Bill Text: IN HB1395 | 2011 | Regular Session | Introduced
Bill Title: Local government issues.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Government and Regulatory Reform [HB1395 Detail]
Download: Indiana-2011-HB1395-Introduced.html
Citations Affected: IC 3-8-1-31.5; IC 3-10; IC 3-11-2-12;
IC 5-11-1-4; IC 6-1.1-17; IC 12-20; IC 15-16-8-0.5; IC 16-31-5-1;
IC 16-41-19-7; IC 23-14; IC 32-26; IC 33-34; IC 36-1-8-17; IC 36-6;
IC 36-8; IC 36-9-17.5-1; IC 36-10; IC 36-12-1-7.5.
Effective: July 1, 2011; January 1, 2013.
January 18, 2011, read first time and referred to Committee on Government and Regulatory
Reform.
Digest Continued
reside in the area of the township that is in unincorporated territory or
is within a municipality that is located in the township and has a
population of less than 10,000. Provides that a township with a
population of less than 1,500 must before January 1, 2014, merge with
another township government under the township merger statutes.
Requires the department of local government finance (DLGF) to adjust
the maximum permissible property tax levies, maximum permissible
property tax rates, and budgets of: (1) each township from which
powers, duties, and obligations are transferred; and (2) each
municipality or county to which powers, duties, and obligations are
transferred; as the department of local government finance determines
necessary to account for the transfers of those duties, powers, and
obligations. Provides that under certain conditions, an additional
township assistance levy shall be imposed in 2013 and thereafter on
property within the unincorporated territory of the township and within
municipalities located in the township and having a population of less
than 10,000. Specifies that if such a levy is imposed, the revenue is
transferred to municipalities having a population of at least 10,000
within the township to be used for township assistance purposes.
Makes the following changes concerning township government: (1)
Provides that if a trustee does not accept a completed application for
township assistance or does not grant or deny a completed application
for township assistance within the period required by statute, the
application is considered denied, and the denial may be appealed to the
board of county commissioners. (2) Provides that after December 31,
2014, the total compensation and benefits paid to a township board
member may not exceed $5,000 per year. (3) Specifies that each
township office must include the address and phone number of the
township office in at least one local telephone directory. (4) Requires
all township trustees to maintain a telephone answering service and
respond to inquiries within a specified time. (5) Requires a public
hearing of a township legislative body to be held in a public place if
one is available in the township. (6) Provides that if the township board
fails to adopt township standards for two years, the DLGF may not
approve the township budget and levy, and township board members
may not receive any salary until the standards are adopted. (7) Provides
that if the township trustee fails to file the township standards with the
board of county commissioners for two years, the DLGF may not
approve the township's budget and levy and the township trustee may
not receive any salary until the standards are filed. (8) Provides that a
township trustee may receive rental payments from the township only
for use of office space located in the trustee's private residence if the
space is used exclusively for conducting official township business and
the rental payments do not exceed the rate charged for comparable
commercial office space. Specifies that the annual report of a local
governmental unit must be filed with the state board of accounts not
later than March 1 of each fiscal year. Provides that an individual who
is an immediate family member of an officer or employee of a political
subdivision may not be employed by the political subdivision in a
position in which the individual would have a direct supervisory or
subordinate relationship with the officer or employee who is the
individual's immediate family member. Specifies that this provision
does not require the termination or reassignment of a township
employee from a position held by that individual before January 1,
2011.
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) the office of township board; or
(2) the office of township trustee;
in a township described in IC 36-6-1.1-3 must reside in the area of the township that is in unincorporated territory or is within a municipality that is located in the township and has a population of less than ten thousand (10,000).
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)). This clause does not apply to elections in 2012 and thereafter in a township described in IC 36-6-1.1-4.
(B) Township trustee. This clause does not apply to elections in 2012 and thereafter in a township described in IC 36-6-1.1-4.
(C) Township board member. This clause does not apply to elections in 2012 and thereafter in a township described in IC 36-6-1.1-4.
(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
(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. This subdivision does not apply to elections in 2012 and thereafter in a township described in IC 36-6-1.1-4.
(12) Township board member. This subdivision does not apply to elections in 2012 and thereafter in a township described in IC 36-6-1.1-4.
(13) Township assessor (only in a township referred to in IC 36-6-5-1(d)). This subdivision does not apply to elections in 2012 and thereafter in a township described in IC 36-6-1.1-4.
(14) Judge of a small claims court.
(15) Constable of a small claims court.
(b) This subsection applies only to a township described in IC 36-6-1.1-4. Notwithstanding subsection (a), the term of office of an individual elected to any of the following offices at the general election in 2010 expires January 1, 2013:
(1) Township trustee.
(2) Township board member.
(3) Township assessor.
This subsection expires July 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)). This clause does not apply to elections in 2012 and thereafter in a township described in IC 36-6-1.1-4.
(B) Township trustee. This clause does not apply to elections in 2012 and thereafter in a township described in IC 36-6-1.1-4.
(C) Township board member. This clause does not apply to elections in 2012 and thereafter in a township described in IC 36-6-1.1-4.
(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.
department of local government finance and approved by the state
board of accounts. The political subdivision shall give notice by
publication to taxpayers of:
(1) the estimated budget;
(2) the estimated maximum permissible levy;
(3) the current and proposed tax levies of each fund; and
(4) the amounts of excessive levy appeals to be requested.
In the notice, the political subdivision shall also state the time and
place at which a public hearing will be held on these items. The notice
shall be published twice in accordance with IC 5-3-1 with the first
publication at least ten (10) days before the date fixed for the public
hearing. Beginning in 2009, the duties required by this subsection must
be completed before September 10 of the calendar year.
