Bill Text: IN HB1469 | 2011 | Regular Session | Introduced
Bill Title: Local government issues.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-02-15 - Representative Hinkle added as coauthor [HB1469 Detail]
Download: Indiana-2011-HB1469-Introduced.html
Citations Affected: IC 2-5-31; IC 3-5; IC 3-8; IC 3-10; IC 3-11-2-12;
IC 4-3-22-14.5; IC 5-3-1-3; IC 5-4-1-4; IC 5-11; IC 5-22-22-12;
IC 6-1.1; IC 12-7-2; IC 12-20; IC 12-30-4-0.5; IC 13-11-2; IC 15-16;
IC 16-41-19-7; IC 20-23; IC 20-25-3-4; IC 23-14; IC 32-26;
IC 33-33-53-5; IC 33-34; IC 34-30-2-58; IC 36.
Effective: Upon passage; July 1, 2011.
January 20, 2011, read first time and referred to Committee on Government and Regulatory
Reform.
Digest Continued
Digest Continued
Digest Continued
affairs of a unit may not participate in a decision or vote of the body if
the member: (1) has a pecuniary interest in; or (2) derives a profit from
a contract, purchase, sale, employment, or other transaction connected
with the unit. Prohibits a member from participating in a decision or
vote involving the merger, consolidation, or reorganization of the unit's
functions or services, if the member is also an employee of a unit
involved in the merger. Requires a member to: (1) disclose a pecuniary
interest or profit in writing to the governmental body that the member
serves on; and (2) provide a copy of the disclosure to the state board of
accounts. Provides that in counties other than Marion County, the
county executive may adopt an ordinance providing that the voters of
the county shall elect a single county commissioner as the chief
executive officer of the county and a county council that has the
legislative and fiscal powers and duties of the county. Provides that
such an ordinance may be adopted only during an odd-numbered year
or before July 1 of an even-numbered year. Specifies that if such an
ordinance is adopted unanimously, the county's government structure
shall be changed as provided in the ordinance. Specifies that if such an
ordinance is adopted, but not unanimously, the county's government
structure shall be changed as provided in the ordinance only if the
change is approved in a referendum by county voters. Provides that in
a county with a single county chief executive officer: (1) the initial
county chief executive officer is elected in the second general election
after the ordinance to change the structure of county government is
approved (if unanimous) or the change is approved in the referendum;
(2) the board of county commissioners is abolished; and (3) the
membership of the county council continues under existing law.
Provides that if a school township exists in a township in which a
public question to eliminate township government is approved, the
school township shall reorganize under the school reorganization
statutes before January 1, 2014. Provides that school board members
selected by election must be elected at general elections beginning in
2012. Repeals provisions related to the election of school board
members at the primary election. Establishes an interim study
committee on township assistance reform to study: (1) the base level of
township assistance that a township or county should be required to
provide; and (2) changing references to "township assistance" in the
Indiana Code to "emergency assistance".
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Chapter 31. Township Assistance Committee
Sec. 1. (a) As used in this section, "committee" refers to the interim study committee on township assistance reform established by this section.
(b) The interim study committee on township assistance reform is established. The committee shall study:
(1) the base level of township assistance that a township or county should be required to provide; and
(2) changing "township assistance" references in the Indiana Code to "emergency assistance".
(c) The committee shall operate under the policies governing study committees adopted by the legislative council.
(d) The affirmative votes of a majority of the voting members appointed to the committee are required for the committee to take action on any measure, including final reports.
(e) This chapter expires December 31, 2013.
(1) board of county commissioners, for a county
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
(1) IC 20-23-4-30.
(2) IC 20-23-7-8 (before its repeal on July 1, 2011) and IC 20-23-7-8.1 (after June 30, 2011).
(3) IC 20-23-8-8.
(4) IC 20-23-10-8.
(5) IC 20-23-12.
(6) IC 20-23-13.
(7) IC 20-23-14.
(8) IC 20-25-3-4.
(b) This subsection applies to a member of a governing body elected at the 2008 primary election. The successor of such a member shall:
(1) be elected at the 2012 general election; and
(2) take office January 1, 2013.
(c) This subsection applies to a member of a governing body elected at the 2010 primary election. The successor of such a member shall:
(1) be elected at the 2014 general election; and
(2) take office January 1, 2015.
(d) This section expires July 1, 2016.
Chapter 9. Government Employees Holding Office
Sec. 1. This chapter applies to a government employee who, after June 30, 2011, assumes an elected office of the political subdivision that employs the individual.
Sec. 2. As used in this chapter, "elected office" refers only to the offices of the following:
(1) The elected executive or an elected member of the executive body of a political subdivision.
(2) An elected member of the legislative body of a political subdivision.
(3) An elected member of the fiscal body of the political subdivision.
Sec. 3. As used in this chapter, "government employee" refers to an employee of a political subdivision. The term does not include an individual who holds an elected office.
Sec. 4. (a) Except as provided in subsection (b), an individual is considered to have resigned as a government employee when the individual assumes an elected office of the political subdivision that employs the individual.
(b) In the case of an individual who, on June 30, 2011, holds an elected office of the political subdivision that employs the individual, the individual may, notwithstanding any other provision of this chapter, continue to hold that elected office and simultaneously be an employee of the political subdivision until the end of the term of office in which the individual was serving on June 30, 2011.
Sec. 5. This chapter does not prohibit a government employee from holding an elected office of a political subdivision other than the political subdivision that employs the government employee.
(1) have resided in the county for at least one (1) year before the election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana; and
(2) have resided in the district in which seeking election, if applicable, for at least six (6) months before the election.
(b) This subsection applies to elections in a county in which a
county chief executive officer is elected under IC 36-2-2.5. A
candidate for the office of county chief executive officer must have
resided in the county for at least one (1) year before the election, as
provided in Article 6, Section 4 of the Constitution of the State of
Indiana.
(b) A candidate for the office of constable of a small claims court must:
(1) have resided in the township for more than one (1) year upon taking office; and
(2) be at least twenty-one (21) years old upon taking office.
(b) A person may file both:
(1) a declaration of candidacy under this chapter for nomination to a federal or state office; and
(2) a written request under IC 3-8-3-1 that the person's name be placed on the ballot in a primary election as a candidate for nomination for the office of President of the United States.
(1) The title of each office.
(2) The name of each individual who has filed a request to be placed on the presidential primary ballot.
(3) The names and addresses of all persons for whom declarations of candidacy have been filed for nomination to an office on the primary election ballot.
(b) The county election board shall do the following:
(1) Publish the information described in subsection (a) before the primary election in accordance with IC 5-3-1.
(2) File a copy of the information described in subsection (a):
(A) with the election division; and
(B) in the minutes of the county election board.
(c) The county election board shall file the copies required under subsection (b)(2) not later than noon ten (10) days before election day.
(d) An election is not invalidated by the failure of the board to comply with this section.
(e) If the county election board receives an amendment from the election division under section 17 of this chapter after:
(1) compilation of the information described in subsection (a) has occurred; or
(2) the board determines that it is impractical to recompile completely revised information;
the board is only required to file a copy of the amendment with the minutes of the board.
Chapter 2.5. Nomination for School Board Office
Sec. 1. This chapter applies to a candidate for a school board office.
Sec. 2. A candidate for a school board office must file a petition of nomination in accordance with IC 3-8-6 and as required under IC 20-23 or IC 20-25. The petition of nomination, once filed, serves as the candidate's declaration of candidacy for a school board office.
Sec. 3. A candidate for a school board office is not required to file a statement of organization for the candidate's principal
committee unless the candidate has received contributions or made
expenditures requiring the filing of a statement under IC 3-9-1-5.5.
If a candidate for a school board office is required to file a
statement of organization for the candidate's principal committee,
the statement of organization must be filed by noon seven (7) days
after the final date for filing a petition of nomination or declaration
of intent to be a write-in candidate.
Sec. 4. (a) A petition of nomination for a school board office
must be filed:
(1) not earlier than one hundred four (104) days; and
(2) not later than noon seventy-four (74) days;
before the general election. The petition must be subscribed and
sworn to before a person authorized to administer oaths.
(b) A declaration of intent to be a write-in candidate for a school
board office must be filed:
(1) not earlier than ninety (90) days before the general
election; and
(2) not later than noon five (5) days before the final date for
the delivery of absentee ballots under IC 3-11-4-15.
The declaration must be subscribed and sworn to before a person
authorized to administer oaths.
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, except in a county that is subject to IC 36-2-2.5.
(I) County chief executive officer, in a county that is subject to IC 36-2-2.5.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)). This clause does not apply to elections in 2014 and thereafter in a county that approves a public question under IC 36-6-1.1.
(B) Township trustee. This clause does not apply to elections in 2014 and thereafter in a county that approves a public question under IC 36-6-1.1.
(C) Township board member. This clause does not apply to elections in 2012 and thereafter.
(D) Judge of the small claims court.
(E) Constable of the small claims court. This clause does not apply to elections in 2014 and thereafter in a county that approves a public question under IC 36-6-1.1.
(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) Local offices to be elected at the primary election.
(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
(b) Whenever candidates are to be nominated for an office that includes both an at-large member and a member representing a district, the candidates seeking nomination as an at-large member shall be placed on the ballot before candidates seeking nomination to represent a district.
(c)
(1) Each candidate of each political party.
(2) Each public question voted on at the primary election.
(3) Each candidate for election to a
(1) Clerk of the circuit court.
(2) County auditor.
(3) County recorder.
(4) County treasurer.
(5) County sheriff.
(6) County coroner.
(7) County surveyor.
(8) County assessor.
(9) County commissioner, except in a county that is subject to
IC 36-2-2.5.
(10) County chief executive officer in a county that is subject
to IC 36-2-2.5.
(10) (11) County council member.
(11) (12) Township trustee. This subdivision does not apply to
elections in 2014 and thereafter in a county that approves a
public question under IC 36-6-1.1.
(12) (13) Township board member. This subdivision does not
apply to elections in 2012 and thereafter.
(13) (14) Township assessor (only in a township referred to in
IC 36-6-5-1(d)). This subdivision does not apply to elections in
2014 and thereafter in a county that approves a public
question under IC 36-6-1.1.
(14) (15) Judge of a small claims court.
(15) (16) Constable of a small claims court. This subdivision
does not apply to elections in 2014 and thereafter in a county
that approves a public question under IC 36-6-1.1.
(b) Notwithstanding subsection (a), an individual elected to the
office of township board member at the general election in 2010
shall serve a two (2) year term. This subsection expires January 1,
2014.
(c) This subsection applies to a township in a county that
approves a public question under IC 36-6-1.1. Notwithstanding
subsection (a), an individual elected to the office of township
trustee at the general election in 2010 shall serve a three (3) year
term. This subsection expires January 1, 2014.
(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, except in a county that is subject to IC 36-2-2.5.
(I) County chief executive officer in a county that is subject to IC 36-2-2.5.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)). This clause does not apply to elections in 2014 and thereafter in a township located in a county that approves a public question under IC 36-6-1.1.
(B) Township trustee. This clause does not apply to elections in 2014 and thereafter in a township located in a county that approves a public question under IC 36-6-1.1.
(C) Township board member. This clause does not apply to elections in 2012 and thereafter.
(D) Judge of the small claims court.
(E) Constable of the small claims court . This clause does not apply to elections in 2014 and thereafter.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(1) The population of the township.
(2) The budget, property tax levies, and property tax rates adopted by the township and approved by the department of local government finance.
(3) The assessed valuation in the township used to determine property taxes first due and payable in the preceding calendar year.
(4) The balance in each township fund as of the end of the preceding calendar year.
(5) A summary of the township assistance information submitted by the township trustee under IC 12-20-28-3.
(6) A summary of any statutory compliance issues or exceptions noted by the state board of accounts in its examination report for the township for the preceding calendar year.
(7) A description of any interlocal agreements in effect concerning the township's functions and duties.
(8) A description of any resolutions or petitions concerning the township that were adopted or submitted under IC 36-1.5 (government modernization) during the preceding calendar year.
(9) A description of the property owned or leased by the township.
(b) To the extent that the information required by subsection (a) has not been previously submitted to or certified by the OMB or the department of local government finance, a township shall submit the information to the OMB in an electronic format prescribed by the state board of accounts on a schedule established by the state board of accounts.
(c) The OMB shall do the following before July 1 of each year:
(1) Submit a copy of the report prepared under subsection (a)
to the executive director of the legislative services agency in
an electronic format under IC 5-14-6.
(2) Submit to the county council of each county a copy of the
information compiled in the report for each township within
the county.
(b) The annual financial report of a city or town must separately list each expenditure that is made to reimburse the city or town executive for the executive's use of tangible property (as defined in IC 6-1.1-1-19) for public business, including any reimbursements made for the executive's use of a private residence, a personal telephone, or a personal vehicle for public business. As used in this section, "private residence" means a place that is not a public place.
(1) Actual receipts and expenditures by major accounts as compared to the budget advertised under IC 6-1.1-17-3 for the prior calendar year.
(2) The salary schedule for all certificated employees (as defined in IC 20-29-2-4) as of June 30, with the number of employees at each salary increment. However, the listing of salaries of individual teachers is not required.
(3) The extracurricular salary schedule as of June 30.
(4) The range of rates of pay for all noncertificated employees by specific classification.
(5) The number of employees who are full-time certificated, part-time certificated, full-time noncertificated, and part-time noncertificated.
(6) The lowest, highest, and average salary for the administrative staff and the number of administrators without a listing of the names of particular administrators.
(7) The number of students enrolled at each grade level and the total enrollment.
(8) The assessed valuation of the school corporation for the prior and current calendar year.
(9) The tax rate for each fund for the prior and current calendar year.
(10) In the general fund, capital projects fund, and transportation fund, a report of the total payment made to each vendor for the specific fund in excess of two thousand five hundred dollars ($2,500) during the prior calendar year. However, a school corporation is not required to include more than two hundred (200) vendors whose total payment to each vendor was in excess of two thousand five hundred dollars ($2,500). A school corporation shall list the vendors in descending order from the vendor with the highest total payment to the vendor with the lowest total payment above the minimum listed in this subdivision.
(11) A statement providing that the contracts, vouchers, and bills for all payments made by the school corporation are in its possession and open to public inspection.
(12) The total indebtedness as of the end of the prior calendar year showing the total amount of notes, bonds, certificates, claims due, total amount due from such corporation for public improvement assessments or intersections of streets, and any and all other evidences of indebtedness outstanding and unpaid at the close of the prior calendar year.
(1) Develop guidelines for the preparation and form of the financial report.
(2) Provide information to assist school corporations in the preparation of the financial report.
(b) The copy of the oath under section 2 of this chapter shall be
deposited by the person as follows:
(1) The oath of all officers whose oath is endorsed on or attached
to the commission and whose duties are not limited to a particular
county or of a justice, judge, or prosecuting attorney, in the office
of the secretary of state.
(2) The oath of the circuit court clerk, officers of a political
subdivision or school corporation, and constables of a small
claims court, in the circuit court clerk's office of the county
containing the greatest percentage of the population of the
political subdivision or school corporation. This subdivision does
not apply after December 31, 2013, if the county approves the
public question under IC 36-6-1.1.
(3) This subdivision applies after December 31, 2013, if the
county approves the public question under IC 36-6-1.1. The
oath of the following shall be deposited by the person in the
circuit court clerk's office of the county containing the
greatest percentage of the population of the political
subdivision or school corporation:
(A) The circuit court clerk.
(B) Officers of a political subdivision or school
corporation.
(3) (4) The oath of a deputy prosecuting attorney, in the office of
the clerk of the circuit court of the county in which the deputy
prosecuting attorney resides or serves.
county, city, town, or township, and every state, county, city, town, or
township employee or agent who is the head of, or in charge of, or the
executive officer of any department, bureau, board, or commission of
the state, county, city, town, or township, and every executive officer
by whatever title designated, who is in charge of any state educational
institution or of any other state, county, or city institution, shall during
the month of January of each year prepare, make, and sign a written or
printed certified report, correctly and completely showing the names
and business addresses of each and all officers, employees, and agents
in their respective offices, departments, boards, commissions, and
institutions, and the respective duties and compensation of each, and
shall forthwith file said report in the office of the state examiner of the
state board of accounts. However, no more than one (1) report covering
the same officers, employees, and agents need be made from the state
or any county, city, town, township, or school unit in any one (1) year.
(b) This subsection applies to a unit (as defined in IC 36-1-2-23).
The report must include a statement by the executive officer of the
unit, certified under the penalties for perjury, that the unit is in
compliance with IC 36-1-6.5. The executive officer and the unit are
subject to the penalties set forth in IC 36-1-6.5 for failure to
comply with this subsection.
(c) If a political subdivision fails to file a report under this
section for the preceding year, the department of local government
finance may not approve the budget or any additional
appropriations of the political subdivision.
(1) Fire trucks.
(2) Emergency service vehicles.
(3) Firefighting or emergency services equipment.
(b) As used in this section, "fire department" refers to any of the following:
(1) A volunteer fire department (as defined in IC 36-8-12-2).
(2) The board of fire trustees of a fire protection district established under IC 36-8-11.
(3) After December 31, 2013, a fire trustee of a fire protection district established under IC 36-8-11.
(c) Notwithstanding section 4, 4.5, or 5 of this chapter, a
governmental body may transfer title of surplus property to a fire
department for the fire department's use in providing fire protection or
emergency services.
(d) A fire department located in the same county as the
governmental body offering the surplus property for transfer has the
right of first refusal for all surplus property offered. Surplus property
that is refused by the fire departments located in the same county as the
governmental body may be transferred to any fire department in
Indiana.
(e) A governmental body may transfer title of surplus property to a
fire department under this section by:
(1) sale;
(2) gift; or
(3) another arrangement acceptable to the governmental body and
the fire department.
(1) township assistance;
(2) unemployment relief;
(3) old age pensions; or
(4) other funds which may at any time be made available under "The Economic Security Act" or under any other federal act which provides for civil and public works projects.
(b) When formulating an annual budget estimate, the proper officers of a political subdivision shall prepare an estimate of the amount of revenue that the political subdivision will receive under a development agreement (as defined in IC 36-1-8-9.5) for and during the budget year for which the budget is being formulated. Revenue received under a development agreement may not be used to reduce the political subdivision's maximum levy under IC 6-1.1-18.5 but may be used at the discretion of the political subdivision to reduce the property tax levy of the political subdivision for a particular year.
(c) When formulating a proposed annual budget estimate for
2013 and thereafter, the township executive and the county fiscal
body shall, with regard to a township capital improvement fund or
cumulative building fund, consider the township capital
improvement plan prepared under IC 36-6-10.
(d) After December 31, 2012, the county fiscal body shall fix the
budget, tax rate, and tax levy of each township in the county under
section 5 of this chapter.
(1) the estimated budget;
(2) the estimated maximum permissible levy;
(3) the current and proposed tax levies of each fund; and
(4) the amounts of excessive levy appeals to be requested.
In the notice, the political subdivision shall also state the time and place at which a public hearing will be held on these items. The notice shall be published twice in accordance with IC 5-3-1 with the first publication at least ten (10) days before the date fixed for the public hearing. Beginning in 2009, the duties required by this subsection must be completed before September 10 of the calendar year.
(b) The board of directors of a solid waste management district established under IC 13-21 or IC 13-9.5-2 (before its repeal) may conduct the public hearing required under subsection (a):
(1) in any county of the solid waste management district; and
(2) in accordance with the annual notice of meetings published under IC 13-21-5-2.
(c) The trustee of each township in the county shall estimate the amount necessary to meet the cost of township assistance in the township for the ensuing calendar year. The township board shall adopt with the township budget a tax rate sufficient to meet the estimated cost of township assistance. The taxes collected as a result of the tax rate adopted under this subsection are credited to the township assistance fund.
(d) This subsection applies only to a county that approves a local public question under IC 36-6-1.1. This subsection applies to budgets for calendar years after 2013 and to property taxes first due and payable after 2013. In 2013 and each year thereafter, the county executive shall estimate the amount necessary to meet the cost of township assistance in the county for the ensuing calendar year. The county fiscal body shall adopt with the county budget a tax rate uniform throughout the county sufficient to meet the estimated cost of township assistance in the county. The taxes collected as a result of the tax rate adopted under this subsection shall be credited to the township assistance fund established under IC 12-20-21-6.
(e) The following apply to township budgets adopted for 2012 and 2013:
(1) Except as provided in subdivision (2), the total amount appropriated by the township board for a particular year (including any additional appropriations made for that year) may not exceed the result of:
(A) the total amount appropriated for the previous year (including any additional appropriations made for that year); multiplied by
(B) the assessed value growth quotient determined under IC 6-1.1-18.5-2 and applicable to the township for the particular year.
(2) If the township board or (after December 31, 2012) the county fiscal body determines after a public hearing that the township cannot carry out its governmental functions for an ensuing year under the appropriation limitations imposed by subdivision (1), the township board or (after December 31, 2012) the county fiscal body may appeal before October 20 of the current year to the department of local government finance for relief from the appropriation limitations for the
ensuing year. In the appeal, the township board or (after
December 31, 2012) the county fiscal body must state that the
township will be unable to carry out the governmental
functions committed to it by law unless the township is given
relief from the appropriation limits. The township board or
(after December 31, 2012) the county fiscal body must support
the appeal by reasonably detailed statements of fact. The
department of local government finance shall review the
merits of the appeal. If the department of local government
finance determines after reviewing the appeal that the
township cannot carry out its governmental functions for a
year under the appropriation limitations imposed by
subdivision (1), the department of local government finance
may grant relief from those appropriation limitations in the
manner determined to be appropriate by the department of
local government finance.
This subsection expires January 1, 2015.
(b) In the case of a county that approves a public question under IC 36-6-1.1, the county's maximum permissible ad valorem property tax levy for township assistance for property taxes first due and payable in 2014 is equal to the result of:
(1) the total amount of property taxes levied for township assistance by all townships in the county for property taxes first due and payable in 2013; multiplied by
(2) the assessed value growth quotient determined under section 2 of this chapter for 2014.
(c) In the case of a county that approves a public question under IC 36-6-1.1, the county's maximum permissible ad valorem property tax levy for township assistance for property taxes for an ensuing calendar year after 2014 is equal to:
(1) the county's maximum permissible ad valorem property tax levy for township assistance determined under this section for the current calendar year; multiplied by
(2) the assessed value growth quotient determined under section 2 of this chapter for the ensuing calendar year.
