial
payment of a purchase of firefighting or emergency services
equipment made by the county.
Sec. 5. (a) For counties and municipalities that elect to have the
county provide fire protection and emergency services under
section 2(b) of this chapter, the department of local government
finance shall adjust each county's and each municipality's
maximum permissible ad valorem property tax levy in the year
following the year in which the change is elected, as determined
under IC 6-1.1-18.5-3, to reflect the change from providing fire
protection under a contract between the municipality and the
county to allowing the county to impose a property tax levy on the
taxable property located within the corporate boundaries of each
municipality. Each municipality's maximum permissible ad
valorem property tax levy shall be reduced by the amount of the
municipality's property tax levy that was imposed by the
municipality to meet the obligations to the county under the fire
protection contract. The county's maximum permissible ad
valorem property tax levy shall be increased by the product of:
(1) one and five-hundredths (1.05); multiplied by
(2) the amount the county received:
(A) in the year in which the change is elected; and
(B) as fire protection contract payments from all
municipalities whose levy is decreased under this section.
(b) For purposes of determining a county's or municipality's
maximum permissible ad valorem property tax levy under
IC 6-1.1-18.5-3 for years following the first year after the year in
which the change is elected, a county's or municipality's maximum
permissible ad valorem property tax levy is the levy after the
adjustment made under subsection (a).
Sec. 6. After a sufficient appropriation has been made and
approved and is available for the purchase of firefighting
apparatus and equipment, including housing, the county executive,
with the approval of the county legislative body, may purchase
firefighting apparatus and equipment for the county on an
installment conditional sale or mortgage contract running for a
period not exceeding:
(1) six (6) years; or
(2) fifteen (15) years for a county that is purchasing the
firefighting equipment with funding from the:
(A) state or its instrumentalities; or
(B) federal government or its instrumentalities.
The purchase shall be amortized in equal or approximately equal
installments payable on January 1 and July 1 each year.
Sec. 7. (a) Subject to section 8 of this chapter, the executive and
legislative body, on behalf of the county, also may borrow the
necessary money from a financial institution in Indiana to make
the purchase on the same terms. The executive and legislative body
shall, on behalf of the county, execute and deliver to the institution
the negotiable note or bond of the county for the sum borrowed.
The note or bond must bear interest, with both principal and
interest payable in equal or approximately equal installments on
January 1 and July 1 each year over a period not exceeding six (6)
years.
(b) The first installment of principal and interest on a contract,
chattel mortgage, note, or bond is due on the next January 1 or
July 1 following the first tax collection for which it is possible for
the county to levy a tax. The executive and legislative body shall
appropriate and levy a tax each year sufficient to pay the
obligation according to its terms. An obligation of the county
executed under this chapter is a valid and binding obligation of the
county, notwithstanding any tax limitation, debt limitation,
bonding, borrowing, or other statute to the contrary.
Sec. 8. (a) If the executive and the legislative body determine
that money should be borrowed under section 7 of this chapter, at
least ten (10) taxpayers in the county who disagree with the
determination may file a petition in the office of the county auditor
not more than thirty (30) days after notice of the determination is
given. The petition must state the taxpayers' objections and the
reasons why the taxpayers believe the borrowing to be unnecessary
or unwise.
(b) The county auditor immediately shall certify a copy of the
petition, together with other data necessary to present the
questions involved, to the department of local government finance.
Upon receipt of the certified petition and other data, the
department of local government finance shall fix a date, time, and
place for the hearing of the matter. The hearing shall be held at
least five (5) and not more than thirty (30) days after the receipt of
the certified documents.
(c) The hearing shall be held in the county where the petition
arose.
(d) Notice of the hearing shall be given by the department of
local government finance to the county and to the first ten (10)
taxpayer petitioners listed on the petition by letter. The letter shall
be sent to the first ten (10) taxpayer petitioners at the taxpayer's
usual place of residence at least five (5) days before the date of the
hearing.