(b) The board of directors of a solid waste management district
established under IC 13-21 or IC 13-9.5-2 (before its repeal) may
conduct the public hearing required under subsection (a):
(1) in any county of the solid waste management district; and
(2) in accordance with the annual notice of meetings published
under IC 13-21-5-2.
(c) Except as provided in subsections (d) and (e), the trustee of
each township in the county shall estimate the amount necessary to
meet the cost of township assistance in the township for the ensuing
calendar year. The township board shall adopt with the township
budget a tax rate sufficient to meet the estimated cost of township
assistance. The taxes collected as a result of the tax rate adopted under
this subsection are credited to the township assistance fund.
(d) This subsection expires January 1, 2009. A county shall adopt
with the county budget and the department of local government finance
shall certify under section 16 of this chapter a tax rate sufficient to raise
the levy necessary to pay the following:
(1) The cost of child services (as defined in IC 12-19-7-1) of the
county payable from the family and children's fund.
(2) The cost of children's psychiatric residential treatment
services (as defined in IC 12-19-7.5-1) of the county payable from
the children's psychiatric residential treatment services fund.
A budget, tax rate, or tax levy adopted by a county fiscal body or
approved or modified by a county board of tax adjustment that is less
than the levy necessary to pay the costs described in subdivision (1) or
(2) shall not be treated as a final budget, tax rate, or tax levy under
section 11 of this chapter.
(d) This subsection applies to budgets for calendar years after
2012 and to taxes first due and payable after 2012 for a township
described in IC 36-6-1.1-3. In 2012 and each year thereafter, the
township trustee of each township described in IC 36-6-1.1-3 shall
estimate the amount necessary to meet the cost of providing
township services for the ensuing calendar year in the areas of the
township that are not within a municipality to which township
powers and duties have been transferred under IC 36-6-1.1.
Subject to any applicable limits on the maximum permissible ad
valorem property tax levies for the township, the township board
shall adopt the budget for the township for calendar year 2012 and
thereafter for purposes of providing township services in the areas
of the township that are not within a municipality to which
township powers and duties have been transferred under
IC 36-6-1.1. The taxes collected as a result of the tax rate adopted
under this subsection shall be credited to the appropriate township
fund.
(e) This subsection applies to budgets for calendar years after
2012 and to taxes first due and payable after 2012 for a township
described in IC 36-6-1.1-4. In 2012 and each year thereafter, the
municipal executive shall estimate the amount necessary to meet
the cost of providing township services for the ensuing calendar
year within the municipality. The municipal fiscal body shall adopt
with the municipal budget a tax rate that is:
(1) uniform throughout the part of the township that is within
the municipality; and
(2) sufficient to meet the estimated cost of providing:
(A) in the ensuing year; and
(B) within the part of the township that is within the
municipality;
the services formerly performed by the township and
transferred to the municipality under IC 36-6-1.1-4.
The taxes collected as a result of the tax rate adopted under this
subsection shall be credited to the appropriate municipal funds.
(1) The board of school trustees of a school corporation that is located in a city having a population of more than one hundred five thousand (105,000) but less than one hundred twenty thousand (120,000), not later than:
(A) the time required in section 5.6(b) of this chapter; or
(B) November 1 if a resolution adopted under section 5.6(d) of this chapter is in effect.
(2) The proper officers of all other political subdivisions that are not school corporations, not later than November 1.
(3) The governing body of a school corporation (other than a school corporation described in subdivision (1)) that elects to adopt a budget under section 5.6 of this chapter for budget years beginning after June 30, 2011, not later than the time required under section 5.6(b) of this chapter for budget years beginning after June 30, 2011.
(4) The governing body of a school corporation that is not described in subdivision (1) or (3), not later than November 1.
Except in a consolidated city and county and in a second class city, the public hearing required by section 3 of this chapter must be completed at least ten (10) days before the proper officers of the political subdivision meet to fix the budget, tax rate, and tax levy. In a consolidated city and county and in a second class city, that public hearing, by any committee or by the entire fiscal body, may be held at any time after introduction of the budget.
(b) Ten (10) or more taxpayers may object to a budget, tax rate, or tax levy of a political subdivision fixed under subsection (a) by filing an objection petition with the proper officers of the political subdivision not more than seven (7) days after the hearing. The objection petition must specifically identify the provisions of the budget, tax rate, and tax levy to which the taxpayers object.
(c) If a petition is filed under subsection (b), the fiscal body of the political subdivision shall adopt with its budget a finding concerning the objections in the petition and any testimony presented at the adoption hearing.
(d) This subsection does not apply to a school corporation. Each year at least two (2) days before the first meeting of the county board of tax adjustment held under IC 6-1.1-29-4, a political subdivision shall file with the county auditor:
(1) a statement of the tax rate and levy fixed by the political subdivision for the ensuing budget year;
(2) two (2) copies of the budget adopted by the political subdivision for the ensuing budget year; and
(3) two (2) copies of any findings adopted under subsection (c).
Each year the county auditor shall present these items to the county board of tax adjustment at the board's first meeting under IC 6-1.1-29-4.
(e) In a consolidated city and county and in a second class city, the
clerk of the fiscal body shall, notwithstanding subsection (d), file the
adopted budget and tax ordinances with the county board of tax
adjustment within two (2) days after the ordinances are signed by the
executive, or within two (2) days after action is taken by the fiscal body
to override a veto of the ordinances, whichever is later.
(f) If a fiscal body does not fix the budget, tax rate, and tax levy of
the political subdivisions for the ensuing budget year as required under
this section, the most recent annual appropriations and annual tax levy
are continued for the ensuing budget year.
(g) This subsection applies only to a township. If a township
does not comply with IC 12-20-5.5-1.5, the department may not
approve the budget and levy of the township.
(b) As used in this section, "administrator" means the individual designated to administer township assistance within a municipality.
