Bill Text: IN HB1434 | 2011 | Regular Session | Introduced
Bill Title: Township government.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Government and Regulatory Reform [HB1434 Detail]
Download: Indiana-2011-HB1434-Introduced.html
Citations Affected: IC 3-5-2-25; IC 3-10; IC 3-11-2-12;
IC 6-1.1-17-3; IC 12-20; IC 13-11-2-86; IC 15-16-8-0.5; IC 16-31-5-1;
IC 16-41-19-7; IC 23-14; IC 32-26; IC 36-1; IC 36-6; IC 36-8;
IC 36-9-17.5-1; IC 36-10; IC 36-12.
Synopsis: Township government. Provides that in a township containing one or more municipalities (other than a township located in Marion County), after December 31, 2012: (1) the municipal fiscal body and legislative body is the fiscal and legislative body of the township; (2) the township trustee may continue to exercise the powers and duties of the township trustee only in the unincorporated area of the township; (3) within each municipality located in the township, the municipal executive shall exercise the powers and duties otherwise granted to the township trustee; and (4) the functions, duties, and responsibilities of the township assessor (if any) are transferred to the county assessor. Specifies that the offices of township board and township assessor (if any) of such a township are abolished on January 1, 2013. Specifies that if such a township contains more than one municipality: (1) the legislative and fiscal body of each municipality shall act as the township legislative and fiscal body for purposes of carrying out township functions within that municipality; and (2) the legislative and fiscal body of the municipality containing the greatest part of the township's population shall act as the township legislative and fiscal body for purposes of carrying out township functions in that municipality and in the unincorporated parts of the township. Provides that in a township that has all of the township's territory located within
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Government and Regulatory
Reform.
Digest Continued
only one municipality (other than a township in Marion County) after
December 31, 2012: (1) the municipal fiscal and legislative body is the
fiscal and legislative body of the township; (2) the municipal executive
body is the executive of the township and shall exercise throughout the
township the executive powers and duties assigned to township
trustees; and (3) the functions, duties, and responsibilities of the
township assessor (if any) are transferred to the county assessor.
Specifies that the offices of township trustee, township board, and
township assessor (if any) of such a township are abolished on January
1, 2013. Requires the department of local government finance 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 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.
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 county council, for a county not having a consolidated city;
(2) the city-county council, for a consolidated city or county having a consolidated city;
(3) the common council, for a second or third class city;
(4) the town council, for a town;
(5)
(A) except as provided in clause (B), the township board; and
(B) after December 31, 2012, for a township described in IC 36-6-1.1-3 or IC 36-6-1.1-4, the municipal fiscal body designated as the fiscal body of the township; or
(6) the governing body or budget approval body, for any other
political subdivision.
For paper ballots, print: To vote for a person, make a voting mark (X or .) on or in the box before the person's name in the proper column. For optical scan ballots, print: To vote for a person, darken or shade in the circle, oval, or square (or draw a line to connect the arrow) that precedes the person's name in the proper column. For optical scan ballots that do not contain a candidate's name, print: To vote for a person, darken or shade in the oval that precedes the number assigned to the person's name in the proper column. For electronic voting systems, print: To vote for a person, touch the screen (or press the button) in the location indicated.
Vote for one (1) only
Representative in Congress
[] (1) AB __________
[] (2) CD __________
[] (3) EF __________
[] (4) GH __________
(b) The offices with candidates for nomination shall be placed on the primary election ballot in the following order:
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Circuit court clerk.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)). This clause does not apply to elections in 2012 and thereafter in a township described in IC 36-6-1.1-3 or 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 36-6-1.1-3 or 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 36-6-1.1-3 or 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 36-6-1.1-3
or 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 36-6-1.1-3. 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 board member.
(2) Township assessor.
This subsection expires July 1, 2014.
(c) 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, 2014.
(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 36-6-1.1-3 or 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 36-6-1.1-3 or 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.
SECTION 114, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The proper officers of a
political subdivision shall formulate its estimated budget and its
proposed tax rate and tax levy on the form prescribed by the
department of local government finance and approved by the state
board of accounts. The political subdivision shall give notice by
publication to taxpayers of:
(1) the estimated budget;
(2) the estimated maximum permissible levy;
(3) the current and proposed tax levies of each fund; and
(4) the amounts of excessive levy appeals to be requested.