(b) As used in this section, "vacant parcel" refers to a parcel that satisfies all the following:
(1) A lien has been acquired on the parcel under section 6(a) of this chapter.
(2) The parcel is unimproved on the date the parcel is offered for sale under this chapter.
(3) The construction of a structure intended for residential use on the parcel is permitted by law.
(4) On the date the parcel is offered for sale under this chapter, the parcel is contiguous to one (1) or more parcels that satisfy the following:
(A) One (1) or more of the following are located on the contiguous parcel:
(i) A structure occupied for residential use.
(ii) A structure used in conjunction with a structure occupied for residential use.
(B) The contiguous parcel is eligible for the standard deduction under IC 6-1.1-12-37.
(c) The county legislative body may, by ordinance, establish criteria for the identification of vacant parcels to be offered for sale under this section. The criteria may include the following:
(1) Limitations on the use of the parcel under local zoning and
land use requirements.
(2) Minimum parcel area sufficient for construction of
improvements.
(3) Any other factor considered appropriate by the county
legislative body.
In a county containing a consolidated city, the county legislative body
may adopt an ordinance under this subsection only upon
recommendation by the board of commissioners provided in
IC 36-3-3-10. county auditor.
(d) If the county legislative body adopts an ordinance under
subsection (c), the county executive shall for each tax sale:
(1) by resolution, identify each vacant parcel that the county
executive desires to sell under this section; and
(2) subject to subsection (e), give written notice to the owner of
record of each parcel referred to in subsection (b)(4) that is
contiguous to the vacant parcel.
(e) The notice under subsection (d)(2) with respect to each vacant
parcel must include at least the following:
(1) A description of the vacant parcel by:
(A) legal description; and
(B) parcel number or street address, or both.
(2) Notice that the county executive will accept written
applications from owners of parcels described in subsection (b)(4)
as provided in subsection (f).
(3) Notice of the deadline for applications referred to in
subdivision (2) and of the information to be included in the
applications.
(4) Notice that the vacant parcel will be sold to the successful
applicant for one dollar ($1).
(5) Notice of the exemption provisions of subsection (l).
(f) To be eligible to purchase a vacant parcel under this section, the
owner of a contiguous parcel referred to in subsection (b)(4) must file
a written application with the county executive. The application must:
(1) identify the vacant parcel that the applicant desires to
purchase; and
(2) include any other information required by the county
executive.
(g) If more than one (1) application to purchase a single vacant
parcel is filed with the county executive, the county executive shall
conduct a drawing between or among the applicants in which each
applicant has an equal chance to be selected as the transferee of the
vacant parcel.
(h) The county executive shall by resolution make a final determination concerning the vacant parcels that are to be sold under this section.
(i) After the final determination of vacant parcels to be sold under subsection (h), the county executive shall:
(1) on behalf of the county, cause all delinquent taxes, special assessments, penalties, interest, and costs of sale with respect to the vacant parcels to be removed from the tax duplicate;
(2) give notice of the final determination to:
(A) the successful applicant;
(B) the county auditor; and
(C) the township assessor, or the county assessor if there is no township assessor for the township.
(j) Upon receipt of notice under subsection (i)(2):
(1) the county auditor shall:
(A) collect the purchase price from each successful applicant; and
(B) subject to subsection (k), prepare a deed transferring each vacant parcel to the successful applicant; and
(2) the township assessor or county assessor shall consolidate each vacant parcel sold and the contiguous parcel owned by the successful applicant into a single parcel.
(k) The county auditor shall include in the deed prepared under subsection (j)(1)(B) reference to the exemption under subsection (l).
(l) Except as provided in subsection (m), each consolidated parcel referred to in subsection (j)(2) is entitled to an exemption from property taxation beginning on the assessment date that next succeeds the consolidation in the amount of the assessed value at the time of consolidation of the vacant parcel that was subject to the consolidation.
(m) The exemption under subsection (l) is terminated as of the assessment date that next succeeds the earlier of the following:
(1) Five (5) years after the transfer of title to the successful applicant.
(2) The first transfer of title to the consolidated parcel that occurs after the consolidation.
(1) For purposes of IC 12-10-10 and IC 12-10-11, the community and home options to institutional care for the elderly and disabled board established by IC 12-10-11-1.
(2) For purposes of 12-12-7-5, the meaning set forth in
IC 12-12-7-5(a).
(3) For purposes of IC 12-15-35, the meaning set forth in
IC 12-15-35-2.
(4) For purposes of IC 12-20, the meaning set forth in
IC 12-20-1.5-2.
(1) IC 12-15-44.2, has the meaning set forth in IC 12-15-44.2-1; and
(2) IC 12-20 and IC 12-30-4, has the meaning set forth in IC 12-20-1.6-3.
(b) A person who receives any item of value from an applicant or a recipient in connection with assisting that applicant or recipient in obtaining township assistance commits township assistance profiteering, a Class C misdemeanor.
(c) A person who unfairly profits from the:
(1) sale, lease, or rental of goods or shelter; or
(2) provision of services;
to a township assistance recipient commits township assistance fraud, a Class D felony. For purposes of this subsection, a person unfairly profits if the person receives payment from the township trustee or (after December 31, 2013) the county trustee, in the case of a county that approves a public question under IC 36-6-1.1, for goods or services that the person does not provide or the person charges the township trustee or (after December 31, 2013) the county trustee, in the case of a county that approves a public question under IC 36-6-1.1, more for the goods or services than the person would charge members of the public.
(d) In addition to any other penalty imposed for a conviction under subsection (c), a person who is convicted of township assistance fraud is ineligible to participate in the township assistance program for thirty (30) years after the date of the conviction.
(b) The county shall establish in 2014 a township assistance fund
for the county.
(c) Beginning with property taxes first due and payable in 2014,
the fund shall be raised by a tax levy that:
(1) is in addition to all other tax levies authorized; and
(2) shall be levied annually by the county fiscal body on all
taxable property in the county in the amount necessary to pay
the items, awards, claims, allowances, assistance, and other
expenses set forth in the annual county township assistance
budget for the township.
(d) The tax imposed under this section shall be collected as other
county ad valorem taxes are collected.
(e) The following shall be paid into the fund:
(1) All receipts from the tax imposed under this section.
(2) Earnings on the money deposited in the fund shall be
deposited in the fund.
(3) Any other money required by law to be placed in the fund.
(f) The fund is available to pay expenses and obligations set
forth in the annual budget.
(g) Money in the fund at the end of a budget year does not
revert to the county general fund.
Chapter 1.5. Township Assistance Planning Board
Sec. 1. This chapter applies to all counties.
Sec. 2. As used in this chapter, "board" means the township assistance planning board established for a county under section 3 of this chapter.
Sec. 3. (a) Each county shall establish a township assistance planning board. The county executive shall appoint the members of the board not later than January 1, 2012. The board consists of the following members:
(1) One (1) trustee from an unincorporated area of the county. However, if there is no unincorporated area in the county, the member appointed under this section shall be from an incorporated area in the county.
(2) One (1) trustee from an incorporated area of the county.
(3) One (1) person employed by a faith based human services provider agency.
(4) One (1) person employed by a government funded human services provider agency.
(5) One (1) person employed by a nonprofit human services
provider agency.
(6) Two (2) citizen members who:
(A) are not employed by; and
(B) are not a party to a contract with;
a township or a human services provider agency.
(7) One (1) member of the county fiscal body.
(8) One (1) member of the fiscal body of the municipality in
the county with the largest population.
(b) If the county approves a local public question under
IC 36-6-1.1, the county trustee appointed under IC 12-20-1.7 shall
serve as an advisory member to the board after December 31,
2013. The advisory member has all the privileges of membership,
except the right to vote.
(c) A majority of the voting members of the board constitutes a
quorum. An affirmative vote of a majority of the members of the
board is required for the board to take action.
Sec. 4. (a) The first meeting of the board shall be convened not
later than January 1, 2012, by the member of the county fiscal
body appointed to the board.
(b) The board shall select a chairperson from among its
members at the board's first meeting.
(c) The members of the board serve at the pleasure of the
appointing authority.
(d) Each county fiscal body shall determine, in the manner
provided by law, the compensation of the members of the board.
(e) The board is a public agency for purposes of IC 5-14-1.5 and
IC 5-14-3.
Sec. 5. The board has the duty and responsibility to propose and
annually review the county's township assistance standards. The
standards apply to all townships in the county.
Sec. 6. Before June 1, 2012, the board shall adopt a resolution
approving standards that meet the requirements of this article and
forward the resolution to the county fiscal body for adoption. The
standards adopted by the county fiscal body take effect January 1,
2013.
Chapter 1.6. Plan for Delivery of Township Assistance Services Throughout the County
Sec. 1. Except as specifically provided, this chapter applies after December 31, 2013. This chapter applies only to a county that
approves a public question under IC 36-6-1.1.
Sec. 2. As used in this chapter, "board" means the township
assistance planning board established for a county under
IC 12-20-1.5-3.
Sec. 3. As used in this chapter, "plan" means a township
assistance plan prepared by a board under this chapter.
Sec. 4. (a) Before June 1, 2013, the board shall develop a plan
for the delivery of township assistance services throughout the
county that is consistent with the standards adopted under
IC 12-20-1.5 and this article. The plan must apply to the provision
of township assistance services after December 31, 2013.
(b) In preparing a plan, the board shall make the following
determinations:
(1) Whether the county will:
(A) provide township assistance services by means of its
own workforce; or
(B) contract with a service provider to provide some or all
township assistance services.
(2) Office hours, locations, and staffing levels.
Sec. 5. (a) The board shall prepare and recommend a township
assistance budget for calendar year 2014 to the county executive.
The county executive may reduce and modify but not increase the
budget.
(b) The department of local government finance shall review the
budget for calendar year 2014. If the budget spends more than the
combined budgets of the existing townships, the department of
local government finance may reduce and modify but not increase
the budget.
Sec. 6. (a) The board shall adopt a resolution approving the plan
and forward the resolution to the county executive for adoption.
(b) If:
(1) the county executive adopts an ordinance approving the
plan; and
(2) the ordinance is approved by the county fiscal body;
the plan and the transfer of township assistance responsibilities to
the county take effect January 1, 2014.
Chapter 1.7. County Trustee
Sec. 1. This chapter applies after December 31, 2013. This chapter applies only to a county that approves a public question
under IC 36-6-1.1.
Sec. 2. (a) As used in this chapter, "relative" means:
(1) a husband;
(2) a wife;
(3) a father, grandfather, or stepfather;
(4) a mother, grandmother, or stepmother;
(5) a son, grandson, stepson, or son-in-law;
(6) a daughter, granddaughter, stepdaughter, or
daughter-in-law;
(7) a brother or stepbrother;
(8) a sister or stepsister;
(9) an aunt;
(10) an uncle;
(11) a niece;
(12) a nephew; or
(13) a first cousin.
(b) A relative by adoption, half-blood, marriage, or remarriage
shall be treated as a relative of whole kinship.
Sec. 3. (a) The county executive shall appoint a county trustee
to administer township assistance. The county trustee shall carry
out the county trustee's powers and duties as directed by the
county executive.
(b) The county trustee serves at the pleasure of the county
executive.
Sec. 4. The county trustee may not be a relative of any member
of the county executive.
Sec. 5. The county trustee may not have a conviction for
township assistance fraud under IC 12-20-1-4.
Sec. 6. (a) The county trustee shall perform all duties related to
township assistance that were performed by township trustees in
the county before township government was abolished.
(b) The county trustee shall perform the following duties and
responsibilities in accordance with the county plan:
(1) Administer emergency assistance within the standards
adopted under IC 12-20-1.5, including:
(A) accepting and processing applications for township
assistance;
(B) investigating applications for township assistance;
(C) approving and denying applications for township
assistance;
(D) administering approved relief; and
(E) working with other governmental and nonprofit
providers of assistance to direct applicants to other
resources.
(2) Hire and manage staff.
(3) Operate township assistance offices.
(4) Administer the township assistance fund established under
IC 12-20-21-6.
(5) Complete the annual township assistance statistical report
under IC12-20-28 and maintain data on township assistance.
(6) If provided for in the county plan, conduct rehabilitation,
training, and work programs.
(7) Manage contracts with human services providers for any
of the duties and responsibilities of the county trustee.
(b) A suit or proceeding in favor of or against a township trustee concerning township assistance shall be conducted in favor of or against the township in the township's corporate name.
(1) Employ supervisors, investigators, assistants, or other necessary employees in discharging the township trustee's duties concerning the provision of township assistance.
(2) Fix the salaries or wages to be paid to the supervisors, investigators, assistants, and other necessary employees employed by the township trustee.
(b) This subsection applies after December 31, 2013. This subsection applies only in a county that approves a public question under IC 36-6-1.1. The county trustee:
(1) shall hire employees and staff; and
(2) may establish offices throughout the county;
for the provision of township assistance in accordance with the county plan.
(b) This subsection applies after December 31, 2013. This subsection applies only to a county that approves a public question under IC 36-6-1.1. The county trustee may hire in accordance with the county plan, township assistance supervisors, investigators, assistants, or other necessary employees that are employed by the county.
(d) This subsection applies after December 31, 2013. This subsection applies only to a county that approves a public question under IC 36-6-1.1. The pay of township assistance employees shall be fixed in the manner provided by law for other county salaries.
employee's work is entitled to the same mileage paid to state officers
and employees.
(f) This subsection applies after December 31, 2013. This
subsection applies only to a county that approves a public question
under IC 36-6-1.1. A township assistance employee of a county is
entitled to a sum for mileage at a rate determined by the county
fiscal body.
(b) The pay for supervisors of township assistance investigators shall be fixed in the manner provided by law for other township salaries or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) for other county salaries.
(1) Two (2) or more townships in the same county.
(2) After December 31, 2013, two (2) or more counties that have approved a public question under IC 36-6-1.1.
(b) Payment for investigations conducted under this section shall be made on the basis of the number of cases handled for each township in the same manner and at the same rate as otherwise provided for the payment of investigators under this chapter. This subsection does not apply after December 31, 2013, to a county that approves a public question under IC 36-6-1.1.
(b) A township assistance supervisor, investigator, assistant, or other
necessary employee shall be paid at the rate established by the
township trustee from an appropriation by the township board with no
deduction for legal holidays.
(c) A township assistance supervisor, investigator, assistant, or other
necessary employee shall be paid out of the same money as claims for
township assistance are paid. Claims for pay are payable upon
presentation of a sworn claim itemizing each day for which pay is
requested. Claims are to be made and filed in the same manner as other
claims for township assistance expenditures are payable, at least once
each month.
(d) Each township assistance chief deputy, investigator, supervisor,
assistant, or other necessary employee may be granted paid vacation
leave or sick leave under IC 5-10-6-1.
(e) The township trustee of a township having a population of at
least ten thousand (10,000) may appoint a chief deputy. A chief deputy
may be paid from any township funds.
(f) This section does not apply after December 31, 2013, in a
county that approves a public question under IC 36-6-1.1.
(b) The township's standards for the issuance of township assistance and the processing of applications must be:
(1) governed by the requirements of this article;
(2) for standards applicable before January 1, 2013, proposed by the township trustee, adopted by the township board, and filed with the board of county commissioners;
(3) for standards applicable after December 31, 2012, proposed by the township assistance planning board and adopted by ordinance of the county fiscal body;
(7) posted on the county's Internet web site, if the county maintains an Internet web site.
(1) Criteria for determining township assistance eligibility.
(2) Minimum requirements of township trustee accessibility.
(3) Other information as needed, including the following:
(A) Township office locations, hours, and days of availability.
(B) Initial eligibility criteria.
(C) Continuing eligibility criteria.
(D) Workfare requirements.
(E) Essential and nonessential assets.
(F) Available resources.
(G) Income exemptions.
(H) Application process.
(I) Countable income.
(J) Countable assets.
(K) Wasted resources.
(b) Standards for the administration of township assistance must exclude a Holocaust victim's settlement payment received by an eligible individual from countable assets and countable income.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) A township
trustee or, for standards applicable after December 31, 2012, the
county fiscal body shall set income standards for the township that
provide for financial eligibility in an amount consistent with reasonable
costs of basic necessities in the trustee's particular township.
(b) A township trustee or, for standards applicable after
December 31, 2012, the county fiscal body may not consider a
Holocaust victim's settlement payment received by an eligible
individual when setting income standards under this section.
(b) The township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) the county trustee shall determine whether an applicant or a member of the applicant's household has been denied assistance under IC 12-14-1-1, IC 12-14-1-1.5, IC 12-14-2-5.1, IC 12-14-2-5.3, IC 12-14-2-18, IC 12-14-2-20, IC 12-14-2-21, IC 12-14-2-24, IC 12-14-2-26, IC 12-14-2.5, or IC 12-14-5.5.
(c) A township trustee has no obligation to extend aid to an applicant or to a member of an applicant's household who has been denied assistance as described in subsection (b). This subsection does not apply after December 31, 2013, in a county that approves a public question under IC 36-6-1.1.
(d) This subsection applies after December 31, 2013. This subsection applies only to a county that approves a public question under IC 36-6-1.1. A county plan may provide that a county trustee has no obligation to extend aid to an applicant or to a member of an applicant's household who has been denied assistance as described in subsection (b).
(1) If the conviction is a misdemeanor, a township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) a county trustee shall not extend aid to the applicant or the member of the applicant's household for one (1) year after the conviction.
(2) If the conviction is a felony, a township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) a county trustee shall not extend aid to the applicant or the member of the applicant's household for ten (10) years after the conviction.
(b) An individual filing an application and affidavit on behalf of a household must provide the names of all household members and any information necessary for determining the household's eligibility for township assistance. The application must be on the form prescribed by the state board of accounts.
(c) An applicant for utility assistance under IC 12-20-16-3(a) must comply with IC 12-20-16-3(d).
(d) The township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) a county trustee may not extend additional or continuing aid to an individual or a household unless the individual or household files an affidavit with the request for assistance affirming how, if at all, the personal condition of the individual or the household has changed from that set forth in the individual's or household's most recent application.
(e) The township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) a county trustee shall assist an applicant for township assistance in completing a township assistance application if the applicant:
(1) has a mental or physical disability, including mental retardation, cerebral palsy, blindness, or paralysis;
(2) has dyslexia; or
(3) cannot read or write the English language.
administered by the division of family resources and county offices
under this article, the Social Security Administration, the federal Food
Stamp program (7 U.S.C. 2011 et seq.), or by another federal or state
governmental entity.
(b) If a township trustee or (after December 31, 2013, in the case
of a county that approves a public question under IC 36-6-1.1) a
county trustee believes a township assistance applicant or a member
of the applicant's household may be eligible for a public assistance
program, the trustee may not extend aid to the applicant or the
applicant's household unless the applicant verifies that:
(1) the applicant has filed, within the one hundred eighty (180)
days preceding the application for township assistance, an
application for assistance under a federal or state public
assistance program administered by the division of family
resources and county offices or by another federal or state
governmental entity;
(2) the applicant or a member of the applicant's household is
receiving assistance under a public assistance program
administered by the division of family resources and county
offices or another federal or state governmental entity; or
(3) the applicant or a member of the applicant's household has an
emergency need that the trustee determines must be met
immediately.
(b) If, before granting township assistance, the township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) the county trustee determines that an applicant or a member of an applicant's household may be eligible for public assistance other than township assistance, the applicant or household member shall, when referred by the township trustee or the county trustee, make an application and comply with all necessary requirements for completing the application process for public assistance administered by:
(1) the division of family resources and county offices; or
(2) any other federal or state governmental entity.
(c) An applicant or a household member who fails to:
(1) file an application as specified in subsection (b); and
(2) show evidence that the application, as referred by the township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) the county trustee was filed not more than fifteen (15) working days after the
may be denied township assistance for not more than sixty (60) days.
(1) If the conviction is for a misdemeanor, for one (1) year after the conviction.
(2) If the conviction is for a felony, for ten (10) years after the conviction.
(b) If a township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) a county trustee finds that an individual has obtained township assistance from any township or (after December 31, 2013) county by means of conduct described in IC 35-43-5-7, the township trustee or county trustee may refuse to extend aid to or for the benefit of that individual for sixty (60) days after the later of the:
(1) date of the improper conduct; or
(2) date aid was last extended to the individual based on the improper conduct.
(1) a township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) a county trustee may not extend aid to or for the benefit of an individual if that aid would pay for goods or services provided to or for the benefit of the individual; and
(2) a:
(A) township; or
(B) after December 31, 2013, county that approves a public question under IC 36-6-1.1 (if so provided in the county plan);
is not obligated to pay the cost of basic necessities incurred on behalf of the household in which the individual resides;
during a period that the individual has previously applied for and been denied township assistance.
(b) This subsection does not apply after December 31, 2013, in a county that approves a public question under IC 36-6-1.1. In a nonemergency request for township assistance, the trustee shall act on the completed application not later than seventy-two (72) hours after receiving the application, excluding weekends and legal holidays listed in IC 1-1-9. The trustee's office shall retain a copy of each application and affidavit whether or not relief is granted.
(c) This subsection applies after December 31, 2013. This subsection applies only to a county that approves a public question under IC 36-6-1.1. In a nonemergency request for township assistance, the county trustee shall act on the completed application not later than the earlier of the following:
(1) The time specified in the county plan.
(2) Seventy-two (72) hours after receiving the application, excluding weekends and legal holidays listed in IC 1-1-9.
The trustee's office shall retain a copy of each application and affidavit whether or not relief is granted.
(1) Grant assistance.
(2) Deny assistance, including a partial denial of assistance requested.
(3) Leave the decision pending. After December 31, 2013, the county trustee in a county that approves a public question under IC 36-6-1.1, may leave the decision pending only if permitted by the county plan.
(1) may not remain pending for more than seventy-two (72) hours after the expiration of the period described in subsection
(2) must include a statement listing the specific reasons that assistance is not granted or denied within the period required under subsection
This subsection does not apply after December 31, 2013, in a county that approves a public question under IC 36-6-1.1.
(f) This subsection applies after December 31, 2013. This subsection applies only to a county that approves a public question under IC 36-6-1.1. A decision pending determination under subsection (d)(3):
(1) may not remain pending for more than the earlier of:
(A) the time period specified in the county plan; or
(B) seventy-two (72) hours after the expiration of the period described in subsection (c); and
(2) must include a statement listing the specific reasons that assistance is not granted or denied within the period required under subsection (c).
(g) If a township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) a county trustee does not:
(1) accept a completed application for township assistance; or
(2) grant or deny a completed application for township assistance within the period required under this section;
the application is considered denied, and the denial may be appealed under IC 12-20-15.