(c) The municipal executive shall designate an individual to administer township assistance under IC 12-20 and IC 12-30-4 beginning January 1, 2013, throughout the municipality. The administrator is under the supervision of the municipal executive and holds the position at the pleasure of the municipal executive.
(d) The following apply to the administration of township assistance under subsection (c):
(1) A suit or proceeding in favor of or against the administrator concerning township assistance shall be conducted in favor of or against the municipality in the municipality's corporate name.
(2) The administrator is subject to the same privileges and immunities as are accorded to a township trustee under IC 12-20-3.
(3) The administrator shall propose standards for the issuance of township assistance within each township and the processing of applications for township assistance that meet the requirements of IC 12-20-5.5. The standards are effective upon being adopted by the municipal legislative body and filed with the municipal executive.
(4) The administrator has the same powers in the administration of township assistance within the municipality
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 administrator.
(6) The administrator may assert a claim against the estate of
an individual who received township assistance from the
municipality 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 administrator is subject to the same reporting
requirements with respect to township assistance as a
township trustee is subject to under IC 12-20-28.
(8) State and local agencies shall provide the administrator
with the information provided to a township trustee under
IC 12-20-7. The administrator 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
administrator may appeal a decision regarding township
assistance in the same manner that an appeal is taken under
IC 12-20-15.
(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 December
31, 2012, shall be treated as a new application filed with the
municipality on January 1, 2013. The administrator 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 January 1, 2013, but for which assistance has not
been disbursed by the township, shall be disbursed and
administered by the administrator in accordance with the
township's grant of township assistance.
1, 2011]: Sec. 7. (a) This section applies after December 31, 2012,
and applies only to a township that is described in IC 36-6-1.1-3.
(b) In a township subject to this section, the township trustee
shall continue to administer township assistance in the territory
that is not within a municipality to which township powers and
duties have been transferred under IC 36-6-1.1.
(b) The municipality shall establish a township assistance fund.
(c) The fund shall be raised by a tax levy that:
(1) is in addition to all other tax levies authorized; and
(2) shall be levied annually by the municipal fiscal body:
(A) on all taxable property within the municipality; and
(B) in the amount necessary to pay the items, awards, claims, allowances, assistance, and other expenses set forth in the annual municipal budget for township assistance in the part of the township that is located within the municipality.
(d) The tax imposed under this section shall be collected as other municipal ad valorem taxes are collected.
(e) The following shall be paid into the fund:
(1) All receipts from the tax imposed under this section.
(2) Earnings on the money deposited in the fund.
(3) Any other money required by law to be placed in the fund.
(f) The fund is available to pay expenses and obligations set forth in the annual budget.
(g) Money in the fund at the end of a budget year does not revert to the municipal general fund.
(b) Except as provided in subsection (d), the township shall in 2013 and thereafter impose a township assistance transfer property tax levy that:
(1) is in addition to all other tax levies authorized; and
(2) shall be levied annually by the township on all taxable property within the unincorporated territory of the township and within a municipality that is located in the township and
has a population of less than ten thousand (10,000).
(c) The amount of the township assistance transfer property tax
levy is determined under STEP FOUR:
STEP ONE: Determine the result of:
(A) the part of the township's township assistance
expenditures in 2011 that were paid to a recipient residing
within a municipality that is located in the township and
has a population of at least ten thousand (10,000); divided
by
(B) township's total township assistance expenditures in
2011.
STEP TWO: Determine the result of:
(A) the part of the township's 2010 certified assessed
valuation that was for property located within
municipalities located in the township and having a
population of ten thousand (10,000) or more; divided by
(B) the township's total 2010 certified assessed valuation.
STEP THREE: Determine the result of:
(A) the percentage determined in STEP ONE; minus
(B) the percentage determined in STEP TWO.
STEP FOUR: If the result determined in STEP THREE is
positive, determine the result of:
(A) the STEP THREE result; multiplied by
(B) the township's total township assistance expenditures
in 2011.
(d) If the result determined in STEP THREE of subsection (c)
is negative, the township shall not in 2013 and thereafter impose a
township assistance transfer property tax levy under this section.
(e) The tax imposed under this section shall be collected as other
township ad valorem taxes are collected.
(f) All receipts from the tax imposed under this section shall be
transferred to the fiscal officer of each municipality that is located
in the township and has a population of at least ten thousand
(10,000), to be used for township assistance purposes. If within the
township there is more than one (1) municipality that is located in
the township and has a population of at least ten thousand (10,000),
the amount that shall be transferred to the fiscal officer of each
municipality that is located in the township and has a population
of at least ten thousand (10,000) is equal to:
(1) the municipality's 2010 certified assessed valuation;
divided by
(2) the total of the 2010 certified assessed valuation of all
property that was:
(A) within the township; and
(B) within a municipality that is located in the township
and has a population of at least ten thousand (10,000).
(b) The township's standards for the issuance of township assistance and the processing of applications must be:
(1) governed by the requirements of this article;
(2) except as provided in subdivision (3), proposed by the township trustee, adopted by the township board, and filed with the board of county commissioners;
(3) after December 31, 2012, for township assistance provided within a municipality to which township powers and duties have been transferred under IC 36-6-1.1, proposed by the municipal executive and adopted by ordinance of the municipal legislative body;
(b) The township trustee shall file the following with the county auditor not later than December 1 of each year:
(1) A statement:
(A) signed by all members of the township board;
(B) subject to the penalties for perjury; and
(C) stating whether the township board adopted the township's standards for the year preceding the ensuing
calendar year.
(2) A statement by the township trustee:
(A) signed by the township trustee;
(B) subject to the penalties for perjury; and
(C) stating whether the trustee filed the township
standards for the year preceding the ensuing calendar year
with the board of county commissioners.