(e) A:
(1) taxpayer who signed a petition filed under subsection (a);
or
(2) county against which a petition under subsection (a) is
filed;
may petition for judicial review of the final determination of the
department of local government finance under subsection (a). The
petition must be filed in the tax court not more than forty-five (45)
days after the date of the department's final determination.
Sec. 9. (a) All purchases of firefighting apparatus and
equipment shall be made in the manner provided by statute for the
purchase of county supplies. If the amount involved is sufficient to
require notice under statutes for bids in connection with the
purchase of apparatus or equipment, the notice must offer all
bidders the opportunity of proposing to sell the apparatus or
equipment to the county upon a conditional sale or mortgage
contract.
(b) A bidder proposing to sell on a conditional sale or mortgage
contract shall state in the bidder's bid the proposed interest rate
and terms of the conditional sale or contract, to be considered by
the county executive and legislative body in determining the best
bid received.
(c) All bids submitted must specify the cash price at which the
bidder proposes to sell the apparatus or equipment to the county
so that the executive and legislative body may determine whether
it is in the best interest of the county to purchase the apparatus or
equipment on the terms of a conditional sale or mortgage contract
proposed by the bidder or to purchase the apparatus or equipment
for cash if sufficient funds are available or can be raised by
negotiating a loan with a financial institution in accordance with
this section.
Sec. 10. A county having a regularly organized fire department
employing full-time firefighters may procure at the county's
expense:
(1) an insurance policy for each member of the department
insuring the member against the loss of life or
dismemberment while in the performance of regularly
assigned duties; and
(2) group insurance providing supplemental income
protection for a member of the department who has been
injured during the course of employment.
The insurance coverage shall be selected with the consent of the
members and is supplemental to other benefits provided the
injured member by law.
Sec. 11. (a) A county shall pay for the care of a full-time, paid
firefighter who:
(1) suffers an injury; or
(2) contracts an illness;
during the performance of the firefighter's duty.
(b) The county shall pay for the following expenses incurred by
a firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents
and means.
(3) X-ray, diagnostic, and therapeutic services, including
during the recovery period.
(4) Hospital and special nursing care if the physician or
surgeon in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from
the county firefighting fund established under section 3 of this
chapter.
(d) A county that has paid for the care of a firefighter under
subsection (a) has a cause of action for reimbursement of the
amount paid under subsection (a) against any third party against
whom the firefighter has a cause of action for an injury sustained
because of, or an illness caused by, the third party. The county's
cause of action under this subsection is in addition to, and not in
place of, the cause of action of the firefighter against the third
party.
Sec. 12. Notwithstanding section 3 of this chapter, a county
fiscal body may, after township government has been abolished
under IC 36-6-1.1 or IC 36-6-1.2, authorize the county executive to
borrow a specified sum from a county fund other than the county
firefighting fund if the county fiscal body finds that the emergency
requiring the expenditure of money is related to paying the
operating expenses of a county fire department or a volunteer fire
department. The county fiscal body shall provide for payment of
the debt by imposing a levy to the credit of the fund from which the
amount was borrowed under this subsection.
(b) This chapter also applies to a county in which township government is abolished under IC 36-6-1.1 or IC 36-6-1.2. A county described in this subsection may:
(1) establish a cumulative building and equipment fund under this chapter; and
(2) impose a property tax levy under this chapter beginning with property taxes first due and payable in the calendar year in which township powers and duties are transferred to the county under IC 36-6-1.1 or IC 36-6-1.2.
(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 or the board of fire trustees of a fire protection district may provide a cumulative building and equipment fund under IC 6-1.1-41 for the following purposes:
(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 must approve the establishment of the fund.
(e) A cumulative building and equipment fund may be
established in each county in which township government is
abolished under IC 36-6-1.1 or IC 36-6-1.2.
(b) As the tax is collected, it shall be deposited in a qualified public depository or depositories and held in a special fund to be known as:
(1) the "building or remodeling, firefighting, and police radio equipment fund" in the case of a municipality; or
(2) the "building or remodeling and fire equipment fund" in the case of a township, a county (if township government is abolished in the county under IC 36-6-1.1 or IC 36-6-1.2), or a fire protection district.