2013, in the case of a county that approves a public question under
IC 36-6-1.1) a county trustee shall promptly notify in writing each
applicant for township assistance of action taken upon a completed
application for township assistance. The trustee shall do the following:
(1) Mail notice or provide personal notice not later than
seventy-two (72) hours, excluding weekends and legal holidays
listed in IC 1-1-9, after the completed application is received
advising the applicant of the right to appeal an adverse decision
of the trustee to the board of commissioners. This subdivision
does not apply after December 31, 2013, in a county that
approves a public question under IC 36-6-1.1.
(2) This subdivision applies after December 31, 2013. This
subdivision applies only to a county that approves a public
question under IC 36-6-1.1. Mail notice or provide personal
notice not later than the earlier of:
(A) the time specified in the county plan; or
(B) seventy-two (72) hours, excluding weekends and legal
holidays listed in IC 1-1-9, after the completed application
is received;
advising the applicant of the right to appeal an adverse
decision of the trustee to the circuit court having jurisdiction
in the county.
(2) (3) Include in the notice required under subdivision
subdivisions (1) and (2) the following:
(A) The type and amount of assistance granted.
(B) The type and amount of assistance denied or partially
granted.
(C) Specific reasons for denying all or part of the assistance
requested.
(D) Information advising the applicant of the procedures for
appeal to the board of commissioners or (after December 31,
2013, in the case of a county that approves a public
question under IC 36-6-1.1) to the circuit court having
jurisdiction in the county.
(E) After December 31, 2013, in the case of a county that
approves a public question under IC 36-6-1.1, any other
information required by the county plan.
(b) A copy of the notice described in subsection (a) shall be filed
with the recipient's application and affidavit in the trustee's office.
(c) An application for township assistance is not considered
complete until all adult members of the requesting household have
signed:
(1) the township assistance application; and
(2) any other form, instrument, or document:
(A) required by law; or
(B) determined necessary for investigative purposes by the trustee, as contained in the township's township assistance
This subsection does not apply after December 31, 2013, in a county that approves a public question under IC 36-6-1.1.
(b) A township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) a county trustee shall investigate to ascertain the following:
(1) Legal residence.
(2) Names and ages.
(3) Physical condition relating to sickness or health.
(4) Present and previous occupation.
(5) Ability and capacity to perform labor.
(6) The cause of the applicant's or household member's condition if the applicant or household member is found to be in need and the cause can be ascertained.
(7) Whether the applicant or a member of the applicant's household is entitled to income in the immediate future from any source, including the following:
(A) Past or present employment.
(B) A pending claim or cause of action that may result in a monetary award being received by any member of the applicant's household claiming to be in need.
(C) A pending determination for assistance from any other federal or state governmental entity.
(8) The family relationships of the township assistance applicant.
(9) Whether the township assistance applicant or members of the applicant's household have relatives able and willing to assist the applicant or a member of the applicant's household.
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 10. (a) As used in this section, "relative" includes
only the parent, stepparent, child, stepchild, sibling, stepsibling,
grandparent, stepgrandparent, grandchild, or stepgrandchild of a
township assistance applicant.
(b) If an applicant who applies for township assistance or a member
of the applicant's household has a relative living in the township or
(after December 31, 2013, in the case of a county that approves a
public question under IC 36-6-1.1) the county who is able to assist
the applicant or member of the applicant's household, the township
trustee shall, as administrator of township assistance and before
granting aid a second time, ask the relative to help the applicant or
member of the applicant's household, either with material relief or by
furnishing employment.
(c) A township trustee or (after December 31, 2013, in the case of
a county that approves a public question under IC 36-6-1.1) a
county trustee may not use township assistance funds to pay the cost
of an applicant's shelter with a relative who is the applicant's landlord
if the applicant lives in:
(1) the same household as the relative; or
(2) housing separate from the relative and either:
(A) the housing is unencumbered by mortgage; or
(B) the housing has not been previously rented by the relative
to a different tenant at reasonable market rates for at least six
(6) months.
(d) If shelter payments are made to a relative of a township
assistance applicant on behalf of the applicant or a member of the
applicant's household, the township trustee or (after December 31,
2013, in the case of a county that approves a public question under
IC 36-6-1.1) the county trustee may file a lien against the relative's
real property for the amount of township shelter assistance granted.
(b) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county that approves a public question under IC 36-6-1.1 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township trustee in a county that approves a public question under
IC 36-6-1.1 is considered a reference to the county trustee
appointed under IC 12-20-1.7.
(1) The applicant's name, case number, and address.
(2) The types of information being solicited, including the following:
(A) Countable income.
(B) Countable assets.
(C) Wasted resources.
(D) Relatives capable of providing assistance.
(E) Past or present employment.
(F) Pending claims or causes of action.
(G) A medical condition if relevant to work or workfare requirements.
(H) Any other information required by law.
(3) The names of individuals, agencies, and township trustee offices that will receive the information.
(4) The expiration date of the permission to disclose information.
(b) Information that is declared to be confidential by state or federal statute may not be obtained under the consent form prescribed by this section.
(c) The
(d) The
(e) The division of family resources, county offices, and the office of Medicaid policy and planning shall make available to the
(f) If an individual who is required to sign a form under this section is unable to sign the form in the
alternate arrangements to obtain the individual's signature.
(1) "township" in the case of a township in a county that approves a public question under IC 36-6-1.1 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a county that approves a public question under IC 36-6-1.1 is considered a reference to the county trustee appointed under IC 12-20-1.7.
(b) Notwithstanding any other law, a county may provide township assistance only to an individual who is a resident of the county or who intends to make the county the individual's sole place of residence.
(c) The county trustee may consider all relevant information that supports or refutes the individual's intent to make the township or county the individual's sole place of residence, except the length of time the individual has been located in the township or county.
(b) The township trustee may consider all relevant information that supports or refutes the individual's intent to make the township or county the individual's sole place of residence, except the length of time the individual has been located in the township or county.
(c) This section does not apply after December 31, 2013, to a county that approves a public question under IC 36-6-1.1.
not subject to sections 3 and 5 of this chapter unless the county
includes the provision in the county plan.
(b) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county that
approves a public question under IC 36-6-1.1 is considered a
reference to the county; and
(2) "township trustee" or "trustee" in the case of a county
that approves a public question under IC 36-6-1.1 is
considered a reference to the county trustee appointed under
IC 12-20-1.7.
(b) This subsection applies after December 31, 2013. This subsection applies only to a county that approves a public question under IC 36-6-1.1. The county trustee may call upon residents of the county to aid in finding employment for a township assistance applicant who is able to work.
(1) "township" in the case of a township in a county in which
a local public question is approved under IC 36-6-1.1 is
considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township
in a county in which a local public question is approved under
IC 36-6-1.1 is considered a reference to the county trustee
appointed under IC 12-20-1.7.
(1) federal, state, or local governmental entity; or
(2) nonprofit agency.
(b) After December 31, 2012, any reference in this chapter to "township board" is considered a reference to the county fiscal body.
(c) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county in which a local public question is approved under IC 36-6-1.1 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county in which a local public question is approved under IC 36-6-1.1 is considered a reference to the county trustee appointed under IC 12-20-1.7.
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Chapter 15.1. Appeals
Sec. 1. This chapter applies after December 31, 2013. This
chapter applies only to a county that approves a public question
under IC 36-6-1.1.
Sec. 2. If an applicant for or recipient of township assistance is
not satisfied with the decision of the county trustee, the applicant
or recipient may appeal to the circuit court in the county.
Sec. 3. In hearing an appeal, the court is governed by the
county's township assistance standards for determining eligibility
for granting township assistance in the county. If legally sufficient
standards have not been established, the court is guided by the
circumstances of the case.
(b) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county in which a local public question is approved under IC 36-6-1.1 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county in which a local public question is approved under IC 36-6-1.1 is considered a reference to the county trustee appointed under IC 12-20-1.7.
(b) After December 31, 2012, any reference to "township board" is considered a reference to the county fiscal body.
(c) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county in which a local public question is approved under IC 36-6-1.1 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county in which a local public question is approved under
IC 36-6-1.1 is considered a reference to the county trustee
appointed under IC 12-20-1.7.
(b) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county in which a local public question is approved under IC 36-6-1.1 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county in which a local public question is approved under IC 36-6-1.1 is considered a reference to the county trustee appointed under IC 12-20-1.7.
(b) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county in which a local public question is approved under IC 36-6-1.1 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county in which a local public question is approved under IC 36-6-1.1 is considered a reference to the county trustee appointed under IC 12-20-1.7.
(1) itemized and sworn to as provided by law;
(2) accompanied by the original township assistance order, which must be itemized and signed; and
(3) checked with the records of the township trustee, as administrator of township assistance, and audited and certified by the township trustee.
(b) After December 31, 2013, this subsection applies only to a county that does not approve a public question under IC 36-6-1.1. The township trustee shall pay claims against the township for township assistance in the same manner that other claims against the township are paid. The township trustee, when authorized to pay claims directly to vendors, shall pay a claim within forty-five (45) days. The township trustee shall pay the claim from:
(1) any balance standing to the credit of the township against which the claim is filed; or
(2) from any other available fund from which advancements can be made to the township for that purpose.
(c) This subsection applies after December 31, 2013. This subsection applies only to a county that approves a public question under IC 36-6-1.1. A county trustee shall pay claims against the county for township assistance in the same manner that other claims against the county are paid.
(b) This subsection does not apply to a county having a consolidated city. If the township board does not appeal to borrow money under IC 12-20-24 or if an appeal fails, the board of commissioners may borrow money or otherwise provide the money . If the county commissioners determine to borrow the money or otherwise provide the money, the county fiscal body shall promptly pass necessary ordinances and make the necessary appropriations to enable this to be done, after determining whether to borrow money by any of the following:
(1) A temporary loan against taxes levied and in the process of collection.
(2) The sale of county township assistance bonds or other county obligations.
(3) Any other lawful method of obtaining money for the payment of township assistance claims.
(c) This subsection applies only to a county having a consolidated city. If a township board does not appeal to borrow money under IC 12-20-24 or if an appeal fails, the board of commissioners shall
borrow money or otherwise provide the money. The county fiscal body
shall promptly pass necessary ordinances and make the necessary
appropriations to enable this to be done, after determining whether to
borrow money by any of the following methods:
(1) A temporary loan against taxes levied and in the process of
collection.
(2) The sale of county township assistance bonds or other county
obligations.
(3) Any other lawful method of obtaining money for the payment
of township assistance claims.
(d) After December 31, 2013, this section applies only to a
county that does not approve a public question under IC 36-6-1.1.
(b) If a tax levy is established under subsection (a), all proceeds derived from the tax levy shall be distributed to the township at the same time and in the same manner as proceeds from other property tax levies are distributed to the township. The proceeds of the tax levy shall be held by the township in its township assistance account free and available for the payment of township assistance obligations of the township. The funds are continuing funds and do not revert to any other fund at the end of the year.
(c) After December 31, 2013, this section applies only to a county that does not approve a public question under IC 36-6-1.1.
[EFFECTIVE JULY 1, 2011]: Sec. 6. (a) This section applies after
December 31, 2013. This section applies only to a county that
approves a public question under IC 36-6-1.1. The county shall
establish a township assistance fund not later than January 1, 2014.
The fund shall be administered by the county trustee.
(b) The fund shall be raised by a tax levy that:
(1) is in addition to all other tax levies authorized; and
(2) shall be levied annually by the county fiscal body on all
taxable property in the county in the amount necessary to pay
the items, awards, claims, allowances, assistance, and other
expenses set forth in the annual county township assistance
budget.
(c) The tax imposed under this section shall be collected as other
state and county ad valorem taxes are collected.
(d) The following shall be paid into the fund:
(1) All receipts from the tax imposed under this section.
(2) Any other money required by law to be placed in the fund.
(e) The fund is available to pay expenses and obligations set
forth in the annual budget.
(f) Money in the fund at the end of a budget year does not revert
to the county general fund.
(b) After receiving notice under subsection (a) that a township's township assistance account or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) the county's township assistance fund will be exhausted before the end of a fiscal year, the township board shall or (after December 31, 2012)
the county fiscal body may appeal to the department of local
government finance for the right to borrow money on a short term basis
to fund township assistance services in the township or (after
December 31, 2013, in the case of a county that approves a public
question under IC 36-6-1.1) in the county. In the appeal the township
board or (after December 31, 2012) the county fiscal body must do
the following:
(1) Show that the amount of money contained in the township
assistance account or the township assistance fund will not be
sufficient to fund services required to be provided within the
township or (after December 31, 2013, in the case of a county
that approves a public question under IC 36-6-1.1) within the
county by this article.
(2) Show the amount of money that the board or (after December
31, 2012) the county fiscal body estimates will be needed to fund
the deficit.
(3) Indicate a period, not to exceed five (5) years, during which
the township or (after December 31, 2013, in the case of a
county that approves a public question under IC 36-6-1.1) the
county would repay the loan.
(b) If upon appeal under section 1 of this chapter the department determines that the township board or (after December 31, 2012) a county fiscal body should not be allowed to borrow money, the board or (after December 31, 2012) the county fiscal body may not do so for that year.
council before July 1, 2006) or the department shall determine the
period during which the township or (after December 31, 2013, in the
case of a county that approves a public question under IC 36-6-1.1)
the county shall repay the loan. However, the period may not exceed
five (5) years.
(1) Approve a request to borrow money made under IC 12-2-4.5 (before its repeal) or this chapter unless the body determines that the township's township assistance account or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) the county's township assistance fund will be exhausted before the account or fund can fund all township or county obligations incurred under this article.
(2) Recommend or approve a loan that will exceed the estimated amount of the deficit.
(1) appeals before August 1 for permission to borrow money;
(2) receives permission from:
(A) the board of commissioners or the county council, before July 1, 2006; or
(B) the department;
to borrow money before November 1 of that year; and
(3) borrows money under this chapter;
the township board or (after December 31, 2012) the county fiscal body shall levy a property tax beginning in the next succeeding year and continuing for the term of the loan in an amount each year that will be sufficient to pay the principal and interest due on the loan for the year.
(b) If a township board or (after December 31, 2012) the county fiscal body:
(1) appeals after August 1 for permission to borrow money;
(2) receives permission from:
(A) the board of commissioners or the county council, before July 1, 2006; or
(B) the department;
to borrow money; and
(3) borrows money in the year of the appeal under this chapter;
the township board or (after December 31, 2012) the county fiscal body shall levy a property tax beginning in the second succeeding year and continuing for the term of the loan in an amount each year that will be sufficient to pay the principal and interest due on the loan for the year.
(c) The property taxes levied under this section shall be retained by the township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) the county executive and applied by the township trustee or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) the county executive to retire the debt.
(1) "township" in the case of a township in a county that approves a local public question under IC 36-6-1.1 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county that approves a local public question under IC 36-6-1.1 is considered a reference to the county trustee appointed under IC 12-20-1.7.
this section applies only to a county that does not approve a public
question under IC 36-6-1.1.
(a) (b) The definitions in this section apply to a report that is
required to be filed under this section.
(b) (c) As used in this section, "case contact" means any act of
service in which a township employee has reason to enter a comment
or narrative into the record of an application for township assistance
under this article regardless of whether the applicant receives or does
not receive township assistance funds.
(c) (d) As used in this section, "total number of households
containing township assistance recipients" means the sum to be
determined by counting the total number of individuals who file an
application for which assistance is granted. A household may be
counted only once during a calendar year regardless of the number of
times assistance is provided if the same individual makes the
application for assistance.
(d) (e) As used in this section, "total number of recipients" means
the number of individuals who are members of a household that
receives assistance on at least one (1) occasion during the calendar
year. An individual may be counted only one (1) time during a calendar
year regardless of the:
(1) number of times assistance is provided; or
(2) number of households in which the individual resides during
a particular year.
(e) (f) As used in this section, "total number of requests for
assistance" means the number of times an individual or a household
separately requests any type of township assistance.
(f) (g) The township trustee shall file an annual statistical report on
township housing, medical care, utility assistance, food assistance,
burial assistance, food pantry assistance, services related to
representative payee programs, services related to special
nontraditional programs, and case management services with the state
board of accounts. The township trustee shall provide a copy of the
annual statistical report to the county auditor. The county auditor shall
keep the copy of the report in the county auditor's office. Except as
provided in subsection (k), (l), the report must be made on a form
provided by the state board of accounts. The report must contain the
following information:
(1) The total number of requests for assistance.
(2) The total number of each of the following:
(A) Recipients of township assistance.
(B) Households containing recipients of township assistance.
(C) Case contacts made with or on behalf of:
(i) recipients of township assistance; or
(ii) members of a household receiving township assistance.
(3) The total value of benefits provided to recipients of township assistance.
(4) The total value of benefits provided through the efforts of township staff from sources other than township funds.
(5) The total number of each of the following:
(A) Recipients of township assistance and households receiving utility assistance.
(B) Recipients assisted by township staff in receiving utility assistance from sources other than township funds.
(6) The total value of benefits provided for the payment of utilities, including the value of benefits of utility assistance provided through the efforts of township staff from sources other than township funds.
(7) The total number of each of the following:
(A) Recipients of township assistance and households receiving housing assistance.
(B) Recipients assisted by township staff in receiving housing assistance from sources other than township funds.
(8) The total value of benefits provided for housing assistance, including the value of benefits of housing assistance provided through the efforts of township staff from sources other than township funds.
(9) The total number of each of the following:
(A) Recipients of township assistance and households receiving food assistance.
(B) Recipients assisted by township staff in receiving food assistance from sources other than township funds.
(10) The total value of food assistance provided, including the value of food assistance provided through the efforts of township staff from sources other than township funds.
(11) The total number of each of the following:
(A) Recipients of township assistance and households provided health care.
(B) Recipients assisted by township staff in receiving health care assistance from sources other than township funds.
(12) The total value of health care provided, including the value of health care assistance provided through the efforts of township staff from sources other than township funds.
(13) The total number of funerals, burials, and cremations.
(14) The total value of funerals, burials, and cremations, including the difference between the:
(A) actual value of the funerals, burials, and cremations; and
(B) amount paid by the township for the funerals, burials, and cremations.
(15) The total of each of the following:
(A) Number of nights of emergency shelter provided to the homeless.
(B) Number of nights of emergency shelter provided to homeless individuals through the efforts of township staff from sources other than township funds.
(C) Value of the nights of emergency shelter provided to homeless individuals by the township and the value of the nights of emergency shelter provided through the efforts of the township staff from sources other than township funds.
(16) The total of each of the following:
(A) Number of referrals of township assistance applicants to other programs.
(B) Value of the services provided by the township in making referrals to other programs.
(17) The total number of training programs or job placements found for recipients of township assistance with the assistance of the township trustee.
(18) The number of hours spent by recipients of township assistance at workfare.
(19) The total value of the services provided by workfare to the township and other agencies.
(20) The total amount of reimbursement for assistance received from:
(A) recipients;
(B) members of recipients' households; or
(C) recipients' estates;
under IC 12-20-6-10, IC 12-20-27-1, or IC 12-20-27-1.5.
(21) The total amount of reimbursement for assistance received from medical programs under IC 12-20-16-2(e).
(22) The total of each of the following:
(A) Number of individuals assisted through a representative payee program.
(B) Amount of funds processed through the representative payee program that are not township funds.
(23) The total of each of the following:
(A) Number of individuals assisted through special
nontraditional programs provided through the township
without the expenditure of township funds.
(B) Amount of funds used to provide the special nontraditional
programs that are not township funds.
(24) The total of each of the following:
(A) Number of hours an investigator of township assistance
spends providing case management services to a recipient of
township assistance or a member of a household receiving
township assistance.
(B) Value of the case management services provided.
(25) The total number of housing inspections performed by the
township.
If the total number or value of any item required to be reported under
this subsection is zero (0), the township trustee shall include the
notation "0" in the report where the total number or value is required
to be reported.
(g) (h) The state board of accounts shall compare and compile all
data reported under subsection (f) (g) into a statewide statistical report.
The department shall summarize the data compiled by the state board
of accounts that relate to the fixing of township budgets, levies, and tax
rates and shall include the department's summary within the statewide
statistical report prepared under this subsection. Before July 1 of each
year, the state board of accounts shall file the statewide statistical
report prepared under this subsection with the executive director of the
legislative services agency in an electronic format under IC 5-14-6.
(h) (i) The state board of accounts shall forward a copy of:
(1) each annual report forwarded to the board under subsection
(f); (g); and
(2) the statewide statistical report under subsection (g); (h);
to the department and the division of family resources.
(i) (j) The division of family resources shall include in the division's
periodic reports made to the United States Department of Health and
Human Services concerning the Temporary Assistance for Needy
Families (TANF) and Supplemental Security Income (SSI) programs
information forwarded to the division under subsection (h) (i)
concerning the total number of recipients of township assistance and
the total dollar amount of benefits provided.
(j) (k) The department may not approve the budget of a township
trustee who fails to file an annual report under subsection (f) (g) in the
preceding calendar year.
(k) (l) This section does not prevent the electronic transfer of data
required to be reported under IC 12-2-1-40 (before its repeal) or this
section if the following conditions are met:
(1) The method of reporting is acceptable to both the township
trustee reporting the information and the governmental entity to
which the information is reported.
(2) A written copy of information reported by electronic transfer
is on file with the township trustee reporting information by
electronic means.
(l) (m) The information required to be reported by the township
trustee under this section shall be maintained by the township trustee
in accordance with IC 5-15-6.
(b) The definitions in section 3 of this chapter apply to a report that is required to be filed under this section.
(c) As used in this section, "county trustee" means the county trustee appointed under IC 12-20-1.7.
(d) The county trustee shall file an annual statistical report on county housing, medical care, utility assistance, food assistance, burial assistance, food pantry assistance, services related to representative payee programs, services related to special nontraditional programs, and case management services with the state board of accounts. The county trustee shall provide a copy of the annual statistical report to the county auditor. The county auditor shall keep the copy of the report in the county auditor's office. Except as provided in subsection (i), the report must be made on a form provided by the state board of accounts. The report must contain the following information:
(1) The total number of requests for assistance.
(2) The total number of each of the following:
(A) Recipients of township assistance.
(B) Households containing recipients of township assistance.
(C) Case contacts made with or on behalf of:
(i) recipients of township assistance; or
(ii) members of a household receiving township assistance.
(3) The total value of benefits provided to recipients of township assistance.