The county auditor shall forward the statement to the department
of local government finance not later than December 31 each year.
(c) If the township board fails to adopt township standards for
the two (2) years preceding the ensuing year:
(1) the department of local government finance may not
approve the budget and levy of the township; and
(2) township board members may not receive any salary until
the township's standards for the ensuing calendar year are
adopted.
(d) If the township board adopts township standards and the
township trustee fails to file the township standards with the board
of county commissioners under section 1 of this chapter for the two
(2) years preceding the ensuing year:
(1) the department of local government finance may not
approve the budget and levy of the township; and
(2) the township trustee may not receive any salary until the
township's standards for the preceding calendar years are
filed with the board of county commissioners.
(b) To ensure minimum accessibility, a township trustee operating a township assistance office in a township with a population of at least ten thousand (10,000) shall provide scheduled office hours for township assistance and staff each office with an individual qualified to:
(1) determine eligibility; and
(2) issue relief sufficient to meet the township assistance needs of the township.
(c) To meet the requirements of subsection (b), the township trustee shall do the following:
(1) Provide township assistance office hours for at least fourteen
(14) hours per week.
(2) Provide that there is not more than one (1) weekday between
the days the township assistance office is open.
(3) Provide for after hours access to the township assistance office
by use of an answering machine or a service:
(A) capable of taking messages; and
(B) programmed to provide information about township
assistance office hours.
(4) Respond to a telephone inquiry for township assistance
services not more than twenty-four (24) hours, excluding
Saturdays, Sundays, and legal holidays, after receiving the
inquiry.
(5) (3) Post township assistance office hours and telephone
numbers at the entrance to each township assistance office.
(1) provide for after hours access to the township assistance office by use of an answering machine or a service:
(A) capable of taking messages; and
(B) programmed to provide information about township assistance office hours; and
(2) respond to a telephone inquiry for township assistance services not more than twenty-four (24) hours, excluding Saturdays, Sundays, and legal holidays, after receiving the inquiry.
(b) A township trustee or (for standards applicable after December 31, 2012, in a municipality to which township powers and duties have been transferred under IC 36-6-1.1) the municipal legislative body may not consider a Holocaust victim's settlement payment received by an eligible individual when setting income standards under this section.
JULY 1, 2011]: Sec. 7. (a) In a case of emergency, a trustee shall
accept and promptly act upon a completed application from an
individual requesting assistance. In a nonemergency request for
township assistance, the trustee shall act on the completed application
not later than seventy-two (72) hours after receiving the application,
excluding weekends and legal holidays listed in IC 1-1-9. The trustee's
office shall retain a copy of each application and affidavit whether or
not relief is granted.
(b) The actions that a trustee may take on a completed application
for township assistance, except in a case of emergency, are the
following:
(1) Grant assistance.
(2) Deny assistance, including a partial denial of assistance
requested.
(3) Leave the decision pending.
(c) A decision pending determination under subsection (b)(3):
(1) may not remain pending for more than seventy-two (72) hours
after the expiration of the period described in subsection (a); and
(2) must include a statement listing the specific reasons that
assistance is not granted or denied within the period required
under subsection (a).
(d) If a trustee does not:
(1) accept a completed application for township assistance; or
(2) grant or deny a completed application for township
assistance within the period required under this section;
the application is considered denied, and the denial may be
appealed under IC 12-20-15.
(1) is not satisfied with the decision of the township trustee, as administrator of township assistance; or
(2) has had an application denied under IC 12-20-6-7(d);
the applicant or recipient may appeal to the board of commissioners.
(1) of issuance by the township trustee of adequate written notice of the denial of township assistance as provided by IC 12-20-6-8; or
(2) the application is denied under IC 12-20-6-7(d).
An appeal must be made in writing or orally as required by the board of commissioners.
(1) after December 31, 2012, the township board may continue to exercise the powers and duties of the township board under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may continue to exercise the powers and duties of the township trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township and to which township powers and duties have been transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter; and
(B) the municipal legislative and fiscal body shall after December 31, 2012, exercise the powers and duties of the township board under this chapter.
(1) after December 31, 2012, the township board may continue to exercise the powers and duties of the township board under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may continue to exercise the powers and duties of the township trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has
a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township
and to which township powers and duties have been
transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012,
exercise the powers and duties of the township trustee
under this chapter; and
(B) the municipal legislative and fiscal body shall after
December 31, 2012, exercise the powers and duties of the
township board under this chapter.
(b) The governing body of a city, town, township, or county by the
governing body's action or in any combination may do the following:
(1) Establish, operate, and maintain emergency medical services.
(2) Levy taxes under and limited by IC 6-3.5 and expend
appropriated funds of the political subdivision to pay the costs
and expenses of establishing, operating, maintaining, or
contracting for emergency medical services.
(3) Except as provided in section 2 of this chapter, authorize,
franchise, or contract for emergency medical services. However:
(A) a county may not provide, authorize, or contract for
emergency medical services within the limits of any city
without the consent of the city; and
(B) a city or town may not provide, authorize, franchise, or
contract for emergency medical services outside the limits of
the city or town without the approval of the governing body of
the area to be served.
(4) Apply for, receive, and accept gifts, bequests, grants-in-aid,
state, federal, and local aid, and other forms of financial
assistance for the support of emergency medical services.
(5) Establish and provide for the collection of reasonable fees for
emergency ambulance services the governing body provides
under this chapter.
(6) Pay the fees or dues for individual or group membership in
any regularly organized volunteer emergency medical services
association on their own behalf or on behalf of the emergency
medical services personnel serving that unit of government.