In the notice, the political subdivision shall also state the time and
place at which a public hearing will be held on these items. The notice
shall be published twice in accordance with IC 5-3-1 with the first
publication at least ten (10) days before the date fixed for the public
hearing. Beginning in 2009, the duties required by this subsection must
be completed before September 10 of the calendar year.
(b) The board of directors of a solid waste management district
established under IC 13-21 or IC 13-9.5-2 (before its repeal) may
conduct the public hearing required under subsection (a):
(1) in any county of the solid waste management district; and
(2) in accordance with the annual notice of meetings published
under IC 13-21-5-2.
(c) 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
unincorporated areas of the township. Subject to any applicable
limits on the maximum permissible ad valorem property tax levies
for the township, the municipal fiscal body designated as the fiscal
body of the township shall adopt the budget for the township for
calendar year 2012 and thereafter for purposes of providing
township services in the unincorporated areas of the township. The
fiscal body of each municipality located in the township shall adopt
the budget for the township for calendar year 2012 and thereafter
for purposes of providing township services within that
municipality. The taxes collected as a result of the tax rate adopted
under this subsection shall be credited to the appropriate township
or municipal 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.
IC 36-6-1.1-4.
(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) is described in IC 36-6-1.1-3; and
(2) contains unincorporated territory.
(b) In a township subject to this section:
(1) the township trustee shall continue to administer township assistance in the unincorporated areas (if any) of the township; and
(2) the municipal legislative body designated as the legislative body of the township shall adopt standards for the issuance of township assistance within the unincorporated areas of the 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.
1, 2011]: Sec. 8. (a) This section applies only to a municipality
containing all or part of a township described in IC 36-6-1.1-3 or
IC 36-6-1.1-4.
(b) As used in this section, "fund" means a township assistance
fund established under subsection (c).
(c) A municipality described in subsection (a) shall establish a
township assistance fund.
(d) 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.
(e) The tax imposed under this section shall be collected as other
municipal ad valorem taxes are collected.
(f) 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.
(g) The fund is available to pay expenses and obligations set
forth in the annual budget.
(h) Money in the fund at the end of a budget year does not
revert to the municipal general fund.
(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:
(A) proposed by the township trustee and adopted by ordinance of the municipal legislative body, in the case of a township described in IC 36-6-1.1-3; and
(B) proposed by the municipal executive and adopted by ordinance of the municipal legislative body, in the case of a township described in IC 36-6-1.1-4;
(b) A township trustee or (for standards applicable after December 31, 2012, in a municipality described in IC 36-6-1.1-3 or IC 36-6-1.1-4) municipal legislative body may not consider a Holocaust victim's settlement payment received by an eligible individual when setting income standards under this section.
(1) the county council, for a county not having a consolidated city;
(2) the city-county council of a consolidated city and county;
(3) the common council of a city;
(4) the town council of a town;
(5)
(A) except as provided in clause (B), the township board; and
(B) after December 31, 2012, for a township described in IC 36-6-1.1-3 or IC 36-6-1.1-4, the municipal fiscal body designated as the fiscal body of the township; or
(6) the board of directors of a conservancy district.
(1) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal
legislative and fiscal body on January 1, 2013;
(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 the unincorporated area of
the township; and
(3) within each municipality located in the township, the
municipal executive shall after December 31, 2012, exercise
the powers and duties of the township trustee under this
chapter.
(b) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this chapter are
transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal
body under this chapter are transferred to the municipal
legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this
chapter are transferred to the municipal executive on January
1, 2013.
(1) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013;
(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 the unincorporated area of the township; and
(3) within each municipality located in the township, the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter.
(b) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this chapter are transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this chapter are transferred to the municipal executive on January 1, 2013.
(c) 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) the powers and duties of the township legislative and fiscal body under this section are transferred to the municipal legislative and fiscal body on January 1, 2013;
(2) after December 31, 2012, the township trustee may continue to exercise the powers and duties of the township trustee under this section only in the unincorporated area of the township; and
(3) within each municipality located in the township, the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this section.
(b) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this section are
transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal
body under this section are transferred to the municipal
legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this
section are transferred to the municipal executive on January
1, 2013.