(4) The total value of benefits provided through the efforts of
the county from sources other than county funds.
(5) The total number of each of the following:
(A) Recipients of township assistance and households
receiving utility assistance.
(B) Recipients assisted by township staff in receiving utility
assistance from sources other than county funds.
(6) The total value of benefits provided for the payment of
utilities, including the value of benefits of utility assistance
provided through the efforts of the county from sources other
than county funds.
(7) The total number of each of the following:
(A) Recipients of township assistance and households
receiving housing assistance.
(B) Recipients assisted by the county in receiving housing
assistance from sources other than county funds.
(8) The total value of benefits provided for housing assistance,
including the value of benefits of housing assistance provided
through the efforts of the county, from sources other than
county funds.
(9) The total number of each of the following:
(A) Recipients of township assistance and households
receiving food assistance.
(B) Recipients assisted by the county in receiving food
assistance from sources other than county funds.
(10) The total value of food assistance provided, including the
value of food assistance provided through the efforts of the
county from sources other than county funds.
(11) The total number of each of the following:
(A) Recipients of township assistance and households
provided health care.
(B) Recipients assisted by the county in receiving health
care assistance from sources other than county funds.
(12) The total value of health care provided, including the
value of health care assistance provided through the efforts of
the county from sources other than county funds.
(13) The total number of funerals, burials, and cremations.
(14) The total value of funerals, burials, and cremations,
including the difference between the actual value of the
funerals, burials, and cremations and amount paid by the
county for the funerals, burials, and cremations.
(15) The total of each of the following:
(A) Number of nights of emergency shelter provided to
homeless individuals.
(B) Number of nights of emergency shelter provided to
homeless individuals through the efforts of the county from
sources other than county funds.
(C) Value of the nights of emergency shelter provided to
homeless individuals by the county and the value of the
nights of emergency shelter provided through the efforts
of the county from sources other than county funds.
(16) The total of each of the following:
(A) Number of referrals of township assistance applicants
to other programs.
(B) Value of the services provided by the county in making
referrals to other programs.
(17) The total number of training programs or job placements
found for recipients of township assistance with the assistance
of the county trustee.
(18) The number of hours spent by recipients of township
assistance at workfare.
(19) The total value of the services provided by workfare to
the county and other agencies.
(20) The total amount of reimbursement for assistance
received from:
(A) recipients;
(B) members of recipients' households; or
(C) recipients' estates;
under IC 12-20-6-10, IC 12-20-27-1, or IC 12-20-27-1.5.
(21) The total amount of reimbursement for assistance
received from medical programs under IC 12-20-16-2(e).
(22) The total of each of the following:
(A) Number of individuals assisted through a
representative payee program.
(B) Amount of funds processed through the representative
payee program that are not county funds.
(23) The total of each of the following:
(A) Number of individuals assisted through special
nontraditional programs provided through the township or
the county without the expenditure of county funds.
(B) Amount of funds used to provide the special
nontraditional programs that are not county funds.
(24) The total of each of the following:
(A) Number of hours an investigator of township assistance
spends providing case management services to a recipient
of township assistance or a member of a household
receiving township assistance.
(B) Value of the case management services provided.
(25) The total number of housing inspections performed by
the county.
If the total number or value of any item required to be reported
under this subsection is zero (0), the board shall include the
notation "0" in the report where the total number or value is
required to be reported.
(e) The state board of accounts shall compare and compile all
data reported under subsection (d) into a statewide statistical
report. The department shall summarize the data compiled by the
state board of accounts that relates to the fixing of county budgets,
levies, and tax rates and shall include the department's summary
within the statewide statistical report prepared under this
subsection. Before July 1 of each year, the state board of accounts
shall file the statewide statistical report prepared under this
subsection with the executive director of the legislative services
agency in an electronic format under IC 5-14-6.
(f) The state board of accounts shall forward a copy of:
(1) each annual report forwarded to the board under
subsection (d); and
(2) the statewide statistical report under subsection (e);
to the department and the division of family resources.
(g) The division of family resources shall include in the
division's periodic reports made to the United States Department
of Health and Human Services concerning the Temporary
Assistance for Needy Families (TANF) and Supplemental Security
Income (SSI) programs information forwarded to the division
under subsection (f) concerning the total number of recipients of
township assistance and the total dollar amount of benefits
provided.
(h) The department may not approve the budget of a county
that failed to file an annual report under subsection (d) in the
preceding calendar year.
(i) This section does not prevent the electronic transfer of data
required to be reported under IC 12-2-1-40 (before its repeal) or
this section if the following conditions are met:
(1) The method of reporting is acceptable to both the board
reporting the information and the governmental entity to
which the information is reported.
(2) A written copy of information reported by electronic
transfer is on file with the board reporting information by
electronic means.
(j) The information required to be reported by the board under
this section shall be maintained by the county trustee in accordance
with IC 5-15-6.
(1) "township" in the case of a township in a county that approves a local public question under IC 36-6-1.1 is considered a reference to the county; and
(2) "township trustee" or "trustee" in the case of a township in a county that approves a local public question under IC 36-6-1.1 is considered a reference to the county trustee appointed under IC 12-20-1.7.
(1) board of commissioners of a county
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
(1) the county council, for a county not having a consolidated city;
(2) the city-county council of a consolidated city and county;
(3) the common council of a city;
(4) the town council of a town;
(5)
(A) the township board, before January 1, 2013; and
(B) the county fiscal body, after December 31, 2012; or
(6) the board of directors of a conservancy district.
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4. (a) The weed control board consists of the
following members to be appointed by the authorizing body:
(1) One (1) member who is:
(A) a township trustee of a township in the county; or
(B) after December 31, 2013, in the case of a county that
approves a public question under IC 36-6-1.1, the county
officer or employee responsible for the destruction of
detrimental plants described in this chapter or their
designee.
(2) One (1) soil and water conservation district supervisor.
(3) One (1) representative from the agricultural community of the
county.
(4) One (1) representative from the county highway department
or an appointee of the county commissioners.
(5) One (1) cooperative extension service agent from the county
to serve in a nonvoting advisory capacity.
(b) Each board member shall be appointed for a term of four (4)
years. All vacancies in the membership of the board shall be filled for
the unexpired term in the same manner as initial appointments.
(c) The board shall elect a chairperson and a secretary. The
members of the board are not entitled to receive any compensation, but
are entitled to any traveling and other expenses that are necessary in the
discharge of the members' duties.
(b) After December 31, 2012, any reference in this chapter to "township board" is considered a reference to the county fiscal body.
(c) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county that approves a local public question under IC 36-6-1.1 is considered a reference to the geographic area of a dissolved township in a county; and
(2) "township trustee" or "trustee" in the case of a township in a county that approves a local public question under IC 36-6-1.1, is considered a reference to the county executive
or the county executive's designee to administer this chapter.
(b) As used in this section, "plan" has the meaning set forth in IC 12-20-1.6-3.
(1) by the appropriate county, city, or town against which the application form is issued from general funds;
(2) by the appropriate township against which the application form is issued from funds in the township assistance fund; and
(3) after December 31, 2013, in the case of a county that approves a local public question under IC 36-6-1.1, from funds in the county's township assistance fund;
not otherwise appropriated without appropriations.
(1) township; or
(2) (after December 31, 2013) county that approves a local public question under IC 36-6-1.1;
is not responsible for paying for biologicals as provided in subsection
(1) the financial ability of the individual claiming to be indigent is in question; and
(2) a standard application for township assistance must be filed with the township or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) the county.
The township or (after December 31, 2013, in the case of a county that approves a public question under IC 36-6-1.1) the county shall
continue to furnish insulin under this section until the township trustee
or the county trustee completes an investigation and makes a
determination as to the individual's financial ability to pay for insulin.
(d) (f) For purposes of this section, the township or (after
December 31, 2013, in the case of a county that approves a public
question under IC 36-6-1.1) the county shall consider an adult
individual needing insulin as an individual and not as a member of a
household requesting township assistance.
(b) This subsection applies if a governing body does not develop, before July 1, 2013, a reorganization plan under IC 20-23 that will be implemented before January 1, 2014. After June 30, 2013, the state board shall develop a reorganization plan for a school township to which this subsection applies and require the governing body to implement the plan.
(c) This section expires January 1, 2017.
(1) The name of the community school corporation.
(2) Subject to subsection (e), a general description of the boundaries of the community school corporation.
(3) With respect to the board of school trustees, the following:
(A) Whether the number of members is:
(i) three (3);
(ii) five (5); or
(iii) seven (7).
(B) Whether the members are elected or appointed.
(C) If the members are appointed:
(i) when the appointments are made; and
(ii) who makes the appointments.
(D) If the members are elected,
(E) Subject to sections 21 and 22 of this chapter, the manner in which members are elected or appointed.
(4) The compensation, if any, of the members of the regular and interim board of school trustees, which may not exceed the amount provided in IC 20-26-4-7.
(5) Subject to subsection (f), qualifications required of the members of the board of school trustees, including limitations on:
(A) residence; and
(B) term of office.
(6) If an existing school corporation is divided in the reorganization, the disposition of assets and liabilities.
(7) The disposition of school aid bonds, if any.
(b) If existing school corporations are not divided in the reorganization, the:
(1) assets;
(2) liabilities; and
(3) obligations;
of the existing school corporations shall be transferred to and assumed by the new community school corporation of which they are a part, regardless of whether the plan provides for transfer and assumption.
(c) The preliminary plan must be supported by a summary statement of the following:
(1) The educational improvements the plan's adoption will make possible.
(2) Data showing the:
(A) assessed valuation;
(B) number of resident students in ADA in grades 1 through 12;
(C) assessed valuation per student referred to in clause (B); and
(D) property tax levies;
of each existing school corporation to which the plan applies.
(3) The:
(A) assessed valuation;
(B) resident ADA; and
(C) assessed valuation per student;
data referred to in subdivision 2(A) through 2(C) that would have applied for each proposed community school corporation if the corporation existed in the year the preliminary plan is prepared or notice of a hearing or hearings on the preliminary plan is given by the county committee.
(4) Any other data or information the county committee considers appropriate or that may be required by the state board in its rules.
(d) The county committee:
(1) shall base the assessed valuations and tax levies referred to in subsection (c)(2) through (c)(3) on the valuations applying to taxes collected in:
(A) the year the preliminary plan is prepared; or
(B) the year notice of a hearing or hearings on the preliminary plan is given by the county committee;
(2) may base the resident ADA figures on the calculation of the figures under the rules under which they are submitted to the state superintendent by existing school corporations; and
(3) shall set out the resident ADA figures for:
(A) the school year in progress if the figures are available for that year; or
(B) the immediately preceding school year if the figures are not available for the school year in progress.
The county committee may obtain the data and information referred to in this subsection from any source the committee considers reliable. If the county committee attempts in good faith to comply with this subsection, the summary statement referred to in subsection (c) is sufficient regardless of whether the statement is exactly accurate.
(e) The general description referred to in subsection (a)(2) may consist of an identification of an existing school corporation that is to be included in its entirety in the community school corporation. If a boundary does not follow the boundary of an existing civil unit of government or school corporation, the description must set out the boundary:
(1) as near as reasonably possible by:
(A) streets;
(B) rivers; and
(C) other similar boundaries;
that are known by common names; or
(2) if descriptions as described in subdivision (1) are not possible, by section lines or other legal description.
The description is not defective if there is a good faith effort by the county committee to comply with this subsection or if the boundary
may be ascertained with reasonable certainty by a person skilled in the
area of real estate description. The county committee may require the
services of the county surveyor in preparing a description of a boundary
line.
(f) A member of the board of school trustees:
(1) may not serve an appointive or elective term of more than four
(4) years; and
(2) may serve more than one (1) consecutive appointive or
elective term.
(b) If a plan provides for election of members of the governing body, the members of the governing body shall be elected at a general election. Each candidate must, in accordance with IC 3-8-2.5, file a petition of nomination that is signed by the candidate and by ten (10) registered voters residing within the boundaries of the community school corporation. The filing must be made within the time specified by IC 3-8-2.5-4.
(c) All nominations shall be listed for each office in the form prescribed by IC 3-11-2, but without party designation. Voting and tabulation of votes shall be conducted in the same manner as voting and tabulation in general elections are conducted. The precinct election boards serving in each county shall conduct the election for members of the governing body. If a school corporation is located in more than one (1) county, each county election board shall print the ballots required for voters in that county to vote for candidates for members of the governing body.
(d) If the plan provides that the members of the governing body shall be elected by all the voters of the community school corporation, candidates shall be placed on the ballot in the form prescribed by IC 3-11-2, without party designation. The candidates who receive the most votes are elected.
(e) If the plan provides that members of the governing body are to be elected from residence districts by all voters in the community school corporation, nominees for the governing body shall be placed on the ballot in the form prescribed by IC 3-11-2, by residence districts without party designation. The ballot must state the number of members to be voted on and the maximum number of members that may be elected from each residence district as provided in the plan. A ballot is not valid if more than
the maximum number of members are voted on from a board
member residence district. The candidates who receive the most
votes are elected. However, if more than the maximum number
that may be elected from a residence district are among those
receiving the most votes, the candidates from the residence districts
exceeding the maximum number who receive the fewest votes shall
be eliminated in determining the candidates who are elected.
(f) If the plan provides that members of the governing body are
to be elected from electoral districts solely by the voters of each
district, nominees residing in each electoral district shall be placed
on the ballot in the form prescribed by IC 3-11-2, without party
designation. The ballot must state the number of members to be
voted on from the electoral district. The candidates residing in the
electoral district who receive the most votes are elected.
(1) a tie vote occurs among the members of the governing body under this subsection or IC 3-12-9-4; or
(2) the governing body fails to act within thirty (30) days after any vacancy occurs;
the judge of the circuit court in the county where the majority of registered voters of the school corporation reside shall make the appointment.
not occur when the member moves from a district of the school
corporation from which the member was elected or appointed if the
member continues to be a resident of the school corporation.
(f) (e) At the first primary or general election in which members of
the governing body are elected:
(1) a simple majority of the candidates elected as members of the
governing body who receive the highest greatest number of votes
shall be elected for four (4) year terms; and
(2) the balance of the candidates elected as members of the
governing body receiving the next highest greatest number of
votes shall be elected for two (2) year terms.
Thereafter, all school board members shall be elected for four (4) year
terms.
(g) (f) Elected governing body members elected:
(1) in November take office and assume their duties on January
1 or July 1 after their election, as determined by the board of
school trustees before the election. and
(2) in May take office and assume their duties on July 1 after their
election.
(1) trustees; and
(2) members of school boards;
of the school corporations forming the metropolitan board of education.
(b) The members of the metropolitan board of education shall serve ex officio as members subject to the laws concerning length of terms, powers of election, or appointment and filling vacancies applicable to their respective offices.
(c) If a metropolitan school district is comprised of only two (2) board members, the two (2) members shall appoint a third board member not more than ten (10) days after the creation of the metropolitan school district. If the two (2) members are unable to agree on or do not make the appointment of a third board member within the ten (10) day period after the creation of the metropolitan school district, the third member shall be appointed not more than twenty (20) days after the creation of the metropolitan school district by the judge of the circuit court of the county in which the metropolitan school district is located. If the metropolitan school district is located in two (2) or more counties, the judge of the circuit court of the county containing that part of the metropolitan school district having more students than the part
or parts located in another county or counties shall appoint the third
member. The members of the metropolitan board of education serve
until their successors are elected or appointed and qualified.
(d) The first meeting of the first metropolitan board of education
shall be held not more than one (1) month after the creation of the
metropolitan school district. The first meeting shall be called by the
superintendent of schools, or township trustee of a school township, of
the school corporation in the district having the largest greatest
number of students. At the first meeting, the board shall organize, and
each year during the first ten (10) days of each July after the board
members that are elected or appointed to a new term take office,
the board shall reorganize, by electing a president, a vice president, a
secretary, and a treasurer.
(e) The secretary of the board shall keep an accurate record of the
minutes of the metropolitan board of education, and the minutes shall
be kept in the superintendent's office. When a metropolitan school
district is formed, the metropolitan superintendent shall act as
administrator of the board and shall carry out the acts and duties as
designated by the board. A quorum consists of a majority of the
members of the board. A quorum is required for the transaction of
business. The vote of a majority of those present is required for a:
(1) motion;
(2) ordinance; or
(3) resolution;
to pass.
(f) The board shall conduct its affairs in the manner described in this
section. Except in unusual cases, the board shall hold its meetings at
the office of the metropolitan superintendent or at a place mutually
designated by the board and the superintendent. Board records are to
be maintained and board business is to be conducted from the office of
the metropolitan superintendent or a place designated by the board and
the superintendent.
(g) The metropolitan board of education shall have the power to pay
to a member of the board:
(1) a reasonable per diem for service on the board not to exceed
one hundred twenty-five dollars ($125) per year; and
(2) for travel to and from a member's home to the place of the
meeting within the district, a sum for mileage equal to the amount
per mile paid to state officers and employees. The rate per mile
shall change when the state government changes its rate per mile.
[EFFECTIVE JULY 1, 2011]: Sec. 8.1. (a) The registered voters of
the metropolitan school district shall elect the members of the
metropolitan board of education at general elections held
biennially, beginning with the next general election that is held
more than sixty (60) days after the creation of the metropolitan
school district as provided in this chapter.
(b) Each nominee for the board must file a petition of
nomination signed by the nominee and by ten (10) registered voters
residing in the same board member district as the nominee. The
petition must be filed in accordance with IC 3-8-2.5 with the circuit
court clerk of each county in which the metropolitan school district
is located.
(c) Nominees for the board shall be listed on the general election
ballot:
(1) in the form prescribed by IC 3-11-2;
(2) by board member districts; and
(3) without party designation.
The ballot must state the number of board members to be voted on
and the maximum number of members that may be elected from
each board member district as provided under section 5 of this
chapter. A ballot that contains more votes than the maximum
number allowed from a board member district is invalid.
(d) The precinct election boards in each county serving at the
general election shall conduct the election for school board
members.
(e) Voting and tabulation of votes shall be conducted in
accordance with IC 3, and the candidates who receive the most
votes are elected to the board.
(f) If there are more candidates from a particular board
member district than may be elected from the board member
district under section 5 of this chapter:
(1) the number of candidates elected is the greatest number
that may be elected from the board member district;
(2) the candidates elected are those who, among the
candidates from the board member district, receive the most
votes; and
(3) the other candidates from the board member district are
eliminated.
(g) If there is a tie vote among the candidates for the board, the
judge of the circuit court in the county where the majority of the
registered voters of the metropolitan school district reside shall
select one (1) of the candidates, who shall be declared and certified
elected.
(h) If, at any time after the first board member election a
vacancy on the board occurs for any reason, including an
insufficient number of petitions for candidates being filed, and
regardless of whether the vacating member was elected or
appointed, the remaining members of the board, whether or not a
majority of the board, shall by a majority vote fill the vacancy by:
(1) appointing a person from the board member district from
which the person who vacated the board was elected; or
(2) if the person was appointed, appointing a person from the
board member district from which the last elected
predecessor of the person was elected.
If a majority of the remaining members of the board is unable to
agree or the board fails to act within thirty (30) days after a
vacancy occurs, the judge of the circuit court in the county where
the majority of registered voters of the metropolitan school district
reside shall make the appointment.
(i) A successor to a board member appointed under subsection
(h) shall be elected at a general election held on the earlier of the
following:
(1) More than sixty (60) days after an elected board member
vacates membership on the board.
(2) Immediately before the end of the term for which the
vacating member was elected.
Unless the successor takes office at the end of the term of the
vacating member, the member shall serve only for the balance of
the vacating member's term. In an election for a successor board
member to fill a vacancy for a two (2) year balance of a term,
candidates for board membership need not file for or with
reference to the vacancy. However, as required by IC 3-11-2,
candidates for at-large seats must be distinguished on the ballot
from candidates for district seats. If there is more than one (1)
at-large seat on the ballot due to this vacancy, the elected candidate
who receives the fewest votes at the election at which the successor
is elected serves a two (2) year term.
(j) At the first general election in which members of the board
are elected under this section, the elected candidates who constitute
a simple majority of the elected candidates and who receive the
most votes shall be elected for four (4) year terms, and the other
elected candidates shall be elected for two (2) year terms.
(k) After the first general election referred to in subsection (j),
board members shall be elected for four (4) year terms and shall
take office January 1 following their election.
(b) As used in this section, "school township" means a school township in Indiana that:
(1) for the last full school semester immediately preceding:
(A) the adoption of a preliminary resolution by the township trustee and the township board under subsection (f); or
(B) the adoption of a resolution of disapproval by the township trustee and the township board under subsection (g);
had an ADM of at least six hundred (600) students in kindergarten through grade 12 in the public schools of the school township; or
(2) is part of a township in which there were more votes cast for township trustee outside the school township than inside the school township in the general election at which the trustee was elected and that preceded the adoption of the preliminary or disapproving resolution.
(c) As used in this section, "township board" means the township board of a township in which the school township is located.
(d) As used in this section, "township trustee" means the township trustee of the township in which the school township is located.
(e) In a school township, a metropolitan school district may be created by complying with this section. A metropolitan school district created under this section shall have the same boundaries as the school township. After a district has been created under this section, the school township that preceded the metropolitan school district is abolished. The procedures or provisions governing the creation of a metropolitan school district under another section of this chapter do not apply to the creation of a district under this section. After a metropolitan school district is created under this section, the district shall, except as otherwise provided in this section, be governed by and operate in accordance with this chapter governing the operation of a metropolitan school district as established under section 2 of this chapter.
(f) Except as provided in subsection (g), a metropolitan school district provided for in subsection (e) may be created in the following manner:
(1) The township trustee shall call a meeting of the township board. At the meeting, the township trustee and a majority of the
township board shall adopt a resolution that a metropolitan school
district shall be created in the school township. The township
trustee shall then give notice:
(A) by two (2) publications one (1) week apart in a newspaper
of general circulation published in the school township; or
(B) if there is no newspaper as described in clause (A), in a
newspaper of general circulation in the county;
of the adoption of the resolution setting forth the text of the
resolution.