(1) after December 31, 2012, the township board may continue to exercise the powers and duties of the township board under
this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has
a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may
continue to exercise the powers and duties of the township
trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has
a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township
and to which township powers and duties have been
transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012,
exercise the powers and duties of the township trustee
under this chapter; and
(B) the municipal legislative and fiscal body shall after
December 31, 2012, exercise the powers and duties of the
township board under this chapter.
(a) (b) Except as provided in subsection (b), (c), all costs that are
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 December 31, 2012, in the case of a municipality that
is located in the township and to which township powers and
duties have been transferred under IC 36-6-1.1, by the
municipality against which the application form is issued
from funds in the municipality's township assistance fund
established under IC 12-20-1-8;
and not otherwise appropriated without appropriations.
(b) (c) A township is not responsible for paying for biologicals as
provided in subsection (a)(2) (b) 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.
(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,
(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 (after December 31, 2012, in the case of a municipality that is located in the township and to which township powers and duties have been transferred under IC 36-6-1.1) an administrator appointed under IC 12-20-1-6; 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).
(1) after December 31, 2012, the township board may continue to exercise the powers and duties of the township board under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may continue to exercise the powers and duties of the township trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township and to which township powers and duties have been transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter; and
(B) the municipal legislative and fiscal body shall after December 31, 2012, exercise the powers and duties of the township board under this chapter.
(b) The notice required under subsection (a) must be served by reading the notice to the owner or by leaving a copy of the notice at the owner's usual place of residence.
(c) If the owner is not a resident of the township, county, or state
where the hedge, live fence, or other obstructions or growth is located,
the notice shall be served upon the owner's agent or tenant residing in
the township. If an agent or a tenant of the owner does not reside in the
township, the notice shall be served by mailing a copy of the notice to
the owner, directed to the owner's last known post office address.
(d) If the owner, agents, or tenants do not proceed to cut and trim
the fences and burn the brush trimmed from the fences or remove any
obstructions or growths within ten (10) days after notice is served, the
township trustee, county highway superintendent, or Indiana
department of transportation shall immediately:
(1) cause the fences to be cut and trimmed or obstructions or
growths removed in accordance with this chapter; and
(2) burn the brush trimmed from the fences.
All expenses incurred under this subsection shall be assessed against
and become a lien upon the land in the same manner as road taxes.
(e) The township trustee, county highway superintendent, or Indiana
department of transportation having charge of the work performed
under subsection (d) shall prepare an itemized statement of the total
cost of the work of removing the obstructions or growths and shall sign
and certify the statement to the county auditor of the county in which
the land is located. The county auditor shall place the statement on the
tax duplicates. The county treasurer shall collect the costs entered on
the duplicates at the same time and in the same manner as road taxes
are collected. The treasurer may not issue a receipt for road taxes
unless the costs entered on the duplicates are paid in full at the same
time the road taxes are paid. If the costs are not paid when due, the
costs shall become delinquent, bear the same interest, be subject to the
same penalties, and be collected at the same time and in the same
manner as other unpaid and delinquent taxes.
(f) In the case of a township described in IC 36-6-1.1-3 or
IC 36-6-1.1-4:
(1) after December 31, 2012, the township board may continue
to exercise the powers and duties of the township board under
this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has
a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may
continue to exercise the powers and duties of the township
trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has
a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township
and to which township powers and duties have been
transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012,
exercise the powers and duties of the township trustee
under this chapter; and
(B) the municipal legislative and fiscal body shall after
December 31, 2012, exercise the powers and duties of the
township board under this chapter.
(1) after December 31, 2012, the township board may continue to exercise the powers and duties of the township board under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may continue to exercise the powers and duties of the township trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township and to which township powers and duties have been transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter; and
(B) the municipal legislative body and fiscal body shall after December 31, 2012, exercise the powers and duties of the township board under this chapter.
trustee clerk of the city-county council shall give ten (10) days notice
of all hearings held under section 7 of this chapter in one (1) or more
newspapers of general circulation in the county.
(1) whether a small claims court shall be established or abolished in the township if the township has a population of less than fifteen thousand (15,000) persons;
(2) whether the small claims court if any, shall function full time or part time;
(3) the location of the small claims court courtroom and offices under IC 33-34-6-1; and
(4) other relevant matters.
(b) The salary of each judge who serves part time must be in an amount
(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
(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.
resignation of a judge shall be delivered to the clerk of the circuit court.
The clerk shall advise the circuit court. and appropriate township
board.
(b) A vacancy occurring in a judgeship must be filled under
IC 3-13-10.
(b) The written appointment shall be entered on the order book or record of the circuit court. The appointee shall, after taking the oath prescribed for the judges, conduct the business of the small claims court subject to the same rules and regulations as judges and has the same authority during the continuance of the appointee's appointment.
(c) The appointee is entitled to the same compensation from the
(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.
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. Each township
The city-county council shall provide an appropriate and competitive
salary of at least five thousand six hundred dollars ($5,600) for the
number of clerks for the small claims court sufficient to:
(1) operate efficiently; and
(2) adequately serve the citizens doing business with the court.
(1) 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
(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 the
township county general fund of the township in which the court is
located. 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 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) shall be:
(1) deposited in the county general fund and credited to the
small claims court account described in section 5 of this
chapter; and
(2) used by the county:
(A) to fund the operations of the small claims court, in the
trustee's township. including the payment of salaries of
persons who serve process for the small claims courts; and
(B) if any funds remain during a fiscal year after the
payment of expenses under clause (A), to fund public safety
programs in the county as determined by the city-county
council.
Chapter.1.1. Transfer of Township Powers and Duties
Sec. 1. Except as specifically provided, this chapter applies after December 31, 2012, to townships described in section 2 of this chapter.
Sec. 2. This chapter applies to each township that has any of the township's territory located within:
(1) a county containing a consolidated city; or
(2) one (1) or more municipalities, each with a population of at least ten thousand (10,000).