(a) (c) Except as provided in subsection (b), (d), 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
containing all or part of township described in IC 36-6-1.1-3
or IC 36-6-1.1-4, 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) (d) A township is not responsible for paying for biologicals as
provided in subsection (a)(2) (c) if the township trustee has evidence
that the individual has the financial ability to pay for the biologicals.
(c) (e) After being presented with a legal claim for insulin being
furnished to the same individual a second time, a township trustee may
require the individual to complete and file a standard application for
township assistance in order to investigate the financial condition of the
individual claiming to be indigent. The trustee shall immediately notify
the individual's physician that:
(1) the financial ability of the individual claiming to be indigent
is in question; and
(2) a standard application for township assistance must be filed
with the township.
The township shall continue to furnish insulin under this section until
the township trustee completes an investigation and makes a
determination as to the individual's financial ability to pay for insulin.
(d) (f) For purposes of this section, the township shall consider an
adult individual needing insulin as an individual and not as a member
of a household requesting township assistance.
following persons, in the priority listed, have the right to serve as an
authorizing agent:
(1) An individual granted the authority to serve in a funeral
planning declaration executed by the decedent under IC 29-2-19,
or the person named in a United States Department of Defense
form "Record of Emergency Data" (DD Form 93) or a successor
form adopted by the United States Department of Defense, if the
decedent died while serving in any branch of the United States
Armed Forces (as defined in 10 U.S.C. 1481) and completed the
form.
(2) An individual granted the authority to serve in a health care
power of attorney executed by the decedent under IC 30-5-5-16.
(3) The individual who was the spouse of the decedent at the time
of the decedent's death.
(4) The decedent's surviving adult children. If more than one (1)
adult child is surviving, any adult child who confirms in writing
that the other adult children have been notified, unless the
crematory authority receives a written objection to the cremation
from another adult child.
(5) The decedent's surviving parent. If the decedent is survived by
both parents, either parent may serve as the authorizing agent
unless the crematory authority receives a written objection to the
cremation from the other parent.
(6) The individual in the next degree of kinship under IC 29-1-2-1
to inherit the estate of the decedent. If more than one (1)
individual of the same degree is surviving, any person of that
degree may serve as the authorizing agent unless the crematory
authority receives a written objection to the cremation from one
(1) or more persons of the same degree.
(7) In the case of an indigent or other individual whose final
disposition is the responsibility of the state, or a township, or
(after December 31, 2012, in a township described in
IC 36-6-1.1-3 or IC 36-6-1.1-4) a municipality, the following
may serve as the authorizing agent:
(A) If none of the persons identified in subdivisions (1)
through (6) are available:
(i) a public administrator, including a responsible township
trustee or the trustee's designee or (after December 31,
2012, in a township described in IC 36-6-1.1-3 or
IC 36-6-1.1-4) 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) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013;
(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 the unincorporated area of the township; and
(3) within each municipality located in the township, the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter.
(b) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this chapter are transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this chapter are transferred to the municipal executive on January 1, 2013.
(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:
(1) the powers and duties of the township legislative and fiscal
body under this chapter are transferred to the municipal
legislative and fiscal body on January 1, 2013;
(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 the unincorporated area of
the township; and
(3) within each municipality located in the township, the
municipal executive shall after December 31, 2012, exercise
the powers and duties of the township trustee under this
chapter.
(g) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this chapter are
transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal
body under this chapter are transferred to the municipal
legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this
chapter are transferred to the municipal executive on January
1, 2013.
(1) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013;
(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 the unincorporated area of
the township; and
(3) within each municipality located in the township, the
municipal executive shall after December 31, 2012, exercise
the powers and duties of the township trustee under this
chapter.
(b) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this chapter are
transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal
body under this chapter are transferred to the municipal
legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this
chapter are transferred to the municipal executive on January
1, 2013.
(1) the county council, for a county not having a consolidated city;
(2) the city-county council, for a consolidated city or county having a consolidated city;
(3) the common council, for a city other than a consolidated city;
(4) the town council, for a town;
(5)
(A) except as provided in clause (B), the township board; and
(B) after December 31, 2012, for a township described in described in IC 36-6-1.1-3 or IC 36-6-1.1-4, the municipal fiscal body designated as the fiscal body of the township;
(6) the governing body or budget approval body, for any other political subdivision that has a governing body or budget approval body; or
(7) the chief executive officer of any other political subdivision that does not have a governing body or budget approval body.