(2) On the thirtieth day after the date of the last publication of the
notice under subdivision (1) and if a protest has not been filed, the
township trustee and a majority of the township board shall
confirm their preliminary resolution. If, however, on or before the
twenty-ninth day after the date of the last publication of the
notice, a number of registered voters of the school township,
equal to five percent (5%) or more of the number of votes cast in
the school township for secretary of state at the last preceding
general election for that office, sign and file with the township
trustee a petition requesting an election in the school township to
determine whether or not a metropolitan school district must be
created in the township in accordance with the preliminary
resolution, then an election must be held as provided in
subsection (h). The preliminary resolution and confirming
resolution provided in this subsection shall both be adopted at a
meeting of the township trustee and township board in which the
township trustee and each member of the township board received
or waived a written notice of the date, time, place, and purpose of
the meeting. The resolution and the proof of service or waiver of
the notice shall be made a part of the records of the township
board.
(g) Except as provided in subsection (f), a metropolitan school
district may also be created in the following manner:
(1) A number of registered voters of the school township, equal
to five percent (5%) or more of the votes cast in the school
township for secretary of state at the last general election for that
office, shall sign and file with the township trustee a petition
requesting the creation of a metropolitan school district under this
section.
(2) The township trustee and a majority of the township board
shall, not more than ten (10) days after the filing of a petition:
(A) adopt a preliminary resolution that a metropolitan school
district shall be created in the school township and proceed as
provided in subsection (f); or
(B) adopt a resolution disapproving the creation of the district.
(3) If either the township trustee or a majority of township board
members vote in favor of disapproving the resolution, an election
must be held to determine whether or not a metropolitan school
district shall be created in the school township in the same
manner as is provided in subsection (f) if an election is requested
by petition.
(h) An election required under subsection (f) or (g) may, at the
option of the township trustee, be held either as a special election or in
conjunction with a primary or general election to be held not more than
one hundred twenty (120) days after the filing of a petition under
subsection (f) or the adoption of the disapproving resolution under
subsection (g). The township trustee shall certify the question to the
county election board under IC 3-10-9-3 and give notice of an election:
(1) by two (2) publications one (1) week apart in a newspaper of
general circulation in the school township; or
(2) if a newspaper described in subdivision (1) does not exist, in
a newspaper of general circulation published in the county.
The notice must provide that on a day and time named in the notice, the
polls shall be opened at the usual voting places in the various precincts
in the school township for the purpose of taking the vote of the
registered voters of the school township regarding whether a
metropolitan school district shall be created in the township. The
election shall be held not less than twenty (20) days and not more than
thirty (30) days after the last publication of the notice unless a primary
or general election will be conducted not more than six (6) months after
the publication. In that case, the county election board shall place the
public question on the ballot at the primary or general election. If the
election is to be a special election, the township trustee shall give
notice not more than thirty (30) days after the filing of the petition or
the adoption of the disapproving resolution.
(i) On the day and time named in the notice, the polls shall be
opened and the votes of the voters shall be taken regarding whether a
metropolitan school district shall be created in the school township.
IC 3 governs the election except as otherwise provided in this chapter.
The county election board shall conduct the election. The public
question shall be placed on the ballot in the form prescribed by
IC 3-10-9-4 and must state, "Shall a metropolitan school district under
IC 20-23-7 be formed in the ____________ School Township of
_____________ County, Indiana?". The name of the school township
shall be inserted in the blanks.
(j) The votes cast in the election shall be canvassed at a place in the school township determined by the county election board. The certificate of the votes cast for and against the creation of a metropolitan school district shall be filed in the records of the township board and recorded with the county recorder. If the special election is not conducted at a primary or general election, the school township shall pay the expense of holding the election out of the school general fund that is appropriated for this purpose.
(k) A metropolitan school district shall, subject to section 7 of this chapter, be created on the thirtieth day after the date of the adoption of the confirming resolution under subsection (f) or an election held under subsection (h). If a public official fails to do the official's duty within the time prescribed in this section, the failure does not invalidate the proceedings taken under this section. An action to contest the validity of the creation of a metropolitan school district under this section or to enjoin the operation of a metropolitan school district may not be instituted later than the thirtieth day following the date of the adoption of the confirming resolution under subsection (f) or of the election held under subsection (h). Except as provided in this section, an election under this subsection may not be held sooner than twelve (12) months after another election held under subsection (h).
(l) A metropolitan school district is known as "The Metropolitan School District of ____________ Township, ____________ County, Indiana". The first metropolitan board of education in a metropolitan school district created under this section consists of five (5) members. The township trustee and the township board members are ex officio members of the first board, subject to the laws concerning length of their respective terms of office, manner of election or appointment, and the filling of vacancies applicable to their respective offices. The ex officio members serve without compensation or reimbursement for expenses, other than that which they may receive from their respective offices. The township board shall, by a resolution recorded in its records, appoint the fifth member of the metropolitan board of education. The fifth member shall meet the qualifications of a member of a metropolitan board of education under this chapter, with the exception of the board member district requirements provided in sections 4, 5, and
(m) A fifth board member shall be appointed not more than fifteen (15) days after the date of the adoption of the confirming resolution under subsection (f)(2) or an election held under subsection (h). The first board shall hold its first meeting not more than fifteen (15) days after the date when the fifth board member is appointed or elected, on
a date established by the township board in the resolution in which it
appoints the fifth board member. The first board shall serve until July
1 January 1 following the election of a metropolitan school board at
the first primary general election held more than sixty (60) days
following the creation of the metropolitan school district.
(n) After the creation of a metropolitan school district under this
section, the president of the metropolitan school board of the district
shall serve as a member of the county board of education and perform
the duties on the county board of education that were previously
performed by the township trustee. The metropolitan school board and
superintendent of the district may call upon the assistance of and use
the services provided by the county superintendent of schools. This
subsection does not limit or take away the powers, rights, privileges, or
duties of the metropolitan school district or the board or superintendent
of the district provided in this chapter.
(1) The number of members of the governing body, which shall be:
(A) three (3);
(B) five (5); or
(C) seven (7);
members.
(2) Whether the governing board shall be elected or appointed.
(3) If appointed, when and by whom, and a general description of the manner of appointment that conforms with the requirements of IC 20-23-4-28.
(4) A provision that the members of an elected governing board shall be elected at the general election at which county officials are elected.
(5) The limitations on:
(A) residence;
(B) term of office; and
(C) other qualifications;
required by members of the governing body.
(6) The time the plan takes effect.
A plan or proposed plan may have additional details to make the provisions of the plan workable. The details may include provisions relating to the commencement or length of terms of office of the members of the governing body taking office under the plan.
(b) Except as provided in subsection (a)(1), in a city having a population of more than fifty-nine thousand seven hundred (59,700) but less than sixty-five thousand (65,000), the governing body described in a plan may have up to nine (9) members.
(b) Until the first election under subsection (a), the board of trustees of the merged school corporation consists of:
(1) the members of the governing body of a school corporation in the county other than a school township; and
(2) the township trustee of a school township in the county.
(c) The first board of trustees shall select the name of the merged school corporation by a majority vote. The name may be changed by unanimous vote of the governing body of the merged school corporation.
(1) On a nonpartisan basis.
(2) In a
(b) Six (6) of the members shall be elected from the school districts drawn under section 4 of this chapter. Each member:
(1) is elected from the school district in which the member resides; and
(2) upon election and in conducting the business of the governing body, represents the interests of the entire school corporation.
(c) One (1) of the members elected:
(1) is the at-large member of the governing body;
(2) may reside in any of the districts drawn under section 4 of this chapter; and
(3) upon election and in conducting the business of the governing body, represents the interests of the entire school corporation.
(1) Three (3) of the members elected under section 3(b) of this chapter are elected at the
(2) Three (3) of the members elected under section 3(b) of this chapter are elected at the
(3) The at-large member elected under section 3(c) of this chapter is elected at the
(1) has a population of more than seventy-five thousand (75,000) but less than ninety thousand (90,000); and
(2) is the successor in interest to a school city having the same population;
the governing body consists of a board of trustees of five (5) members elected in the manner provided in this chapter.
(b) The voters of the school corporation shall elect the members of the governing body at a general election for a term of four (4) years. The members shall be elected from the city at large without reference to district.
(c) Each candidate for election to the governing body must file a petition of nomination with the county election board in each county in which a school corporation subject to this chapter is located. The petition of nomination must comply with IC 3-8-2.5 and the following requirements:
(1) The petition must be signed by at least two hundred (200) legal voters of the school corporation.
(2) Each petition may nominate only one (1) candidate.
(3) The number of petitions signed by a legal voter may not exceed the number of school trustees to be elected.
(d) After all petitions described in subsection (c) are filed with the county election board, the board shall publish the names of those nominated in accordance with IC 5-3-1 and shall certify the nominations in the manner required by law. IC 3 governs the election to the extent that it is not inconsistent with this chapter.
(e) The county election board shall prepare the ballot for the
general election at which members of the governing body are to be
elected so that the names of the candidates nominated appear on
the ballot:
(1) in alphabetical order;
(2) without party designation; and
(3) in the form prescribed by IC 3-11-2.
(f) The county election board shall not publish or place on the
ballot the name of a candidate who is not eligible under this
chapter for membership on the governing body.
(g) Each voter may vote for as many candidates as there are
members of the governing body to be elected.
(1) IC 20-23-4-27;
(2) IC 20-23-4-29.1;
(3) IC 20-23-4-30; and
(4) IC 20-23-4-31;
but this chapter prevails over any conflicting provisions of IC 20-23-4 relating to any school corporation.
(1) Each prospective candidate must file a petition of nomination
(A) The name of the prospective candidate.
(B) Whether the prospective candidate is a district candidate or an at-large candidate.
(C) A certification that the prospective candidate meets the qualifications for candidacy imposed under this chapter.
(D) The signatures of at least one hundred (100) registered voters residing in the school corporation.
(2) Each prospective candidate for a district position must:
(A) reside in the district; and
(B) have resided in the district for at least the three (3) years
immediately preceding the election.
(3) Each prospective candidate for an at-large position must:
(A) reside in the school corporation; and
(B) have resided in the school corporation for at least the three
(3) years immediately preceding the election.
(4) Each prospective candidate (regardless of whether the
candidate is a district candidate or an at-large candidate) must:
(A) be a registered voter;
(B) have been a registered voter for at least the three (3) years
immediately preceding the election; and
(C) be a high school graduate or have received a:
(i) high school equivalency certificate; or
(ii) state general educational development (GED) diploma
under IC 20-20-6.
(5) A prospective candidate may not:
(A) hold any other elective or appointive office; or
(B) have a pecuniary interest in any contract with the school
corporation or its governing body;
as prohibited by law.
(b) The term of each person elected to serve on the governing body begins on the
(1) Three (3) of the members are elected at the
(2) Two (2) of the members are elected at the
(1) must be elected on a nonpartisan basis in
elections held in the county as specified in this section; and
(2) serves a four (4) year term.
(b) Five (5) members shall be elected from the school board districts
in which the members reside, and two (2) members must be elected at
large. Not more than two (2) of the members who serve on the board
may reside in the same school board district.
(c) If a candidate runs for one (1) of the district positions on the
board, only eligible voters residing in the candidate's district may vote
for that candidate. If a person is a candidate for one (1) of the at-large
positions, eligible voters from all the districts may vote for that
candidate.
(d) If a candidate files to run for a position on the board, the
candidate must specify whether the candidate is running for a district
or an at-large position.
(e) A candidate who runs for a district or an at-large position wins
if the candidate receives the greatest number of votes of all the
candidates for the position.
(f) Districts shall be established within the school city by the state
board. The districts must be drawn on the basis of precinct lines, and
as nearly as practicable, of equal population with the population of the
largest district not to exceed the population of the smallest district by
more than five percent (5%). District lines must not cross precinct
lines. The state board shall establish:
(1) balloting procedures for the election under IC 3; and
(2) other procedures required to implement this section.
(g) A member of the board serves under section 3 of this chapter.
(h) In accordance with subsection (k), a vacancy in the board shall
be filled temporarily by the board as soon as practicable after the
vacancy occurs. The member chosen by the board to fill a vacancy
holds office until the member's successor is elected and qualified. The
successor shall be elected at the next regular school board election
occurring after the date on which the vacancy occurs. The successor
fills the vacancy for the remainder of the term.
(i) An individual elected to serve on the board begins the
individual's term on July 1 of the year of January 1 immediately
following the individual's election.
(j) Notwithstanding any law to the contrary, each voter must cast a
vote for a school board candidate or school board candidates by voting
system or paper ballot. However, the same method used to cast votes
for all other offices for which candidates have qualified to be on the
election ballot must be used for the board offices.
(k) If a vacancy in the board exists because of the death of a
member, the remaining members of the board shall meet and select an
individual to fill the vacancy in accordance with subsection (h) after
the secretary of the board receives notice of the death under IC 5-8-6.
(1) An individual granted the authority to serve in a funeral planning declaration executed by the decedent under IC 29-2-19, or the person named in a United States Department of Defense form "Record of Emergency Data" (DD Form 93) or a successor form adopted by the United States Department of Defense, if the decedent died while serving in any branch of the United States Armed Forces (as defined in 10 U.S.C. 1481) and completed the form.
(2) An individual granted the authority to serve in a health care power of attorney executed by the decedent under IC 30-5-5-16.
(3) The individual who was the spouse of the decedent at the time of the decedent's death.
(4) The decedent's surviving adult children. If more than one (1) adult child is surviving, any adult child who confirms in writing that the other adult children have been notified, unless the crematory authority receives a written objection to the cremation from another adult child.
(5) The decedent's surviving parent. If the decedent is survived by both parents, either parent may serve as the authorizing agent unless the crematory authority receives a written objection to the cremation from the other parent.
(6) The individual in the next degree of kinship under IC 29-1-2-1 to inherit the estate of the decedent. If more than one (1) individual of the same degree is surviving, any person of that degree may serve as the authorizing agent unless the crematory authority receives a written objection to the cremation from one (1) or more persons of the same degree.
(7) In the case of an indigent or other individual whose final disposition is the responsibility of the state,
(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, 2013) a county trustee in the case of a county that approves a local public question under IC 36-6-1.1; or
(ii) the coroner.
(B) A state appointed guardian.
However, an indigent decedent may not be cremated if a surviving family member objects to the cremation or if cremation would be contrary to the religious practices of the deceased individual as expressed by the individual or the individual's family.
(8) In the absence of any person under subdivisions (1) through (7), any person willing to assume the responsibility as the authorizing agent, as specified in this article.
(b) When a body part of a nondeceased individual is to be cremated, a representative of the institution that has arranged with the crematory authority to cremate the body part may serve as the authorizing agent.
(c) If:
(1) the death of the decedent appears to have been the result of:
(A) murder (IC 35-42-1-1);
(B) voluntary manslaughter (IC 35-42-1-3); or
(C) another criminal act, if the death does not result from the operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement agency investigating the death of the decedent, determines that there is a reasonable suspicion that a person described in subsection (a) committed the offense;
the person referred to in subdivision (2) may not serve as the authorizing agent.
(d) The coroner, in consultation with the law enforcement agency investigating the death of the decedent, shall inform the crematory authority of the determination referred to in subsection (c)(2).
(b) After December 31, 2012, any reference in this chapter through IC 23-14-76 to "township board" is considered a reference
to the county fiscal body.
(c) After December 31, 2013, any reference in this chapter
through IC 23-14-76 to:
(1) "township" in the case of a township in a county that
approves a local public question under IC 36-6-1.1 is
considered a reference to the geographic area of a dissolved
township in a county; and
(2) "township trustee" or "trustee" in the case of a township
in a county that approves a local public question under
IC 36-6-1.1, is considered a reference to the county executive
or the county executive's designee to administer 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.
(b) After December 31, 2012, any reference in this chapter to "township board" is considered a reference to the county fiscal body.
(c) After December 31, 2013, any reference in this chapter to:
(1) "township" in the case of a township in a county that approves a local public question under IC 36-6-1.1 is considered a reference to the geographic area of a dissolved township in a county; and
(2) "township trustee" or "trustee" in the case of a township in a county that approves a local public question under IC 36-6-1.1, is considered a reference to the county executive or the county executive's designee to administer this chapter.
judge shall do the following:
(1) Ensure that the court operates efficiently and judicially under
rules adopted by the court.
(2) Annually submit to the fiscal body of Monroe County a budget
for the court, including amounts necessary for:
(A) the operation of the circuit's probation department;
(B) the defense of indigents; and
(C) maintaining an adequate law library.
(3) Make the appointments or selections required of a circuit or
superior court judge under the following statutes:
IC 8-4-21-2
IC 11-12-2-2
IC 16-22-2-4
IC 16-22-2-11
IC 16-22-7
IC 20-23-4
IC 20-23-7-6
IC 20-23-7-8 IC 20-23-7-8.1
IC 20-26-7-8
IC 20-26-7-14
IC 20-47-2-15
IC 20-47-3-13
IC 36-9
IC 36-10
IC 36-12-10-10.
(4) Make appointments or selections required of a circuit or
superior court judge by any other statute, if the appointment or
selection is not required of the court because of an action before
the court.
presented at the hearing, enter an order concerning:
(1) whether a small claims court shall be established or abolished
in the township if the township has a population of less than
fifteen thousand (15,000) persons;
(2) whether the small claims court if any, shall function full time
or part time;
(3) the location of the small claims court courtroom and offices
under IC 33-34-6-1; and
(4) other relevant matters.
(b) The salary of each judge who serves part time must be in an amount:
(1) determined by the township board and approved by the city-county council ; or
(2) after December 31, 2013, determined by the city-county council, if the county approves a public question under IC 36-6-1.1.
(c) The salary of a judge may not be reduced during the judge's term of office.
(d) At any other time, salaries of any full-time or part-time judge may be increased or decreased by the:
(1) township board of the township in which the small claims court is located; or
(2) after December 31, 2013, the city-county council, if the county approves a public question under IC 36-6-1.1.
(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.
judge's small claims court during any number of days, the judge may
appoint in writing a person qualified to be a small claims judge under
IC 33-34-2-2 to preside in place of the judge.
(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
township trustee as accruable to the small claims judge in whose place
the appointee is serving.
(1) adequate access;
(2) sufficient parking facilities;
(3) a separate and appropriate courtroom;
(4) proper space and facilities for the bailiff, clerks, and other employees; and
(5) enough room for files and supplies.
(1) furnish all:
(A) supplies, including all blanks, forms, stationery, and papers of every kind, required for use in all cases in the township small claims court; and
(B) furniture, books, and other necessary equipment and supplies; and
(2) provide for all necessary maintenance and upkeep of the facilities where court is held.
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.
(b) This section applies after December 31, 2013. This section
applies only to a county that approves a public question under
IC 36-6-1.1. The judges shall establish with the approval of the
city-county council an appropriate and competitive salary of at
least five thousand six hundred dollars ($5,600) for the number of
clerks for the small claims court sufficient to:
(1) operate efficiently; and
(2) adequately serve the citizens doing business with the court.
(1) name of the candidate; and
(2) court for which the candidate is to serve.
(b) Each small claims court shall have a constable who:
(1) acts as the bailiff of the court;
(2) serves the court's personal service of process;
(3) has police powers to:
(A) make arrests;
(B) keep the peace; and
(C) carry out the orders of the court;
(4) must meet the qualifications prescribed by IC 3-8-1-31;
(5) is compensated for each process that is delivered to effect personal service when serving as the bailiff for the court;
(6) is responsible for:
(A) the preparation and mailing of all registered or certified service and is compensated for each process served by mail; and
(B) all the official acts of the deputies;
(7) is compensated solely from the service of process fees collected under IC 33-34-8-1; and
(8) may require a deputy to give a bond for the proper discharge of the deputy's duties for an amount fixed by the constable.
(c) The elected constable may appoint full-time and part-time
deputies for assistance in the performance of official duties who:
(1) perform all the official duties required to be performed by the
constable;
(2) possess the same statutory and common law powers and
authority as the constable;
(3) must take the same oath required of the constable;
(4) are compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(5) serve at the pleasure of the constable and may be dismissed at
any time with or without cause.
(d) If there is an:
(1) emergency; or
(2) inability of a constable to carry out the constable's duties;
the judge may appoint a special constable to carry out the duties of the
constable during the emergency or inability.
(b) Not later than June 30, 2013, a designee of the executive of a county having a consolidated city shall begin a transition process with the constables of the small claims courts in the county to properly transfer the functions, duties, and responsibilities of the constables to the executive. The designee of the executive shall present to the executive a report on the status of the transition. The report is a public record for purposes of IC 5-14-3 and shall be made available to the public upon request. The transfer of the functions, duties, and responsibilities of each constable to the executive is effective January 1, 2014. On January 1, 2014, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records; and
(6) contracts;
connected with the operations of each constable are transferred to the executive.
(c) On January 1, 2014, the department of public safety of the consolidated city established in IC 36-3-5-4(a)(3) shall provide to each small claims court adequate personnel to:
(1) act as bailiffs of the court;
(2) serve the court's personal service of process;
(3) carry out the orders of the court; and
(4) prepare and mail all registered or certified service.
(d) As part of the annual budget process of the county having a consolidated city, the legislative body of the county shall establish an appropriate salary for each county employee responsible for constable duties, including the constable, for 2014 and thereafter.
(1) provide the forms, blanks, court calendar books, judgment dockets, and fee books; and
(2) make rules and instructions to direct the judges in keeping records and making reports.
The clerk of the circuit court shall keep full and permanent records and reports of each judge's past and current proceedings, indexed and available for reference as a public record.
(1) A township docket fee of five dollars ($5) plus forty-five percent (45%) of the infraction or ordinance violation costs fee under IC 33-37-4-2.
(2) The bailiff's service of process by registered or certified mail fee of thirteen dollars ($13) for each service. This subdivision does not apply after December 31, 2013, if the county approves a local public question under IC 36-6-1.1.
(3) After December 31, 2013, if the county approves a local public question under IC 36-6-1.1, a fee for service of process by registered or certified mail of thirteen dollars ($13) for each service.
(5) After December 31, 2013, if the county approves a local public question under IC 36-6-1.1, the cost for the personal
service of process by the process server of thirteen dollars
($13) for each service.
(4) (6) Witness fees, if any, in the amount provided by
IC 33-37-10-3 to be taxed and charged in the circuit court.
(5) (7) A redocketing fee, if any, of five dollars ($5).
(6) (8) A document storage fee under IC 33-37-5-20.
(7) (9) An automated record keeping fee under IC 33-37-5-21.
(8) (10) A late fee, if any, under IC 33-37-5-22.
(9) (11) A public defense administration fee under
IC 33-37-5-21.2.
(10) (12) A judicial insurance adjustment fee under
IC 33-37-5-25.
(11) (13) A judicial salaries fee under IC 33-37-5-26.