Sec. 3. (a) This section applies to a township that:
(1) is not located in a county having a consolidated city; and
(2) has any of the township's territory located within one (1) or more municipalities with a population of at least ten thousand (10,000); and
(3) also contains territory that:
(A) is unincorporated; or
(B) is located in a municipality with a population of less than ten thousand (10,000).
(b) In the case of a township subject to this section:
(1) after December 31, 2012, the township board may continue to exercise the powers and duties of the township board only in:
(A) any unincorporated area of the township; and
(B) a municipality with a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may continue to exercise the powers and duties of the township trustee only in:
(A) any unincorporated area of the township; and
(B) a municipality with a population of less than ten thousand (10,000);
(3) within each municipality that is located in the township and has a population of at least ten thousand (10,000), the powers and duties of a township under this chapter are transferred to the municipality on January 1, 2013; and
(4) within each municipality that is located in the township and has a population of at least ten thousand (10,000):
(A) the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee; and
(B) the municipal legislative and fiscal body shall after December 31, 2012, exercise the powers and duties of the township board.
Sec. 4. (a) This section applies to a township that:
(1) has all of the township's territory located within:
(A) a county containing a consolidated city; or
(B) one (1) or more municipalities, each with a population of at least ten thousand (10,000); and
(2) in the case of a township to which subdivision (1)(B) applies, does not contain territory that:
(A) is unincorporated; or
(B) is located in a municipality with a population of less than ten thousand (10,000).
(b) In the case of a township subject to this section:
(1) after December 31, 2012, the municipal fiscal body is the fiscal body of the township and shall exercise throughout that part of the township located within the municipality the fiscal powers and duties assigned in the Indiana Code or the Indiana Administrative Code to township boards;
(2) after December 31, 2012, the municipal legislative body is the legislative body of the township and shall exercise throughout that part of the township located within the municipality legislative powers and duties assigned in the Indiana Code or the Indiana Administrative Code to township boards;
(3) after December 31, 2012, the municipal executive is the executive of the township and shall exercise throughout that part of the township located within the municipality the executive powers and duties assigned in the Indiana Code or the Indiana Administrative Code to township executives;
(4) on January 1, 2013, the legislative functions, duties, and responsibilities of the township board are transferred to the municipal legislative body, the fiscal functions, duties, and responsibilities of the township board are transferred to the municipal fiscal body, the functions, duties, and responsibilities of the township assessor (if any) are transferred to the county assessor, and the functions, duties, and responsibilities of the township trustee are transferred to the municipal executive;
(5) the offices of township trustee, township board, and township assessor (if any) in the township are abolished in the township on January 1, 2013; and
(6) the terms of each township trustee, township board member, and township assessor (if any) expire January 1, 2013, and the officials are not entitled to any compensation
for actions taken after December 31, 2012.
(c) In the case of a county having a consolidated city, the fire
department of each township that has not as of December 31, 2012,
consolidated its fire department under IC 36-3-1-6.1 is on January
1, 2012, consolidated into the fire department of the consolidated
city as provided in IC 36-3-1-6.1 without the requirement of any
approvals from the township executive and township legislative
body or from the executive of the consolidated city or the
legislative body of the consolidated city.
(d) In the case of a township that is located within the county
having a consolidated city or that has all of the township's territory
located within only one (1) municipality with a population of at
least ten thousand (10,000), on January 1, 2013, all:
(1) assets;
(2) property rights;
(3) equipment;
(4) records; and
(5) contracts;
connected with the operations of township government are
transferred to the consolidated city or the municipality.
(e) In the case of a township that has all of its territory located
within two (2) or more municipalities, each with a population of at
least ten thousand (10,000), on January 1, 2013, all:
(1) assets;
(2) property rights;
(3) equipment;
(4) records; and
(5) contracts;
connected with the operations of township government are
transferred to the municipalities as determined by the department
of local government finance.
Sec. 5. The entire territory of the township subject to this
chapter comprises a separate taxing district for the payment of
township indebtedness or lease rental obligations existing as of
January 1, 2013.
Sec. 6. (a) The abolishment of the office of a township trustee,
township board, or township assessor (if any) under section 4 of
this chapter does not invalidate any resolutions, fees, schedules,
appointments, or other actions adopted, taken, or made by the
township trustee, township board, or township assessor before
January 1, 2013.
(b) Except as specifically provided, if the powers and duties of
a township board, township trustee, or township assessor are
transferred under section 3 or 4 of this chapter to a municipal
executive, municipal legislative body, or municipal fiscal body or
to a county assessor, after December 31, 2012, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code; or
(3) in any resolution or ordinance;
to the township board for fiscal powers and duties shall be
considered a reference to the municipal fiscal body, any reference
to the township board for legislative powers and duties shall be
considered a reference to the municipal legislative body, any
reference to the township trustee shall be considered a reference to
the municipal executive, and any reference to the township assessor
shall be considered a reference to the county assessor.
Sec. 7. The department of local government finance shall adjust
the maximum permissible property tax levies, maximum
permissible property tax rates, and budgets of:
(1) each township from which powers, duties, and obligations
are transferred under this chapter; and
(2) each municipality or county to which powers, duties, and
obligations are transferred under this chapter;
as the department of local government finance determines
necessary to account for the transfers of those duties, powers, and
obligations.
(b) A township government described in subsection (a) must before January 1, 2014, merge with another township government under this chapter.
(c) If a township government described in subsection (a) does not merge before January 1, 2014, with another township government as required by subsection (b), the township government is by operation of law merged on January 1, 2014, with the township government of the township that has the greatest population of all contiguous townships in the county. Notwithstanding any other provision of this chapter, a merger under this subsection takes effect January 1, 2014, without the requirement that:
(1) any resolutions be presented by the township trustees or adopted by the township legislative bodies; or
(2) any ordinances be approved by the county legislative body.