(1) the board of county commissioners, for a county not subject to IC 36-2-3.5 or IC 36-3-1;
(2) the county council, for a county subject to IC 36-2-3.5;
(3) the city-county council, for a consolidated city or county having a consolidated city;
(4) the common council, for a city other than a consolidated city;
(5) the town council, for a town;
(6)
(A) except as provided in clause (B), the township board; and
(B) after December 31, 2012, for a township described in IC 36-6-1.1-3 or IC 36-6-1.1-4, the municipal legislative body designated as the legislative body of the township;
(7) the governing body of any other political subdivision that has a governing body; or
(8) the chief executive officer of any other political subdivision that does not have a governing body.
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. (a) This chapter does not apply to a township located in Marion County.
(b) Except as provided in subsection (a), this chapter applies to each township that has any of the township's territory located within one (1) or more municipalities
Sec. 3. (a) This section does not apply to a township that has all of the township's territory located within only one (1) municipality.
(b) In the case of a township subject to this section:
(1) subject to subsection (c), after December 31, 2012, the municipal fiscal body is the fiscal body of the township and shall exercise throughout the township the fiscal powers and duties assigned in the Indiana Code or the Indiana Administrative Code to township boards;
(2) subject to subsection (c), after December 31, 2012, the
municipal legislative body is the legislative body of the
township and shall exercise throughout the township the
legislative powers and duties assigned in the Indiana Code or
the Indiana Administrative Code to township boards;
(3) the offices of township board and township assessor (if
any) in the township are abolished in the township on January
1, 2013;
(4) subject to subsection (c), 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, and the
functions, duties, and responsibilities of the township assessor
are transferred to the county assessor;
(5) the terms of each 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;
(6) the township trustee may continue to exercise the powers
and duties of the township trustee only in the unincorporated
area of the township (if any); and
(7) within each municipality located in the township, the
municipal executive shall exercise the powers and duties of the
township trustee.
(c) If a township subject to this section contains more than one
(1) municipality:
(1) the legislative and fiscal body of each municipality shall
after December 31, 2012, act as the township legislative and
fiscal body for purposes of the municipality carrying out
township functions within that municipality; and
(2) the legislative and fiscal body of the municipality
containing the greatest part of the township's population shall
after December 31, 2012, act as the township legislative and
fiscal body for purposes of the municipality carrying out
township functions in that municipality and in the
unincorporated parts of the township (if any).
Sec. 4. (a) This section applies to a township that has all of the
township's territory located within only one (1) municipality.
(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 the
township 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 the township the 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 body is
the executive of the township and shall exercise throughout
the township 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 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.
Sec. 5. (a) The abolishment of the office of a township trustee,
township board, or township assessor (if any) under section 3 or 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 or township assessor are transferred under
section 4 or 5 of this chapter to a municipal legislative body or
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 shall be considered a reference to the
municipal fiscal body for fiscal powers and duties, any reference to
the township board for legislative powers and duties shall be
considered a reference to the municipal legislative body, and any
reference to the township assessor shall be considered a reference
to the county assessor.
(c) Except as specifically provided, if the powers and duties of
a township trustee are transferred under section 4 of this chapter
to a municipal executive, 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 trustee shall be considered a reference to the
municipal executive.
Sec. 6. 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 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.
(1) having:
(A) a population of more than eight thousand (8,000); or
(B) an elected township assessor or the authority to elect a township assessor before January 1, 1979; and
(2) in which the number of parcels of real property on January 1, 2008, is at least fifteen thousand (15,000).
(b) Subject to subsection (g), before 2009, a township assessor shall be elected under IC 3-10-2-14 (repealed effective July 1, 2008) in each township:
(1) having a population of more than five thousand (5,000) but not more than eight thousand (8,000), if:
(A) the legislative body of the township, by resolution, declares that the office of township assessor is necessary; and
(B) the resolution is filed with the county election board not
later than the first date that a declaration of candidacy may be
filed under IC 3-8-2; and
(2) in which the number of parcels of real property on January 1,
2008, is at least fifteen thousand (15,000).
(c) Subject to subsection (g), a township government that is created
by merger under IC 36-6-1.5 shall elect only one (1) township assessor
under this section.