(12) (14) A court administration fee under IC 33-37-5-27.
The docket fee and the cost for the initial service of process shall be
paid at the institution of a case. The cost of service after the initial
service shall be assessed and paid after service has been made. The
cost of witness fees shall be paid before the witnesses are called.
(b) If the amount of the township docket fee computed under
subsection (a)(1) is not equal to a whole number, the amount shall be
rounded to the next highest whole number.
(b) The court shall:
(1) semiannually distribute to the auditor of state:
(A) all automated record keeping fees (IC 33-37-5-21) received by the court for deposit in the homeowner protection unit account established by IC 4-6-12-9 and the state user fee fund established under IC 33-37-9;
(B) all public defense administration fees collected by the court under IC 33-37-5-21.2 for deposit in the state general fund;
(C) sixty percent (60%) of all court administration fees
collected by the court under IC 33-37-5-27 for deposit in the
state general fund;
(D) all judicial insurance adjustment fees collected by the
court under IC 33-37-5-25 for deposit in the judicial branch
insurance adjustment account established by IC 33-38-5-8.2;
and
(E) seventy-five percent (75%) of all judicial salaries fees
collected by the court under IC 33-37-5-26 for deposit in the
state general fund; and
(2) distribute monthly to the county auditor all document storage
fees received by the court.
(c) The remaining twenty-five percent (25%) of the judicial salaries
fees described in subdivision (1)(E) subsection (b)(1)(E) shall be
deposited monthly in the following:
(1) The township general fund of the township in which the court
is located. The county auditor shall deposit fees distributed under
subdivision (2) subsection (b)(2) into the clerk's record
perpetuation fund under IC 33-37-5-2. This subdivision does not
apply after December 31, 2013, if the county approves a local
public question under IC 36-6-1.1.
(2) After December 31, 2013, if the county approves a local
public question under IC 36-6-1.1, the county general fund.
Deposits made under this subdivision shall be credited to the
township small claims courts account described in section 5 of
this chapter.
(c) (d) The court semiannually shall do the following:
(1) pay to the township trustee of the township in which the court
is located the remaining forty percent (40%) of the court
administration fees described under subsection (b)(1)(C) to fund
the operations of the small claims court in the trustee's township.
This subdivision does not apply after December 31, 2013, if
the county approves a local public question under IC 36-6-1.1.
(2) After December 31, 2013, if the county approves a local
public question under IC 36-6-1.1, pay to the clerk of the
circuit court the remaining forty percent (40%) of the court
administration fees described under subsection (b)(1)(C) to
fund the operations of the small claims court. The court
administration fees shall be deposited in the county general
fund and credited to the township small claims courts account
described in section 5 of this chapter.
[EFFECTIVE JULY 1, 2011]: Sec. 5. (a) This section applies after
December 31, 2013, if the county approves a local public question
under IC 36-6-1.1.
(b) Fees and costs paid and collected under sections 1 and 3 of
this chapter shall be deposited in the county general fund and
credited to a separate account identified as the township small
claims courts account.
(c) The executive of the consolidated city may expend funds
credited to the township small claims courts account, without
appropriation, only for the purpose of administering this article.
(1) board of commissioners, for a county
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
(1) county council, for a county not having a consolidated city;
(2) city-county council, for a consolidated city or county having a consolidated city;
(3) common council, for a city other than a consolidated city;
(4) town council, for a town;
(5)
(A) the township board, before January 1, 2013; and
(B) the county fiscal body, after December 31, 2012;
(6) governing body or budget approval body, for any other political subdivision that has a governing body or budget approval body; or
(7) chief executive officer of any other political subdivision that does not have a governing body or budget approval body.
(1) the board of county commissioners, for a county not subject to IC 36-2-2.5, IC 36-2-3.5, or IC 36-3-1;
(2) the county council, for a county subject to IC 36-2-2.5 or IC 36-2-3.5;
(3) the city-county council, for a consolidated city or county having a consolidated city;
(4) the common council, for a city other than a consolidated city;
(5) the town council, for a town;
(6)
(A) the township board, before January 1, 2013; and
(B) the county fiscal body, after December 31, 2012;
(7) the governing body of any other political subdivision that has a governing body; or
(8) the chief executive officer of any other political subdivision that does not have a governing body.
(b) If there is no constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must either:
(1) if the unit is a county or municipality, adopt an ordinance prescribing a specific manner for exercising the power;
(2) if the unit is a township, adopt a resolution prescribing a specific manner for exercising the power; or
(3) comply with a statutory provision permitting a specific manner for exercising the power.
(c) An ordinance under subsection (b)(1) must be adopted as follows:
(1) In a municipality, by the legislative body of the municipality.
(2) In a county subject to IC 36-2-2.5, IC 36-2-3.5, or IC 36-3-1,
by the legislative body of the county.
(3) In any other county, by the executive of the county.
(d) A resolution under subsection (b)(2) must be adopted by the
legislative body of the township.
Chapter 6.5. Employment of Relatives; Contracting With Relatives
Sec. 1. This chapter applies to all political subdivisions.
Sec. 2. As used in this chapter, "employee" means an individual who is employed by a political subdivision on a full-time, a part-time, a temporary, an intermittent, or an hourly basis.
Sec. 3. (a) As used in this chapter, "relative" means any of the following:
(1) A husband.
(2) A wife.
(3) A father, grandfather, or stepfather.
(4) A mother, grandmother, or stepmother.
(5) A son, grandson, stepson, or son-in-law.
(6) A daughter, granddaughter, stepdaughter, or daughter-in-law.
(7) A brother or stepbrother.
(8) A sister or stepsister.
(9) An aunt.
(10) An uncle.
(11) A niece.
(12) A nephew.
(13) A first cousin.
(b) A relative by adoption, half-blood, marriage, or remarriage is considered a relative of whole kinship for purposes of this chapter.
Sec. 4. (a) An individual who is a relative of an officer of a political subdivision may not be an employee of the political subdivision.
(b) An individual who is a relative of an employee of a political subdivision may not be employed by the political subdivision in a position in which the individual would have a direct supervisory or subordinate relationship with the employee who is the individual's relative.
Sec. 5. (a) A political subdivision may not enter into a contract or renew a contract with:
(1) an individual to provide goods or services to the political subdivision, if the individual is a relative of an officer of member of the fiscal or legislative body of the political subdivision; or
(2) a business entity to provide goods or services, if a relative of an officer or member of the fiscal or legislative body of the political subdivision has an ownership interest in the business entity.
(b) This section does not prohibit a political subdivision from entering into a contract or renewing a contract if an employee of:
(1) an individual contractor under subsection (a)(1); or
(2) a business entity under subsection (a)(2);
is a relative of an officer of the political subdivision.
(c) This section does not affect the initial term of a contract in existence at the time an officer of the political subdivision's term of office begins.
Sec. 6. This chapter does not require the termination or reassignment of any employee of a political subdivision from any position held by that individual before July 1, 2011. This section expires January 1, 2012.
Sec. 7. The annual report filed by a political subdivision with the state board of accounts under IC 5-11-13-1 must include a statement by the executive officer of the political subdivision that the political subdivision is in compliance with this chapter. The executive officer's statement must be certified under penalties for perjury.
Sec. 8. If the state board of accounts finds that a political subdivision is not in compliance with this chapter, the state board of accounts shall forward the information to:
(1) the prosecuting attorney of each county where the political subdivision is located; and
(2) the department of local government finance.
Sec. 9. If a political subdivision fails to comply with this chapter:
(1) the executive officer of the political subdivision may be subject to prosecution for perjury under IC 35-44-2-1; and
(2) the department of local government finance may not approve:
(A) the political subdivision's budget; or
(B) any additional appropriations for the political subdivision;
for the ensuing calendar year until the state board of accounts certifies to the department of local government finance that
the political subdivision is in compliance with this chapter.
Chapter 6.6. Conflict of Interest
Sec. 1. This chapter applies to all units.
Sec. 2. As used in this chapter, "member" means an appointed or elected member of a body of a unit.
Sec. 3. As used in this chapter, "governmental body" means a board, commission, committee, council, or any other body with the responsibility of administering the affairs of a unit.
Sec. 4. A member may not participate in any decision or vote of the governmental body if the member:
(1) has a pecuniary interest in; or
(2) derives a profit from;
a contract, purchase, sale, employment, or other matter connected with the unit.
Sec. 5. A member is prohibited under this chapter from participating in any decision involving the merger, consolidation, or reorganization of the unit's functions or services, if the member is also an employee of a unit involved in the merger.
Sec. 6. A member shall:
(1) disclose any pecuniary interest or profit in writing to the governmental body that the member serves on; and
(2) provide a copy of the disclosure to the state board of accounts.
The member shall abstain from participating in any decision or voting on any matter that affects the interest or profit.
Sec. 7. (a) This section applies if a governmental body has the responsibility to fix the salaries, wages, or remuneration of the members for serving on the governmental body.
(b) This chapter does not prohibit a member from participating in a decision or vote of the governmental body regarding a matter in subsection (a).
(b) A public meeting or a public hearing of an official or governing body of a political subdivision must be held in a public
place and not in a private residence.
(1) A volunteer fire department (as defined in IC 36-8-12-2).
(2) The board of fire trustees of a fire protection district established under IC 36-8-11.
(3) After December 31, 2013, a fire trustee of a fire protection district established under IC 36-8-11.
(b) Notwithstanding IC 5-22-22 and sections 4, 4.1, 4.2, and 5 of this chapter, a disposing agent of a political subdivision may sell or transfer:
(1) real property; or
(2) tangible or intangible personal property, licenses, or any interest in the tangible or intangible personal property or licenses;
without consideration or for a nominal consideration to a fire department for construction of a fire station or other purposes related to firefighting.
(1) a township reorganizes under this article with one (1) or more townships; and
(2) the new political subdivision that results from the reorganization is not a city or town.
(b) After December 31, 2012, the fiscal body of the resulting new political subdivision is the county fiscal body, which shall fix the budget, tax rate, and tax levy of the new political subdivision under IC 6-1.1-17-5.
(1) A county having a consolidated city.
(2) A county in which a county chief executive officer has been elected and is serving under IC 36-2-2.5.
having a population of:
(1) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less than three
hundred thousand (300,000).
The executive shall divide the county into three (3) districts that are
composed of contiguous territory and are reasonably compact. The
district boundaries drawn by the executive must not cross precinct
boundary lines and must divide townships only when a division is
clearly necessary to accomplish redistricting under this section. If
necessary, the county auditor shall call a special meeting of the
executive to establish or revise districts.
(b) This subsection applies to a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000). A county redistricting commission shall divide the
county into three (3) single-member districts that comply with
subsection (d). The commission is composed of:
(1) the members of the Indiana election commission;
(2) two (2) members of the senate selected by the president pro
tempore, one (1) from each political party; and
(3) two (2) members of the house of representatives selected by
the speaker, one (1) from each political party.
The legislative members of the commission have no vote and may act
only in an advisory capacity. A majority vote of the voting members is
required for the commission to take action. The commission may meet
as frequently as necessary to perform its duty under this subsection.
The commission's members serve without additional compensation
above that provided for them as members of the Indiana election
commission, the senate, or the house of representatives. If a county to
which this subsection applies adopts a county government
structure in which a chief executive officer is elected under
IC 36-2-2.5, the county redistricting commission under this
subsection is not abolished and continues in existence for purposes
of dividing, as necessary, the county into county council districts.
(c) This subsection applies to a county having a population of more
than two hundred thousand (200,000) but less than three hundred
thousand (300,000). The executive shall divide the county into three
(3) single-member districts that comply with subsection (d).
(d) Single-member districts established under subsection (b) or (c)
must:
(1) be compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) contain, as nearly as is possible, equal population; and
(3) not cross precinct lines.
(e) A division under subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county adopts an order declaring a county boundary
to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e).
(b) The executive shall post this statement at the courthouse door and two (2) other places in the county and shall publish it in the manner prescribed by IC 5-3-1.
Chapter 2.4. Determination of County Government Structure
Sec. 1. This chapter does not apply to a county having a consolidated city.
Sec. 2. (a) Subject to subsection (b), the county executive may adopt an ordinance providing that the voters of the county shall elect:
(1) a single county commissioner under IC 36-2-2.5 who has the executive powers and duties of the county; and
(2) a county council that has the legislative and fiscal powers and duties of the county.
(b) An ordinance may be adopted under this chapter only:
(1) during an odd-numbered year; or
(2) before July 1 of an even-numbered year.
(c) If the vote on the adoption of the ordinance is unanimous, the executive and legislative structure and functions of the county are reorganized under IC 36-2-2.5.
(d) If the ordinance is adopted, but the vote on the ordinance is not unanimous, a public question shall be held in the county on whether or not the executive and legislative structure and functions of the county should be reorganized under IC 36-2-2.5.
(e) If an ordinance described in subsection (d) is adopted, the county auditor shall certify the adoption of the ordinance to the county election board as provided in IC 3-10-9.
Sec. 3. If an ordinance is certified under section 2(e) of this chapter, the county election board shall place the following public question on the ballot at the next general election held in the county:
"Shall the county government of _______________(insert the name of the county) County be reorganized to place all executive powers in a single elected county commissioner and to place all legislative and fiscal powers in the county council?".
Sec. 4. IC 3, except where inconsistent with this chapter, applies to a public question placed on the ballot under this chapter.
Sec. 5. If a majority of the voters of a county who vote on a public question vote in favor of the public question, the following apply:
(1) IC 36-2-2.5 applies to the county instead of IC 36-2-2.
(2) The county executive consists of one (1) commissioner.
(3) The county may not subsequently be governed under IC 36-2-2.
(4) The county commissioner described in subdivision (2) shall:
(A) be elected at the second general election held after the year the public question is approved; and
(B) take office January 1 after the individual's election.
(5) The term of office of each member of the county executive elected under IC 36-2-2 is as follows:
(A) The term of a member elected at the general election held in the year the public question is approved:
(i) is four (4) years; and
(ii) expires at the end of the day on December 31 after the election described in subdivision (4).
(B) The term of a member elected at the first general election held after the year the public question is
approved:
(i) is two (2) years; and
(ii) expires at the end of the day on December 31 after
the election described in subdivision (4).
(6) IC 36-2-3.7 applies to the county.
Chapter 2.5. County Commissioner as the Chief Executive Officer
Sec. 1. Except as specifically provided by law, this chapter applies to each county:
(1) that does not have a consolidated city; and
(2) in which:
(A) an ordinance has been adopted unanimously by the county executive as described in IC 36-2-2.4-2(c) to reorganize all executive powers in a single elected county commissioner and to place all legislative and fiscal powers in the county council; or
(B) an ordinance has been adopted by the county executive as described in IC 36-2-2.4-2(d) to reorganize all executive powers in a single elected county commissioner and to place all legislative and fiscal powers in the county council, and a public question to reorganize all executive powers in a single elected county commissioner and to place all legislative and fiscal powers in the county council has been approved by the voters of the county under IC 36-2-2.4.
Sec. 2. As used in this chapter, "chief executive officer" means the single county commissioner who is elected as the county chief executive officer under IC 3-10-2-13.
Sec. 3. In a county to which this chapter applies:
(1) the voters of the county:
(A) shall elect one (1) chief executive officer in the second general election after:
(i) the ordinance described in IC 36-2-2.4-2(c) is adopted; or
(ii) the public question has been approved by the voters of the county under IC 36-2-2.4;
and every four (4) years thereafter; and
(B) beginning with the second general election after:
(i) the ordinance described in IC 36-2-2.4-2(c) is adopted; or
(ii) the public question has been approved by the voters of the county under IC 36-2-2.4;
shall not elect a board of county commissioners;
(2) the board of county commissioners for the county is abolished January 1 of the year following the year in which the first county chief executive officer is elected; and
(3) notwithstanding IC 36-2-2-3, the term of each county commissioner serving on December 31 of the year in which the first county chief executive officer is elected expires January 1 of the year following the year in which the first county chief executive officer is elected.
Sec. 4. (a) The term of office of a chief executive officer is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.
(b) To be eligible for election as the chief executive officer, an individual must meet the qualifications prescribed by IC 3-8-1-21. If an individual does not remain a resident of the county after taking office as the chief executive officer, the individual forfeits the office. The county legislative body shall declare the office vacant whenever the chief executive officer forfeits office under this subsection.
Sec. 5. (a) On January 1 following the year in which the first county chief executive officer is elected, all of the property, assets, funds, equipment, records, rights, contracts, obligations, and liabilities of the board of county commissioners of a county are transferred to or assumed by the chief executive officer.
(b) The abolishment of the board of county commissioners of a county on January 1 following the year in which the first county chief executive officer is elected does not invalidate:
(1) any ordinances, resolutions, fees, schedules, or other actions adopted or taken by the board of county commissioners before the board is abolished; or
(2) any appointments made by the board of county commissioners before the board is abolished.
Sec. 6. (a) All powers and duties of the county that are executive or administrative in nature (including any power of appointment related to executive or administrative functions) shall be exercised or performed by the chief executive officer, except to the extent that these powers and duties are expressly assigned by law to another elected or appointed officer. The chief executive officer shall transact the business of the county in the name of "The Chief Executive Officer of the County of ________".
(b) For purposes of a county subject to this chapter, after December 31 of the year in which the first county chief executive officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or instrument;
to the board of commissioners pertaining to the executive powers of a county is considered a reference to the chief executive officer of the county.
(c) For purposes of a county subject to this chapter, after December 31 of the year in which the first county chief executive officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or instrument;
related to the executive powers and duties of the board of county commissioners is considered a reference to the powers and duties of the chief executive officer of the county.
(d) For purposes of a county subject to this chapter, after December 31 of the year in which the first county chief executive officer is elected, the county council has the legislative and fiscal powers and duties of the county as provided in IC 36-2-3.7.
Sec. 7. The chief executive officer shall do the following:
(1) Report on the condition of the county before March 1 of each year to the county legislative body and to the residents of the county.
(2) Recommend before March 1 of each year to the county legislative body any action or program the chief executive officer considers necessary for the improvement of the county and the welfare of county residents.
(3) Submit to the county legislative body an annual budget in accordance with IC 36-2-5.
(4) Establish the procedures to be followed by all county departments, offices, and agencies under the chief executive officer's jurisdiction to the extent these procedures are not expressly assigned by law to another elected or appointed officer.
(5) Administer all statutes, ordinances, and regulations
applicable to the county, to the extent the administration of
these matters is not expressly assigned by law to another
elected or appointed officer.
(6) Supervise the care and custody of all county property.
(7) Supervise the collection of revenues and control all
disbursements and expenditures, and prepare a complete
account of all expenditures, to the extent these matters are not
expressly assigned by law to another elected or appointed
officer.
(8) Review, analyze, and forecast trends for county services
and finances and programs of all county governmental
entities, and report and recommend on these to the county
legislative body by March 15 of each year.
(9) Negotiate contracts for the county.
(10) Make recommendations concerning the nature and
location of county improvements, and provide for the
execution of those improvements.
(11) Supervise county administrative offices, except for the
offices of elected officers.
(12) Do the following in January of each year:
(A) Make a settlement with the county treasurer for the
preceding calendar year and include a copy of the
settlement sheet in the order book of the chief executive
officer.
(B) Make an accurate statement of the county's receipts
and expenditures during the preceding calendar year. The
statement must include the name of and total
compensation paid to each county officer, deputy, and
employee. The statement must separately list each
expenditure that is made to reimburse the chief executive
officer for the chief executive officer's use of tangible
property (as defined in IC 6-1.1-1-19) for public business,
including any reimbursements made for the chief executive
officer's use of a private residence, a personal telephone, or
a personal vehicle for public business. As used in this
section, "private residence" means a place that is not a
public place. The chief executive officer shall post this
statement at the courthouse door and two (2) other places
in the county and shall publish it in the manner prescribed
by IC 5-3-1.
(13) Perform other duties and functions that are assigned to
the chief executive officer by statute or ordinance.
Sec. 8. The chief executive officer may do any of the following:
(1) Order any department, office, or agency under the chief executive officer's jurisdiction to undertake any task for another department, office, or agency under the chief executive officer's jurisdiction on a temporary basis, if necessary for the proper and efficient administration of county government.
(2) Establish and administer centralized budgeting, centralized personnel selection, and centralized purchasing.
(3) Audit the accounts of officers who deal with money belonging to or appropriated for the benefit of the county.
(4) Approve accounts chargeable against the county and direct the raising of money necessary for county expenses.
(5) Make orders concerning county property, including orders for:
(A) the sale of the county's public buildings and the acquisition of land in the county seat on which to build new public buildings; and
(B) the acquisition of land for a public square and the maintenance of that square.
However, a conveyance or purchase by a county of land having a value of one thousand dollars ($1,000) or more must be authorized by an ordinance of the county legislative body fixing the terms and conditions of the transaction.
Sec. 9. (a) The chief executive officer shall establish and maintain a county courthouse, county jail, and public offices for the county clerk, the county auditor, the county recorder, the county treasurer, the county sheriff, and the county surveyor.
(b) Offices for the surveyor must be in the courthouse or at the county seat.
(c) Offices for the sheriff may be located:
(1) in the courthouse;
(2) inside the corporate limits of the county seat; or
(3) outside the corporate limits of the county seat but within the limits of the county.
Sec. 10. (a) The chief executive officer may grant licenses, permits, or franchises for the use of county property if the licenses, permits, or franchises:
(1) are not exclusive;
(2) are of a definite duration; and
(3) are assignable only with the consent of the chief executive officer.
(b) If a public utility or municipally owned or operated utility that carries on business outside the corporate boundaries of municipalities in the county is engaged in an activity substantially similar to that for which a license, permit, or franchise for the use of county property is sought, the chief executive officer may grant the license, permit, or franchise only with the consent of the utility regulatory commission. The commission may give its consent only if it determines, after a public hearing of all interested parties, that public necessity and convenience require the substantially similar activity.
(c) The provisions of this section that concern securing the consent of the utility regulatory commission do not apply to municipally owned or operated utilities.
Sec. 11. Notwithstanding any other law, if a statute requires a county executive to take an executive action by ordinance or resolution, a chief executive officer shall instead take the action by issuing an executive order.
Sec. 12. (a) If the chief executive officer is disqualified from acting in a quasi-judicial proceeding, the chief executive officer shall cease to act in that proceeding. Not later than ten (10) days after the finding that the chief executive officer is disqualified to act in a proceeding, the county auditor shall send a certified copy of the record of the proceeding to the judge of the circuit court for the county. If the judge affirms the disqualification of the chief executive officer, the judge shall appoint a disinterested and competent person to serve as a special executive in the proceeding.