(b) In a county in which township government is abolished under IC 36-6-1.1 or IC 36-6-1.2, the powers and duties related to parks and recreation of a township under this chapter are transferred to the county on the date township government is abolished.
(b) A fire protection territory that is established before the effective date of the consolidation in a
the township's political subdivision's fire department is consolidated
under IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5 becomes part of
the geographic area in which the fire department of a consolidated city
provides fire protection services.
(b) The following apply after township powers and duties are transferred to the county under IC 36-6-1.1 if a township in the county is a participating unit as of that date:
(1) The township ceases to be a participating unit.
(2) The county shall become a participating unit and shall assume the powers, duties, rights, responsibilities, and obligations previously held by the township that was a participating unit (including the township's share of any debt issued under this chapter).
(3) The department of local government finance shall make any necessary adjustments to the maximum permissible ad valorem property tax levy for the county firefighting fund to take into account the transfer of powers, duties, rights, responsibilities, and obligations under this section.
(b) The fund consists of the following:
(1) All receipts from the tax imposed under this section.
(2) Any money transferred to the fund by the provider unit as authorized under subsection (d).
(3) Any receipts from a false alarm fee or service charge imposed by the participating units under IC 36-8-13-4 or IC 36-8-13.6.
(4) Any money transferred to the fund by a participating unit under section 8.6 of this chapter.
(c) The provider unit, with the assistance of each of the other participating units, shall annually budget the necessary money to meet the expenses of operation and maintenance of the fire protection services within the territory, plus a reasonable operating balance, not to exceed twenty percent (20%) of the budgeted expenses. Except as provided in IC 6-1.1-18.5-10.5, after estimating expenses and receipts of money, the provider unit shall establish the tax levy required to fund the estimated budget. The amount budgeted under this subsection shall be considered a part of each of the participating unit's budget.
(d) If the amount levied in a particular year is insufficient to cover the costs incurred in providing fire protection services within the territory, the provider unit may transfer from available sources to the fire protection territory fund the money needed to cover those costs. In this case:
(1) the levy in the following year shall be increased by the amount required to be transferred; and
(2) the provider unit is entitled to transfer the amount described in subdivision (1) from the fund as reimbursement to the provider unit.
(e) If the amount levied in a particular year exceeds the amount necessary to cover the costs incurred in providing fire protection services within the territory, the levy in the following year shall be reduced by the amount of surplus money that is not transferred to the equipment replacement fund established under section 8.5 of this chapter. The amount that may be transferred to the equipment replacement fund may not exceed five percent (5%) of the levy for that fund for that year. Each participating unit must agree to the amount to be transferred by adopting an ordinance (if the unit is a county or municipality) or a resolution (if the unit is a township) that specifies an identical amount to be transferred.
(f) The tax under this section is subject to the tax levy limitations imposed under IC 6-1.1-18.5-10.5.
(b) In a county in which township government is abolished under IC 36-6-1.1 or IC 36-6-1.2, the powers and duties of a township under this chapter are transferred to the county on the date township government is abolished.
(b) In a county in which township government is abolished under IC 36-6-1.1 or IC 36-6-1.2, the powers and duties of a township under this chapter are transferred to the county on the date township government is abolished.
(b) In a county in which township government is abolished under IC 36-6-1.1 or IC 36-6-1.2, the powers and duties of a township under this chapter are transferred to the county on the date township government is abolished.
(b) The abolition of township government and the transfer of township powers and duties to the county under IC 36-6-1.1 or IC 36-6-1.2 do not terminate a public library, library district, or contract for provision or receipt of library services in existence at the time the township governments is abolished and the powers and duties are transferred.
; (11)IN1376.1.99. --> SECTION 99. THE FOLLOWING ARE REPEALED [EFFECTIVE JANUARY 1, 2012]: IC 3-11-1.5-32.5; IC 36-6-6-2; IC 36-6-6-2.2; IC 36-6-6-2.5; 36-6-6-3; 36-6-6-4; 36-6-6-5; 36-6-6-7.
(b) This SECTION expires July 1, 2012.