(b) Each item of expenditure must be accompanied by the verified voucher of the person to whom the sum was paid, stating:
(1) why the payment was made;
(2) that the receipt is for the exact sum received;
(3) that no part of the sum has been retained by the executive; and
(4) that no part of the sum has been or is to be returned to the executive or any other person.
The executive may administer oaths to persons giving these receipts.
(c) The report described in subsection (a) must separately list each expenditure that is made to reimburse the executive for the executive's use of the executive's private residence. The report must compare the square footage rate charged by the executive for rent of the office space in the executive's residence with the average square footage rate charged for comparable commercial office space in:
(1) the township; or
(2) the county seat of the county where the township is primarily located, if comparable commercial office space is not available in the township.
(1) the report shows all sums received by
(2) the expenditures credited have been fully paid in the sums stated, without express or implied agreement that any part of the sums is to be retained by or returned to the executive or any other person; and
(3) the executive has received no money or other property in consideration of any contract entered into on behalf of the township.
county auditor's office. The legislative body may, for the benefit of the
township, bring a civil action against the executive if the executive fails
to file the report within ten (10) days after the legislative body's action.
The legislative body may recover five dollars ($5) for each day beyond
the time limit for filing the report, until the report is filed.
(b) An executive is entitled to receive the following:
(1) The executive's salary.
(2) Reimbursement for expenses that are reasonably incurred by the executive for the following:
(A) The operation of the executive's office.
(B) Travel and meals while attending seminars or conferences on township matters.
(C) A sum for mileage as permitted under IC 36-6-8-3(b).
The executive may not make any other personal use of township funds without prior approval by the legislative body of the township.
(c) This subsection applies if the executive's office is located in the executive's personal residence. The executive may receive rental payments from the township for use of the office space only if it is used exclusively for the conduct of official township business. An executive may not receive a rental payment for office space at a square footage rate that exceeds the average square footage rate charged for comparable commercial office space in:
(1) the township; or
(2) the county seat of the county where the township is primarily located, if comparable commercial office space is not available in the township.
The executive shall include the information regarding rental payments in the annual report described in section 12 of this chapter.
(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, if there is a township assessor
for a township described in IC 36-6-1.1-4, the following occur on
January 1, 2013:
(1) The powers and duties of the township assessor are
transferred to the county assessor.
(2) The office of township assessor is eliminated.
(3) The term of the township assessor is terminated.
(b) A public meeting or a public hearing of a township legislative body must be held in a public place if one is available in the township.
(b) The legislative body may send for persons, books, and papers necessary in the examination of the report. A member may administer oaths necessary in the examination of the report.
(c) Any sum in the control of the executive that remains unexpended and is subject to no liability shall be credited in favor of the fund for which it was appropriated.
(d) Any fund expended, in whole or in part, for a purpose for which it was not appropriated shall be considered unexpended and in the control of the executive, who is liable on his bond for such an expenditure.
(e) When its examination of the report is completed, the legislative body shall take action on the report, specifying the parts of the report that are altered or disallowed. The report remains under the control of the legislative body and in custody of its chairman, who shall keep it open to inspection by taxpayers of the township.
(f) The annual report must be filed with the state board of accounts as required under IC 5-11-1-4 not later than March 1 of each year.
to the appropriation of money to pay a deputy or an employee of a
township assessor with assessment duties or to an elected township
assessor.
(b) The township legislative body shall fix the:
(1) salaries;
(2) wages;
(3) rates of hourly pay; and
(4) remuneration other than statutory allowances;
of all officers and employees of the township.
(c) Subject to subsection (d), the township legislative body may
reduce the salary of an elected or appointed official. However, except
as provided in subsection subsections (h) and (i), the official is entitled
to a salary that is not less than the salary fixed for the first year of the
term of office that immediately preceded the current term of office.
(d) Except as provided in subsection (h), the township legislative
body may not alter the salaries of elected or appointed officers during
the fiscal year for which they are fixed, but it may add or eliminate any
other position and change the salary of any other employee, if the
necessary funds and appropriations are available.
(e) If a change in the mileage allowance paid to state officers and
employees is established by July 1 of any year, that change shall be
included in the compensation fixed for the township executive and
assessor under this section, to take effect January 1 of the next year.
However, the township legislative body may by ordinance provide for
the change in the sum per mile to take effect before January 1 of the
next year.
(f) The township legislative body may not reduce the salary of the
township executive without the consent of the township executive
during the term of office of the township executive as set forth in
IC 36-6-4-2.
(g) This subsection applies when a township executive dies or
resigns from office. The person filling the vacancy of the township
executive shall receive at least the same salary the previous township
executive received for the remainder of the unexpired term of office of
the township executive (as set forth in IC 36-6-4-2), unless the person
consents to a reduction in salary.
(h) In a year in which there is not an election of members to the
township legislative body, the township legislative body may by
unanimous vote reduce the salaries of the members of the township
legislative body by any amount.
(i) Beginning January 1, 2015, the salary paid to a township
board member may not exceed five thousand dollars ($5,000) per
year. Notwithstanding subsection (h), if necessary in order to
comply with this subsection, a township legislative body shall vote
in 2014 to reduce the salaries of the members of the township
legislative body effective January 1, 2015. The salary reduction
shall be made by a majority vote of the township legislative body.
Chapter 9. Employment of Immediate Family Members
Sec. 1. This chapter does not apply to a government employee receiving less than ten thousand dollars ($10,000) in salary annually from the political subdivision.
Sec. 2. As used in this chapter, "government employee" means an individual who is employed by a unit on a full-time, a part-time, a temporary, an intermittent, or an hourly basis.