(b) A person who consents to serve as a special executive must have the same qualifications as an elected chief executive officer. The person's appointment and oath shall be filed with the county auditor and entered on the records of the chief executive officer. A person appointed as a special executive may conduct the proceeding until a final determination is reached.
Sec. 13. The chief executive officer shall keep the chief executive officer's office open on each business day.
Sec. 14. Appointments made by the chief executive officer shall be certified by the county auditor, under the seal of the chief executive officer.
Sec. 15. (a) The chief executive officer may employ a person:
(1) to perform a duty required of a county officer by statute; or
(2) on a commission or percentage basis;
only if the employment is expressly authorized by statute or is
found by the chief executive officer to be necessary to the public
interest.
(b) If a person's employment under subsection (a) is not
expressly authorized by statute, the contract for the person's
employment must be filed with the circuit court for the county, and
the person must file the person's claims for compensation with that
court. Any taxpayer may contest a claim under this section.
(c) A chief executive officer who recklessly violates this section
commits a Class C misdemeanor and forfeits the person's office.
Sec. 16. The chief executive officer shall appear before the
legislative body of the county at least once each month and at other
times as needed to conduct all necessary county business.
Sec. 17. (a) A party to a proceeding before the chief executive
officer who is aggrieved by a decision of the chief executive officer
may appeal that decision to the circuit court for the county.
(b) A person who is not a party to a proceeding before the chief
executive officer may appeal a decision of the chief executive
officer only if the person files with the county auditor an affidavit:
(1) specifically setting forth the person's interest in the matter
decided; and
(2) alleging that the person is aggrieved by the decision of the
chief executive officer.
(c) An appeal under this section must be taken not later than
thirty (30) days after the chief executive officer makes the decision
by which the appellant is aggrieved.
(d) An appellant under this section must file with the county
auditor a bond conditioned on due prosecution of the appeal. The
bond is subject to approval by the county auditor and must be in
an amount sufficient to provide security for court costs.
(e) Not later than twenty (20) days after the county auditor
receives the appeal bond, the county auditor shall prepare a
complete transcript of the proceedings of the chief executive officer
related to the decision appealed from and shall deliver the
transcript, all documents filed during the proceedings, and the
appeal bond to the clerk of the circuit court.
Sec. 18. (a) An appeal under section 17 of this chapter shall be
docketed among the other causes pending in the circuit court and
shall be tried as an original cause.
(b) A court may decide an appeal under section 17 of this
chapter by:
(1) affirming the decision of the chief executive officer; or
(2) remanding the cause to the chief executive officer with
directions as to how to proceed;
and may require the chief executive officer to comply with this
decision.
Sec. 19. (a) The county auditor or the chief executive officer may
administer any oaths required by this chapter.
(b) The county sheriff or a county police officer shall attend the
meetings of the chief executive officer, if requested by the chief
executive officer, and shall execute the chief executive officer's
orders.
Sec. 20. (a) Appointments made by the chief executive officer
shall be certified by the county auditor, under the seal of the chief
executive officer.
(b) If a copy of the chief executive officer's proceedings has been
signed and sealed by the county auditor and introduced into
evidence in court, that copy is presumed to be an accurate record
of the chief executive officer's proceedings.
Sec. 21. If publication of a notice, report, or statement of any
kind is required and a county is liable for the cost of that
publication, the chief executive officer may not make or pay for
publication in more than one (1) newspaper unless publication in
two (2) newspapers is required. A person who violates this section
commits a Class C infraction.
Sec. 22. (a) The chief executive officer may employ and fix the
compensation of an attorney to represent and advise the executive.
(b) For purposes of Article 2, Section 9 of the Constitution of the
State of Indiana, employment by a chief executive officer as an
attorney does not constitute a lucrative office.
(1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
The county executive shall by ordinance or, in a county subject to IC 36-2-2.5, by resolution divide the county into four (4) contiguous, single-member districts that comply with subsection (d). If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts. One (1) member of the fiscal body shall be elected by the voters of each of the four (4) districts. Three (3) at-large members of the fiscal body shall be elected by the voters of the whole
county.
(b) This subsection applies to a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000). The county redistricting commission established
under IC 36-2-2-4 shall divide the county into seven (7) single-member
districts that comply with subsection (d). One (1) member of the fiscal
body shall be elected by the voters of each of these seven (7)
single-member districts.
(c) This subsection applies to a county having a population of more
than two hundred thousand (200,000) but less than three hundred
thousand (300,000). The fiscal body shall divide the county into nine
(9) single-member districts that comply with subsection (d). Three (3)
of these districts must be contained within each of the three (3) districts
established under IC 36-2-2-4(c). One (1) member of the fiscal body
shall be elected by the voters of each of these nine (9) single-member
districts.
(d) Single-member districts established under subsection (a), (b), or
(c) must:
(1) be compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) not cross precinct boundary lines;
(3) contain, as nearly as possible, equal population; and
(4) include whole townships, except when a division is clearly
necessary to accomplish redistricting under this section.
(e) A division under subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county executive adopts an order declaring a county
boundary to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e).
(1) a county having a population of:
(A) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(B) more than two hundred thousand (200,000) but less than three hundred thousand (300,000); and
(2) any other county not having a consolidated city, if both the county executive and the county fiscal body adopt identical
ordinances providing for the county to be governed by this
chapter beginning on a specified effective date.
(b) Except as provided in section 6(c) of this chapter, this
chapter does not apply to a county beginning after December 31 of
the year in which a chief executive officer is first elected under
IC 36-2-2.5.
(b) Final judgment on the merits in such a case shall be made within thirty (30) days of the stay of election order. If the redistricting is found not to be in compliance with law, the court shall retain jurisdiction and shall order the proper officials to submit within thirty (30) days a redistricting plan complying with law. If the proper officials fail to comply with the order, the court shall order the Indiana election commission to divide the county into districts in compliance with law.
(c) If this chapter applied to a county at the time a chief executive officer is first elected under IC 36-2-2.5, this section continues to apply to the county after the election of the chief executive officer.
Chapter 3.7. County Council as the County Legislative Body
Sec. 1. Except as specifically provided by law, this chapter applies to each county:
(1) that does not have a consolidated city; and
(2) in which:
(A) an ordinance has been adopted unanimously by the county executive as described in IC 36-2-2.4-2(c) to reorganize all executive powers in a single elected county executive and to place all legislative and fiscal powers in the county council; or
(B) an ordinance has been adopted by the county executive as described in IC 36-2-2.4-2(d) to reorganize all executive powers in a single elected county executive and to place all legislative and fiscal powers in the county council, and a public question to reorganize all executive powers in a
single elected county executive and to place all legislative
and fiscal powers in the county council has been approved
by the voters of the county under IC 36-2-2.4.
Sec. 2. As used in this chapter, "chief executive officer" means
the county chief executive officer elected under IC 3-10-2-13.
Sec. 3. In a county to which this chapter applies:
(1) the voters of the county shall continue to elect members of
the county council; and
(2) beginning on January 1 following the year in which the
first county chief executive officer is elected:
(A) the executive and legislative powers of the county are
divided between separate branches of county government,
and a power belonging to one (1) branch of county
government may not be exercised by the other branch of
county government;
(B) the county council is the county legislative body as well
as the county fiscal body; and
(C) the chief executive officer is the county executive of the
county and has the executive and administrative powers
and duties of the county as provided in IC 36-2-2.5.
Sec. 4. (a) All powers and duties of the county that are legislative
in nature (including any power of appointment related to
legislative functions) shall be exercised or performed by the county
council functioning as the county legislative body.
(b) The county council has the same legislative powers and
duties that the board of county commissioners in the county had
before the board of county commissioners was abolished.
(c) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
to the board of commissioners pertaining to the legislative powers
of a county is considered a reference to the county council of the
county.
(d) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
related to the legislative powers and duties of the board of county
commissioners is considered a reference to the powers and duties
of the county council of the county.
Sec. 5. The county council may do any of the following:
(1) Establish committees that are necessary to carry out the
county council's functions.
(2) Employ legal and administrative personnel necessary to
carry out the county council's functions.
(3) Pass all ordinances, orders, resolutions, and motions for
the government of the county, in the manner prescribed by
IC 36-2-4.
(4) Receive gifts, bequests, and grants from public or private
sources.
(5) Conduct investigations into the conduct of county business
for the purpose of correcting deficiencies and ensuring
adherence to law and county ordinances and policies.
(6) Establish, by ordinance, new county departments,
divisions, or agencies whenever necessary to promote efficient
county government.
(b) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published once each week for two (2) consecutive weeks, according to IC 5-3-1. However, if such an ordinance is adopted by the legislative body of a county subject to IC 36-2-2.5 or IC 36-2-3.5 and there is an urgent necessity requiring its immediate effectiveness, it need not be published if:
(1) the county executive proclaims the urgent necessity; and
(2) copies of the ordinance are posted in three (3) public places in each of the districts of the county before it takes effect.
(c) The following apply in addition to the other requirements of this section:
(1) An ordinance or resolution passed by the legislative body of a county subject to IC 36-2-3.5 is considered adopted only if it is:
(A) approved by signature of a majority of the county executive;
(B) neither approved nor vetoed by a majority of the executive, within ten (10) days after passage by the legislative body; or
(C) passed over the veto of the executive by a two-thirds (2/3) vote of the legislative body, within sixty (60) days after presentation of the ordinance or resolution to the executive.
(2) The legislative body of a county shall:
(A) subject to subdivision (3), give written notice to the department of environmental management not later than sixty (60) days before amendment or repeal of an environmental restrictive ordinance; and
(B) give written notice to the department of environmental management not later than thirty (30) days after passage, amendment, or repeal of an environmental restrictive ordinance.
(3) Upon written request by the legislative body, the department of environmental management may waive the notice requirement of subdivision (2)(A).
(4) An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of subdivision (2).
(5) The failure of an environmental restrictive ordinance to comply with subdivision (4) does not void the ordinance.
(d) After an ordinance or resolution passed by the legislative body of a county subject to IC 36-2-3.5 has been signed by the presiding officer, the county auditor shall present it to the county executive, and record the time of the presentation. Within ten (10) days after an ordinance or resolution is presented to it, the executive shall:
(1) approve the ordinance or resolution, by signature of a majority of the executive, and send the legislative body a message announcing its approval; or
(2) veto the ordinance or resolution, by returning it to the legislative body with a message announcing its veto and stating its reasons for the veto.
(e) This section does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.
(f) An ordinance increasing a building permit fee on new development must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance is adopted by the legislative body in accordance with IC 5-3-1; and
(2) delay the implementation of the fee increase for ninety (90) days after the date the ordinance is published under subdivision (1).
(b) The members of the board of commissioners of the county are entitled to remain in office until their terms expire, although the board is no longer the executive of the county.
(1) A township for which the consolidation is approved by the township legislative body and trustee and the legislative body and mayor of the consolidated city.
(2) Any fire protection territory established under IC 36-8-19 that is located in a township described in subdivision (1).
(b) If the requirements of subsection (g) are satisfied, the consolidated fire department shall provide fire protection services within an entity described in subsection (a)(1) or (a)(2) in which the requirements of subsection (g) are satisfied on the date agreed to in the resolution of the township legislative body and the ordinance of the legislative body of the consolidated city.
(c) If the requirements of subsection (g) are satisfied and the fire department of an entity listed in subsection (a) is consolidated into the
fire department of the consolidated city, all of the property, equipment,
records, rights, and contracts of the department consolidated into the
fire department of the consolidated city are:
(1) transferred to; or
(2) assumed by;
the consolidated city on the effective date of the consolidation.
However, real property other than real property used as a fire station
may be transferred only on terms mutually agreed to by the legislative
body and mayor of the consolidated city and the trustee and legislative
body of the township in which that real property is located.
(d) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of the consolidated city, the employees of the fire
department consolidated into the fire department of the consolidated
city cease employment with the department of the entity listed in
subsection (a) and become employees of the consolidated fire
department on the effective date of the consolidation. The consolidated
city shall assume all agreements with labor organizations that:
(1) are in effect on the effective date of the consolidation; and
(2) apply to employees of the department consolidated into the
fire department of the consolidated city who become employees
of the consolidated fire department.
(e) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the indebtedness related to fire
protection services incurred before the effective date of the
consolidation by the entity or a building, holding, or leasing
corporation on behalf of the entity whose fire department is
consolidated into the consolidated fire department under subsection (a)
shall remain the debt of the entity and does not become and may not be
assumed by the consolidated city. Indebtedness related to fire
protection services that is incurred by the consolidated city before the
effective date of the consolidation shall remain the debt of the
consolidated city, and property taxes levied to pay the debt may only
be levied by the fire special service district.
(f) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the merit board and the merit
system of the fire department that is consolidated are dissolved on the
effective date of the consolidation, and the duties of the merit board are
transferred to and assumed by the merit board for the consolidated fire
department on the effective date of the consolidation.
(g) A township legislative body, after approval by the township trustee, may adopt a resolution approving the consolidation of the township's fire department with the fire department of the consolidated city. A township legislative body may adopt a resolution under this subsection only after the township legislative body has held a public hearing concerning the proposed consolidation. The township legislative body shall hold the hearing not earlier than thirty (30) days after the date the resolution is introduced. The hearing shall be conducted in accordance with IC 5-14-1.5, and notice of the hearing shall be published in accordance with IC 5-3-1. If the township legislative body has adopted a resolution under this subsection, the township legislative body shall, after approval from the township trustee, forward the resolution to the legislative body of the consolidated city. If such a resolution is forwarded to the legislative body of the consolidated city and the legislative body of the consolidated city adopts an ordinance, approved by the mayor of the consolidated city, approving the consolidation of the fire department of the township into the fire department of the consolidated city, the requirements of this subsection are satisfied. The consolidation shall take effect on the date agreed to by the township legislative body in its resolution and by the legislative body of the consolidated city in its ordinance approving the consolidation.
(h) The following apply if the requirements of subsection (g) are satisfied:
(1) The consolidation of the fire department of that township is effective on the date agreed to by the township legislative body in the resolution and by the legislative body of the consolidated city in its ordinance approving the consolidation.
(2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the fire department of a consolidated city under this section;
remains a member of the 1977 fund without being required to meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The firefighter shall receive credit for any service as a member of the 1977 fund before the consolidation to determine the firefighter's eligibility for benefits under IC 36-8-8.
(3) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
fire department of a consolidated city under this section;
remains a member of the 1937 fund. The firefighter shall receive
credit for any service as a member of the 1937 fund before the
consolidation to determine the firefighter's eligibility for benefits
under IC 36-8-7.
(4) For property taxes first due and payable in the year in which
the consolidation is effective, the maximum permissible ad
valorem property tax levy under IC 6-1.1-18.5:
(A) is increased for the consolidated city by an amount equal
to the maximum permissible ad valorem property tax levy in
the year preceding the year in which the consolidation is
effective for fire protection and related services by the
township whose fire department is consolidated into the fire
department of the consolidated city under this section; and
(B) is reduced for the township whose fire department is
consolidated into the fire department of the consolidated city
under this section by the amount equal to the maximum
permissible ad valorem property tax levy in the year preceding
the year in which the consolidation is effective for fire
protection and related services for the township.
(5) The amount levied in the year preceding the year in which the
consolidation is effective by the township whose fire department
is consolidated into the fire department of the consolidated city
for the township's cumulative building and equipment fund for
fire protection and related services is transferred on the effective
date of the consolidation to the consolidated city's cumulative
building and equipment fund for fire protection and related
services, which is hereby established. The consolidated city is
exempted from the requirements of IC 36-8-14 and IC 6-1.1-41
regarding establishment of the cumulative building and
equipment fund for fire protection and related services.
(6) The local boards for the 1937 firefighters' pension fund and
the 1977 police officers' and firefighters' pension and disability
fund of the township are dissolved, and their services are
terminated not later than the effective date of the consolidation.
The duties performed by the local boards under IC 36-8-7 and
IC 36-8-8, respectively, are assumed by the consolidated city's
local board for the 1937 firefighters' pension fund and local board
for the 1977 police officers' and firefighters' pension and
disability fund, respectively. Notwithstanding any other provision,
the legislative body of the consolidated city may adopt an
ordinance to adjust the membership of the consolidated city's
local board to reflect the consolidation.
(7) The consolidated city may levy property taxes within the
consolidated city's maximum permissible ad valorem property tax
levy limit to provide for the payment of the expenses for the
operation of the consolidated fire department. However, property
taxes to fund the pension obligation under IC 36-8-7 for members
of the 1937 firefighters fund who were employees of the
consolidated city at the time of the consolidation may be levied
only by the fire special service district within the fire special
service district. The fire special service district established under
IC 36-3-1-6 may levy property taxes to provide for the payment
of expenses for the operation of the consolidated fire department
within the territory of the fire special service district. Property
taxes to fund the pension obligation under IC 36-8-8 for members
of the 1977 police officers' and firefighters' pension and disability
fund who were members of the fire department of the
consolidated city on the effective date of the consolidation may be
levied only by the fire special service district within the fire
special service district. Property taxes to fund the pension
obligation for members of the 1937 firefighters fund who were
not members of the fire department of the consolidated city on the
effective date of the consolidation and members of the 1977
police officers' and firefighters' pension and disability fund who
were not members of the fire department of the consolidated city
on the effective date of the consolidation may be levied by the
consolidated city within the city's maximum permissible ad
valorem property tax levy. However, these taxes may be levied
only within the fire special service district and any townships that
have consolidated fire departments under this section.
(8) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before March
1 of the year in which the consolidation is effective and before
March 1 in each of the following two (2) years, to determine:
(A) the amount of any cost savings, operational efficiencies, or
improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluation
and performance audit must be provided to the legislative council
in an electronic format under IC 5-14-6 and to the state budget
committee.
(i) If a local public question is approved under IC 36-6-1.1 in the
county having a consolidated city, the fire department of a
township described in IC 36-6-1.2-3(b) is consolidated into the fire
department of the consolidated city under this section on the
earlier of the following:
(1) The date the mayor of the consolidated city establishes by
executive order.
(2) January 1, 2014.
To ensure an orderly transition, the mayor may order the
consolidation of one (1) or more such fire departments into the
consolidated fire department with each executive order. The mayor
shall, by certified mail, provide at least sixty (60) days notice of the
effective date of the consolidation to the trustee of the township
affected.
(b) The board of commissioners:
(1) shall make the appointments required by statute to be made by the board of commissioners of a county;
(2) shall perform the duties and exercise the powers prescribed by statutes pertaining to the issuance and payment of bonds of the county and the expenditure of the unexpended proceeds of those bonds; and
(3) may exercise the powers granted it by Article 9, Section 3 of the Constitution of the State of Indiana and by IC 12-30-3.
(c) Notwithstanding any other provision, an act enacted by the general assembly during the first regular session of the one hundred seventeenth general assembly to allow for a single elected county chief executive officer under IC 36-2-2.5 in counties not containing a consolidated city does not affect the rights, powers, and duties of the board of commissioners in a county containing a consolidated city.
(1) has all the powers; and
(2) performs all the duties;
of the county auditor under law.
(b) The controller:
(1) does not have the powers; and
(2) may not perform the duties;
of the county auditor under IC 36-2-9.5 and IC 36-3-6.
(c) Notwithstanding subsection (a) or any other law, the executive, with the approval of the legislative body, may allocate the duties of the county auditor, except the duties referred to in subsection (b), among:
(1) the controller;
(2) the county assessor;
(3) the county auditor; or
(4) other appropriate city or county officials.
(b) A town subject to this chapter may be dissolved if the county election board of the county in which the greatest percentage of population of the town is located conducts a public hearing and finds that the town has not elected town officers or had a functioning town government during the preceding ten (10) years.
(c) The county election board shall certify the board's findings to the county executive, who may adopt an ordinance or (in a county subject to IC 36-2-2.5 or IC 36-2-3.5) issue an order to dissolve the town.
Chapter 1.1. Local Public Question on Eliminating Township Government; Transfer of Duties and Responsibilities; Transfer of Property
Sec. 1. This chapter applies to all counties.
Sec. 2. (a) The following question shall be submitted to the registered voters of Marion County at the general election in November 2012:
"Shall the duties of township government be transferred to Marion County? (A "yes" vote on the public question eliminates the township trustee in all townships in the county, transfers township fire protection duties to the fire department of the consolidated city, and transfers other township powers and duties to the county. A "no" vote on the public question retains the township trustees in the county.)".
(b) The following question shall be submitted to the registered voters of each county (other than Marion County) at the general election in November 2012:
"Shall the duties of township government be transferred to ________ (insert the name of the county)? (A "yes" vote on the public question eliminates the township trustee and township assessor (if any) in all townships in the county, transfers township fire protection duties to a fire protection district, and transfers other township powers and duties to the county. A "no" vote on the public question retains the township trustees in the county.)".
Sec. 3. (a) The county auditor shall certify a public question described in section 2 of this chapter under IC 3-10-9-3 to the county election board of the county. After the public question is certified, the public question shall be placed on the ballot at the general election in November 2012.
(b) Only the registered voters who are residents of the county may vote on the public question.
Sec. 4. Public funds from any source may not be expended by a political subdivision or by the state to promote a position on a public question under this chapter. A political subdivision or the state may not promote a position on a public question under this chapter by doing any of the following:
(1) Allowing facilities or equipment, including mail and messaging systems, owned by the political subdivision or state to be used for public relations purposes to promote a position on the public question.
(2) Making an expenditure of money from a fund controlled by the political subdivision or the state to promote a position on the public question.
(3) Using an employee to promote a position on the public question during the employee's normal working hours or paid overtime, or otherwise compelling an employee to promote a position on the public question at any time.
Sec. 5. The circuit court clerk shall certify the results of a public question under this chapter to the following:
(1) The secretary of state.
(2) The county auditor.
(3) The department of local government finance.
(4) The department of state revenue.
(5) The state board of accounts.
Sec. 6. If a majority of the voters voting on a public question under this chapter in the county vote "yes" to the public question, beginning on January 1, 2014:
(1) the office of township trustee in each township in the
county is abolished;
(2) the county executive is the executive of all townships in the
county and shall exercise the executive powers and duties
assigned in the Indiana Code or the Indiana Administrative
Code to the township executive;
(3) the office of township assessor, if a township has a
township assessor, is abolished; and
(4) the county assessor has the powers and duties of the
township assessor (if any).