(d) Subject to subsection (g), after 2008 a township assessor shall
be elected under IC 3-10-2-13 only by the voters of each township in
which:
(1) the number of parcels of real property on January 1, 2008, is
at least fifteen thousand (15,000); and
(2) the transfer to the county assessor of the assessment duties
prescribed by IC 6-1.1 is disapproved in the referendum under
IC 36-2-15.
(e) The township assessor must reside within the township as
provided in Article 6, Section 6 of the Constitution of the State of
Indiana. The assessor forfeits office if the assessor ceases to be a
resident of the township.
(f) The term of office of a township assessor is four (4) years,
beginning January 1 after election and continuing until a successor is
elected and qualified. However, the term of office of a township
assessor elected at a general election in which no other township
officer is elected ends on December 31 after the next election in which
any other township officer is elected.
(g) A person who runs for the office of township assessor in an
election after June 30, 2008, is subject to IC 3-8-1-23.6.
(h) After June 30, 2008, the county assessor shall perform the
assessment duties prescribed by IC 6-1.1 in a township in which the
number of parcels of real property on January 1, 2008, is less than
fifteen thousand (15,000).
(i) Notwithstanding any other law, on January 1, 2013, in the
case of a township described in IC 36-6-1.1-3 or IC 36-6-1.1-4:
(1) the powers and duties of the township assessor are
transferred to the county assessor;
(2) the office of township assessor is eliminated; and
(3) the term of any township assessor is terminated.
(b) In the case of a township described in IC 36-6-1.1-3:
(1) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013;
(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 the unincorporated area of the township; and
(3) within each municipality located in the township, the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter.
(c) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this chapter are transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this chapter are transferred to the municipal executive on January 1, 2013.
(b) In the case of a township described in IC 36-6-1.1-3:
(1) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013;
(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 the unincorporated area of the township; and
(3) within each municipality located in the township, the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter.
(c) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this chapter are transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this chapter are transferred to the municipal executive on January 1, 2013.
(b) In the case of a township described in IC 36-6-1.1-3:
(1) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013;
(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 the unincorporated area of the township; and
(3) within each municipality located in the township, the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter.
(c) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this chapter are transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this chapter are transferred to the municipal executive on January 1, 2013.
(b) In the case of a township described in IC 36-6-1.1-3:
(1) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013;
(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 the unincorporated area of the township; and
(3) within each municipality located in the township, the municipal executive shall after December 31, 2012, exercise
the powers and duties of the township trustee under this
chapter.
(c) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this chapter are
transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal
body under this chapter are transferred to the municipal
legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this
chapter are transferred to the municipal executive on January
1, 2013.
(b) In the case of a township described in IC 36-6-1.1-3:
(1) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013;
(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 the unincorporated area of the township; and
(3) within each municipality located in the township, the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter.
(c) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this chapter are transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this chapter are transferred to the municipal executive on January 1, 2013.
( b) In the case of a township described in IC 36-6-1.1-3:
(1) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013;
(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 the unincorporated area of the township; and
(3) within each municipality located in the township, the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter.
(c) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this chapter are transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this chapter are transferred to the municipal executive on January 1, 2013.
(1) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013;
(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 the unincorporated area of the township; and
(3) within each municipality located in the township, the municipal executive shall after December 31, 2012, exercise the powers and duties of the township trustee under this chapter.
(b) In the case of a township described in IC 36-6-1.1-4:
(1) the powers and duties of a township under this chapter are transferred to the municipality on January 1, 2013;
(2) the powers and duties of the township legislative and fiscal body under this chapter are transferred to the municipal legislative and fiscal body on January 1, 2013; and
(3) the powers and duties of the township trustee under this chapter are transferred to the municipal executive on January 1, 2013.
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 13. This section applies to the appointment of
members to the library board of a public library serving a library
district that is entirely located in one (1) township and includes part or
all of only one (1) municipality. For a public library under this section,
the appointments under section 9(4) and 9(5) of this chapter shall be
made as follows:
(1) One (1) member appointed as follows:
(A) Except as provided in clause (B), the member shall be
appointed by the legislative body of the township in which the
library district is located.
(B) After December 31, 2012, in the case of a township
described in IC 36-6-1.1-3 or IC 36-6-1.1-4, the member
shall be appointed by the legislative body of the
municipality designated as the legislative body of the
township.
(2) One (1) member appointed by the legislative body of the
municipality in which the library district is located.