Sec. 3. As used in this chapter, "immediate family member" means a spouse, child, stepchild, parent, or stepparent of an employee, including adoptive relationships.
Sec. 4. As used in this chapter, "political subdivision" means a county, city, town, township, school corporation, public library, local housing authority, fire protection district, public transportation corporation, local building authority, local hospital authority or corporation, local airport authority, special service district, special taxing district, or other type of local governmental corporate entity.
Sec. 5. Beginning January 1, 2015, an individual who is an immediate family member of an officer or employee of a political subdivision may not be employed by the political subdivision in a position in which the individual would have a direct supervisory or subordinate relationship with the officer or employee who is the individual's immediate family member.
Sec. 6. This chapter does not require the termination or reassignment of any employee of a subdivision from any position held by that individual before January 1, 2011.
(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 who:
(1) is covered by this chapter before a consolidation under IC 36-3-1-6.1; and
(2) becomes a member of a fire department of a consolidated city under IC 36-3-1-6.1;
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.
(e) A firefighter who:
(1) as of December 31, 2012, is a member of the 1937 fund as a firefighter with a township fire department; and
(2) after the transfer of township government powers and duties under IC 36-6-1.1, becomes a member of a municipal fire department;
is covered by this chapter after the firefighter becomes a member of the municipal fire department, and the firefighter's service as a member of a township fire department that was covered under this chapter before January 1, 2014, is considered active service under this chapter.
(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, 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 firefighter who:
(A) as of December 31, 2012, is a member of the 1977 fund as a firefighter with a township fire department; and
(B) after the transfer of township government powers and duties under IC 36-6-1.1, becomes a member of a municipal fire department;
except as provided by section 7 of this chapter.
(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;
(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; 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;
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 law enforcement department or fire department of a consolidated city; 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) as of December 31, 2012, is a member of the 1977 fund as a firefighter with a township fire department; and
(2) after the transfer of township government powers and
duties under IC 36-6-1.1, becomes a member of a municipal
fire department;
is a member of the 1977 fund without meeting the requirements
under sections 19 and 21 of this chapter. A firefighter described in
this subsection is entitled to receive credit for all years of service as
a member of the 1977 fund before becoming a member of the
municipal fire department.
(m) (n) A police officer or firefighter who is a member of the 1977
fund under subsection (k), or (l), or (m) may not be:
(1) retired for purposes of section 10 of this chapter; or
(2) disabled for purposes of section 12 of this chapter;
solely because of a change in employer under the consolidation.
(b) In the case of a township described in IC 36-6-1.1-3 or IC 36-6-1.1-4:
(1) after December 31, 2012, the township board may continue to exercise the powers and duties of the township board under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may continue to exercise the powers and duties of the township trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township and to which township powers and duties have been transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter; and
(B) the municipal legislative body and fiscal body shall after December 31, 2012, exercise the powers and duties of the township board under this chapter.
applies to all units except counties.
(b) In the case of a township described in IC 36-6-1.1-3 or
IC 36-6-1.1-4:
(1) after December 31, 2012, the township board may continue
to exercise the powers and duties of the township board under
this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has
a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may
continue to exercise the powers and duties of the township
trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has
a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township
and to which township powers and duties have been
transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012,
exercise the powers and duties of the township trustee
under this chapter; and
(B) the municipal legislative body and fiscal body shall
after December 31, 2012, exercise the powers and duties of
the township board under this chapter.
(b) In the case of a township described in IC 36-6-1.1-3 or IC 36-6-1.1-4:
(1) after December 31, 2012, the township board may continue to exercise the powers and duties of the township board under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may continue to exercise the powers and duties of the township trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has
a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township
and to which township powers and duties have been
transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012,
exercise the powers and duties of the township trustee
under this chapter; and
(B) the municipal legislative body and fiscal body shall
after December 31, 2012, exercise the powers and duties of
the township board under this chapter.
(b) In the case of a township described in IC 36-6-1.1-3 or IC 36-6-1.1-4:
(1) after December 31, 2012, the township board may continue to exercise the powers and duties of the township board under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may continue to exercise the powers and duties of the township trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township and to which township powers and duties have been transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter; and
(B) the municipal legislative body and fiscal body shall after December 31, 2012, exercise the powers and duties of the township board under this chapter.
(b) In the case of a township described in IC 36-6-1.1-3 or IC 36-6-1.1-4:
(1) after December 31, 2012, the township board may continue
to exercise the powers and duties of the township board under
this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has
a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may
continue to exercise the powers and duties of the township
trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has
a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township
and to which township powers and duties have been
transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012,
exercise the powers and duties of the township trustee
under this chapter; and
(B) the municipal legislative body and fiscal body shall
after December 31, 2012, exercise the powers and duties of
the township board under this chapter.
( b) In the case of a township described in IC 36-6-1.1-3 or IC 36-6-1.1-4:
(1) after December 31, 2012, the township board may continue to exercise the powers and duties of the township board under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may continue to exercise the powers and duties of the township trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township and to which township powers and duties have been transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee
under this chapter; and
(B) the municipal legislative body and fiscal body shall
after December 31, 2012, exercise the powers and duties of
the township board under this chapter.
(1) after December 31, 2012, the township board may continue to exercise the powers and duties of the township board under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000);
(2) after December 31, 2012, the township trustee may continue to exercise the powers and duties of the township trustee under this chapter only in:
(A) any unincorporated area of the township; and
(B) a municipality that is located in the township and has a population of less than ten thousand (10,000); and
(3) within each municipality that is located in the township and to which township powers and duties have been transferred under IC 36-6-1.1:
(A) the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter; and
(B) the municipal legislative body and fiscal body shall after December 31, 2012, exercise the powers and duties of the township board under this chapter.