Sec. 7. (a) The abolishment of the office of a township trustee
and township assessor (if any) under section 6 of this chapter does
not invalidate:
(1) any resolutions, fees, schedules, or other actions adopted
or taken by the township trustee or township assessor before
January 1, 2014; or
(2) any appointments made by the township trustee or
township assessor before January 1, 2014.
(b) In a county in which a township trustee or township assessor
is abolished under section 6 of this chapter, after December 31,
2013, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code; or
(3) in any resolution;
to the township trustee is considered a reference to the county
executive and to the township assessor is considered a reference to
the county assessor.
Sec. 8. Beginning January 1, 2013, in a county in which a local
public question under this chapter is approved, a designee of the
executive shall meet at least every other month with each township
trustee to effectuate the proper transition of the township's duties,
obligations, and responsibilities relating to cemeteries, high weeds
and grass, detrimental plants, and parks. In a county in which a
local public question under this chapter is approved, the following
shall occur:
(1) Beginning January 1, 2013, a designee of the county
executive shall meet at least monthly with each township
trustee to effectuate the proper transition of the duties,
obligations, and responsibilities of the trustees relating to
township assistance. The designee shall prepare and maintain
a report regarding the transition, and the report shall be
made available to the public upon request.
(2) Beginning January 1, 2013, a designee of the county
executive in a county having a consolidated city shall meet at
least every other month with each township trustee to
effectuate the proper transition of the duties, obligations, and
responsibilities of the trustees relating to small claims courts
to the county executive. The designee shall prepare and
maintain a report regarding the transition, and the report
shall be made available to the public upon request.
Sec. 9. (a) Except as provided in subsection (b), if a local public
question under this chapter is approved, on January 1, 2014, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel; and
(7) contracts;
connected with the operations of a township in the county related
to fire services are transferred to the fire protection district
established under IC 36-8-11-4.5.
(b) If a local public question under this chapter is approved, on
January 1, 2014, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel; and
(7) contracts;
connected with the operations related to fire services of a township
that is wholly contained within a fire protection district as of
December 31, 2013, are transferred to the fire protection district.
(c) If a local public question under this chapter is approved, on
January 1, 2014, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel; and
(7) contracts;
connected with the operations of a township in the county related
to township functions other than those specified under subsection
(a) are transferred to the county executive.
Sec. 10. (a) Except as provided in subsection (b), if a local public
question under this chapter is approved in a county, the balance on
January 1, 2014, in a debt service fund related to fire protection of
a township located in the county:
(1) is transferred to the fire protection district established
under IC 36-8-11-4.5 in which the township is located; and
(2) shall be used by the fire protection district to pay
indebtedness or lease rentals for which the fund was
established.
Any balance remaining in the fund after all payments for
indebtedness or lease rentals required under this section have been
made is transferred to the general fund of the fire protection
district.
(b) If a local public question under this chapter is approved, the
balance on January 1, 2014, in a debt service fund related to fire
protection of a township that is wholly contained within a fire
protection district as of December 31, 2013:
(1) is transferred to the fire protection district in which the
township is wholly contained; and
(2) shall be used by the fire protection district to pay
indebtedness or lease rentals for which the fund was
established.
Any balance remaining in the fund after all payments for
indebtedness or lease rentals required under this section have been
made is transferred to the general fund of the fire protection
district.
(c) If a local public question under this chapter is approved in
a county, the balance on January 1, 2014, in a debt service fund
related to township functions other than those specified under
subsection (a) or (b):
(1) is transferred to the county in which the township is
located; and
(2) shall be used by the county to pay indebtedness or lease
rentals for which the fund was established.
Any balance remaining in the fund after all payments for
indebtedness or lease rentals required under this section have been
made is transferred to the county general fund.
Sec. 11. (a) If a local public question under this chapter is
approved in a county, on January 1, 2014, the balance in the
general fund of a township in the county attributable to the duties
of the township trustee under IC 36-6-4-3, other than the duties
concerning fire protection transferred under IC 36-3-1-6.1, is
transferred to the executive.
(b) If a local public question under this chapter is approved in
a county having a consolidated city, on January 1, 2014, the
balance in the general fund of a township in the county attributable
to the duties of the township trustee related to administering small
claims courts is transferred to the county executive.
(c) The department of local government finance shall determine
the amounts to be transferred under subsections (a) and (b).
(d) IC 36-1-8-5 does not apply to a balance referred to in
subsection (a).
Sec. 12. (a) If a local public question under this chapter is
approved in a county, the balance in the township assistance fund
of a township in the county attributable to the duties of the
township trustee on January 1, 2014:
(1) is transferred to the county; and
(2) shall be deposited in the township assistance fund
established under IC 12-20-1-6.
(b) The department of local government finance shall determine
the amounts to be transferred under this section.
(c) IC 36-1-8-5 does not apply to a balance referred to in this
section.
Sec. 13. If a local public question under this chapter is approved
in a county:
(1) effective January 1, 2014, the operations of the township
constable in a township located in the county; and
(2) effective January 1, 2014, the operations of the small
claims courts in a township located in the county;
shall be accounted for in the county budget.
Sec. 14. Effective January 1, 2014, in a county that approves a
local public question under this chapter, a municipality has the
right of first refusal for park land and buildings that are located
within the municipality. If the municipality agrees to the transfer
of some or all of the township's park land and buildings that are
located in the municipality, the property (and all obligations
related to the property) shall be transferred to the municipality. If
the municipality does not agree to the transfer of some or all of the
township's park land and buildings that are located in the
municipality, the property (and all obligations related to the
property) that are not accepted by the municipality shall be
transferred to the county.
Sec. 15. Indebtedness that was incurred by a township before
the township government is abolished under this chapter:
(1) may not be imposed on taxpayers that were not
responsible for payment of the indebtedness before the
abolishment of the township government; and
(2) must be paid by the taxpayers that were responsible for
payment of the indebtedness before the abolishment of the
township government.
Sec. 16. The department of local government finance shall
adjust maximum permissible property tax levies and property tax
rates of units of local government as necessary to account for
transfers of duties, powers, and obligations under this chapter.
Chapter 1.2. Fire Protection Districts in Abolished Townships
Sec. 1. This chapter applies to all counties in which a local public question is approved under IC 36-6-1.1.
Sec. 2. Except as provided in section 3 of this chapter, if a local public question is approved under IC 36-6-1.1 in a county, the functions, duties, and responsibilities of the township with respect to providing fire protection and related services are transferred on January 1, 2014, to a fire protection district established for that township as provided in IC 36-8-11-4.5.
Sec. 3. (a) If a local public question is approved under IC 36-6-1.1 in the county having a consolidated city, in the case of a township in the county that has not consolidated its fire department under IC 36-3-1-6.1:
(1) the township fire department is consolidated into the fire department of the consolidated city as provided in IC 36-3-1-6.1(i); and
(2) a fire protection district is not established under this chapter in that township.
(b) Notwithstanding IC 36-3-1-6.1, if a local public question is approved under IC 36-6-1.1 in the county having a consolidated city, the consolidation of the fire department of a township described in subsection (b) into the fire department of the consolidated city occurs as provided in IC 36-3-1-6.1(i), without any action required by the township executive, the township legislative body, or the legislative body of the consolidated city.
Sec. 4. (a) Except as provided in section 3 of this chapter and except as otherwise provided by law, if a local public question is approved under IC 36-6-1.1 in a county, on January 1, 2014, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel (except as otherwise provided for by statute); and
(7) contracts;
connected with the fire protection and related operations of a township in which a fire protection district is established under IC 36-8-11-4.5 are transferred to the fire protection district.
(b) In the case of a township that is located in a county in which a local public question is approved under IC 36-6-1.1 and that is a participating unit in a fire protection territory as of January 1, 2014:
(1) the powers and duties of the township related to the fire protection territory are transferred to the fire protection district established under IC 36-8-11-4.5; and
(2) the fire protection district established under IC 36-8-11-4.5 assumes all of the assets, debts, property rights, equipment, records, personnel, and contracts related to the township's participation as a participating unit in the fire protection territory.
Sec. 5. This chapter does not affect the rights, powers, and responsibilities of a fire protection district in existence as of January 1, 2014.
Sec. 6. A fire protection district shall not be established under this section in the territory of a township that is included in a fire protection district as of January 1, 2014.
Sec. 7. Except as otherwise provided by law, IC 36-8-11 governs a fire protection district established as provided in IC 36-8-11-4.5.
Sec. 8. The department of local government finance shall adjust maximum permissible property tax levies and property tax rates of units of local government as necessary to account for transfers of duties, powers, and obligations under this chapter.
executive shall state all the facts concerning that money in the report.
(b) Each item of expenditure must be accompanied by the verified
voucher of the person to whom the sum was paid, stating:
(1) why the payment was made;
(2) that the receipt is for the exact sum received;
(3) that no part of the sum has been retained by the executive; and
(4) that no part of the sum has been or is to be returned to the
executive or any other person.
The executive may administer oaths to persons giving these receipts.
(c) The report must separately list each expenditure that is
made to reimburse the executive for the executive's use of tangible
property (as defined in IC 6-1.1-1-19) for public business, including
any reimbursements made for the executive's use of a private
residence, a personal telephone, or a personal vehicle for public
business. As used in this section, "private residence" means a place
that is not a public place.
(c) (d) The executive shall swear or affirm that:
(1) the report shows all sums received by him; the executive;
(2) the expenditures credited have been fully paid in the sums
stated, without express or implied agreement that any part of the
sums is to be retained by or returned to the executive or any other
person; and
(3) the executive has received no money or other property in
consideration of any contract entered into on behalf of the
township.
(d) (e) Within ten (10) days after the legislative body's action under
IC 36-6-6-9, the executive shall file a copy of the report and its
accompanying vouchers, as adopted by the legislative body, in the
county auditor's office. The legislative body may, for the benefit of the
township, bring a civil action against the executive if the executive fails
to file the report within ten (10) days after the legislative body's action.
The legislative body may recover five dollars ($5) for each day beyond
the time limit for filing the report, until the report is filed.
(1) having:
(A) a population of more than eight thousand (8,000); or
(B) an elected township assessor or the authority to elect a township assessor before January 1, 1979; and
(2) in which the number of parcels of real property on January 1, 2008, is at least fifteen thousand (15,000).
(b) Subject to subsection (g), before 2009, a township assessor shall be elected under IC 3-10-2-14 (repealed effective July 1, 2008) in each township:
(1) having a population of more than five thousand (5,000) but not more than eight thousand (8,000), if:
(A) the legislative body of the township, by resolution, declares that the office of township assessor is necessary; and
(B) the resolution is filed with the county election board not later than the first date that a declaration of candidacy may be filed under IC 3-8-2; and
(2) in which the number of parcels of real property on January 1, 2008, is at least fifteen thousand (15,000).
(c) Subject to subsection (g), a township government that is created by merger under IC 36-6-1.5 shall elect only one (1) township assessor under this section.
(d) Subject to subsection (g), after 2008 a township assessor shall be elected under IC 3-10-2-13 only by the voters of each township in which:
(1) the number of parcels of real property on January 1, 2008, is at least fifteen thousand (15,000); and
(2) the transfer to the county assessor of the assessment duties prescribed by IC 6-1.1 is disapproved in the referendum under IC 36-2-15.
(e) The township assessor must reside within the township as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The assessor forfeits office if the assessor ceases to be a resident of the township.
(f) The term of office of a township assessor is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. However, the term of office of a township assessor elected at a general election in which no other township officer is elected ends on December 31 after the next election in which any other township officer is elected.
(g) A person who runs for the office of township assessor in an election after June 30, 2008, is subject to IC 3-8-1-23.6.
(h) After June 30, 2008, the county assessor shall perform the assessment duties prescribed by IC 6-1.1 in a township in which the number of parcels of real property on January 1, 2008, is less than fifteen thousand (15,000).
(i) Notwithstanding any other law, on January 1, 2014, in the
case of a county that approves a public question under IC 36-6-1.1:
(1) the powers and duties of the township assessor are
transferred to the county assessor;
(2) the office of township assessor is eliminated; and
(3) the term of any township assessor is terminated.
The transfer of powers and duties under this subsection does not
affect any assessment, assessment appeal, or other official action
of a township assessor relating to property assessment made before
the transfer of powers and duties of the township assessor. Any
assessment, assessment appeal, or other official action made by a
township assessor within the scope of the township assessor's
official duties under IC 6-1.1 or this chapter before the transfer of
powers and duties to the county assessor is considered to have been
made by the county assessor.
(j) Each township assessor whose powers and duties are
transferred to the county assessor under subsection (i) shall
organize the records of the township assessor's office relating to
those duties in a manner prescribed by the department of local
government finance and transfer the records to the county assessor
in the manner and at the time directed by the department of local
government finance. The department of local government finance
shall determine a procedure and schedule for the transfer of the
records. A township assessor whose powers and duties are
transferred to the county assessor under subsection (i) and the
county assessor to whom the powers and duties are transferred
shall assist each other and coordinate their efforts to ensure an
orderly transfer of all township assessor records to the county
assessor and to provide for an uninterrupted and professional
transition of powers and duties from the township assessor to the
county assessor consistent with the directions of the department of
local government finance.
(b) On January 1, 2013, the township boards in each county are abolished.
(c) After December 31, 2012:
(1) the county fiscal body is the fiscal body and legislative body of each township in the county; and
(2) the county fiscal body shall exercise the legislative and fiscal powers assigned in the Indiana Code to township boards, including the authority to adopt the township's annual
budget and to levy township property taxes for township
funds.
(d) The abolishment of a township board under subsection (b)
does not invalidate:
(1) any resolutions, fees, or schedules adopted or other actions
taken by the township board before January 1, 2013; or
(2) any appointments made by the township board before
January 1, 2013.
(e) After December 31, 2012, any reference in the Indiana Code,
in the Indiana Administrative Code, or in any resolution to the
township board of a county is considered a reference to the county
fiscal body.
Chapter 10. Township Capital Improvement Plan
Sec. 1. This chapter applies after December 31, 2012.
Sec. 2. As used in this chapter, "capital improvement" means:
(1) acquisition of land;
(2) site improvements;
(3) infrastructure improvements;
(4) construction of buildings or structures;
(5) rehabilitation, renovation, or enlargement of buildings or structures; or
(6) acquisition or improvement of machinery, equipment, furnishings, or facilities.
Sec. 3. As used in this chapter, "capital improvement fund" means a township fund in which the money in the fund may be used for the payment of capital improvements. The term includes:
(1) a cumulative firefighting building and equipment fund under IC 36-8-14;
(2) an equipment replacement fund under IC 36-8-19-8.5;
(3) a cumulative township vehicle and building fund under IC 36-9-17.5;
(4) a cumulative building fund under IC 36-10-7.5-19; and
(5) any other fund established by a township for the payment of capital improvements.
Sec. 4. As used in this chapter, "plan" refers to a township capital improvement plan adopted or amended under this chapter.
Sec. 5. Before a township may collect property taxes for a capital improvement fund in a particular year, the township trustee must prepare a proposed or amended plan in the
immediately preceding year. The county fiscal body, not later than
August 1, shall hold a public hearing on a proposed or amended
plan and adopt the proposed or amended plan.
Sec. 6. (a) The department of local government finance shall
prescribe the format of the plan.
(b) A plan must:
(1) apply to at least the three (3) years immediately following
the year the plan is adopted;
(2) estimate for each year to which the plan applies the nature
and amount of proposed expenditures from the capital
improvement fund; and
(3) estimate:
(A) the source of all revenue to be dedicated to the
proposed expenditures in the upcoming calendar year; and
(B) the amount of property taxes to be collected in the
upcoming calendar year and retained in the fund for
expenditures proposed for a later year.
Sec. 7. A township trustee, with the approval of the county fiscal
body, may amend a plan to:
(1) provide money for the purposes of the fund; or
(2) supplement money accumulated in the fund for the
purposes of the fund.
Sec. 8. The plan shall be considered by:
(1) the county fiscal body in making the annual budget
estimate under IC 6-1.1-17-2; and
(2) the department of local government finance when
reviewing a budget, tax rate, and tax levy of a township under
IC 6-1.1-17-16.
(1) "Board" refers to the board of fire trustees of a fire protection district.
(2) "Fire trustee" means, after December 31, 2013, the fire trustee of a fire protection district established under section 4.5 of this chapter.
(3) "Fiscal officer" means a bonded employee of the fire protection district charged with the faithful receipt and disbursement of the funds of the district.
(4) "Freeholder" means an individual who holds land in fee, for life, or for some indeterminate period of time, whether or not in joint title.
(5) "Interested person" includes a freeholder or corporation owning lands within the proposed or established fire protection district, a person whose property may be condemned or injured by the district, the proper officer of a municipality, an affected state agency, and all local plan commissions.
(6) "Joint title" means joint tenancy, tenancy in common, or tenancy by the entireties.
(7) "Primary county" refers to the county where the largest portion of a municipality is located if the municipality is located in two (2) counties.
(8) "Secondary county" refers to the county where the smallest portion of a municipality is located if the municipality is located in two (2) counties.
(b) Notwithstanding any other law and except as provided in this section, a fire protection district is established effective January 1, 2014, in the territory of each township in which township government is abolished under IC 36-6-1.1.
(c) The following apply to a fire protection district established under this section:
(1) The fire protection district consists of all unincorporated area that is located in the township and that as of December 31, 2013, is not included in a fire protection district. A municipality located within the fire protection district may be included in the fire protection district, but only if the municipality consents by ordinance.
(2) No action by a county legislative body, freeholders, or any other entity is necessary to establish the fire protection district.
(3) The fire protection district may merge with one (1) or more other fire protection districts as provided in this chapter.
(4) The fire protection district may be a participating unit in
a fire protection territory under IC 36-8-19.
(5) The assets, liabilities, and obligations of the township
government that is abolished under IC 36-6-1.1 concerning
fire protection are transferred to the fire protection district as
provided in IC 36-6-1.2.
(6) Except as specifically provided by law, a fire protection
district established under this section is governed by and
subject to this chapter and all other laws and rules governing
fire protection districts.
(d) This section does not affect the rights, powers, and
responsibilities of a fire protection district in existence as of
January 1, 2014.
(e) A fire protection district shall not be established under this
section in the territory of a township that is included in a fire
protection district as of January 1, 2014.
(1) is a party to a contract with the district; or
(2) is a member, an employee, a director, or a shareholder of any corporation or association that has a contract with the district;
may not be appointed or serve as a trustee. The legislative body shall appoint one (1) trustee from each township or part of a township contained in the district and one (1) trustee from each municipality contained in the district. If the number of trustees selected by this method is an even number, the legislative body shall appoint one (1) additional trustee so that the number of trustees is always an odd number. If the requirements of this section do not provide at least three (3) trustees, the legislative body shall make additional appointments so that there is a minimum of three (3) trustees.
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) All others for a term of four (4) years.
The terms expire on the first Monday of January of the year their
appointments expire. As the terms expire, each new appointment is for
a term of four (4) years.
(c) (d) If a vacancy occurs on the board, the county legislative body
shall appoint a trustee with the qualifications specified in subsection (a)
(b) for the unexpired term.
(b) The following apply to a fire protection district to which this section applies:
(1) The fire protection district shall not have a board of fire trustees.
(2) The county executive shall appoint a fire trustee to manage the operation of the fire protection district.
(3) A fire trustee:
(A) must be a resident of the fire protection district; and
(B) may not be an employee of the fire protection district.
(4) A fire trustee shall be appointed for a four (4) year term, beginning on January 1 of the first year of the fire trustee's term.
(5) The initial fire trustee shall be appointed for a four (4) year term, beginning on January 1, 2014.
(6) The county fiscal body shall by ordinance set the salary of each fire trustee in the county. The salary of a fire trustee shall be paid by the fire protection district.
(7) A fire trustee:
(A) may not be a relative (as defined in IC 14-33-5.4-2) of a member of the county fiscal body, county legislative body, or county executive body; and
(B) may not be a member of the fire department serving the fire protection district.
(8) Except as specifically provided by law, after December 31, 2013:
(A) the fire trustee of a fire protection district to which this section applies has the powers, duties, rights, and responsibilities that a board of fire trustees has in a fire protection district to which this section does not apply; and
(B) a reference in this chapter or in any law to a board of fire trustees is considered a reference to the fire trustee in the case of a fire protection district to which this section
applies.
(9) The fire trustee shall arrange for office space and keep a
record of all transactions and minutes of all hearings or
meetings of the fire trustee. All records and minutes must be
available for public inspection.
(1) has the same powers and duties as a township executive with respect to fire protection functions, including those duties and powers prescribed by IC 36-8-13, although all cooperative and joint actions permitted by that chapter must be undertaken according to this chapter;
(2) has the same powers and duties as a township executive relative to contracting with volunteer firefighting companies, as prescribed by IC 36-8-12 and IC 36-8-13;
(3) shall appoint, fix the compensation, and prescribe the duties of a fiscal officer, secretarial staff, persons performing special and temporary services or providing legal counsel, and other
personnel considered necessary for the proper functioning of the
district; however, a person appointed as fiscal officer must be
bonded by good and sufficient sureties in an amount ordered by
the county legislative body to protect the district from financial
loss;
(4) shall exercise general supervision of and make regulations for
the administration of the district's affairs;
(5) shall prescribe uniform rules pertaining to investigations and
hearings;
(6) shall supervise the fiscal affairs and responsibilities of the
district;
(7) may delegate to employees of the district the authority to
perform ministerial acts, except in cases in which final action of
the board is necessary;
(8) shall keep accurate and complete records of all departmental
proceedings, record and file all bonds and contracts, and assume
responsibility for the custody and preservation of all papers and
documents of the district;
(9) shall make an annual report to the executive and the fiscal
body of the county that at least lists the financial transactions of
the district and a statement of the progress in accomplishing the
purposes for which the district has been established;
(10) shall adopt a seal and certify all official acts;
(11) may sue and be sued collectively by its legal name ("Board
of Fire Trustees, __________ Fire Protection District"), with
service of process made on the chairman of the board, but costs
may not be taxed against the members individually in an action;
(12) may invoke any legal, equitable, or special remedy for the
enforcement of this chapter or of proper action of the board taken
in a court;
(13) shall prepare and submit to the fiscal body of the county an
annual budget for operation and maintenance expenses and for the
retirement of obligations of the district, subject to review and
approval by the fiscal body;
(14) may, if advisable, establish one (1) or more advisory
committees;
(15) may enter into agreements with and accept money from a
federal or state agency and enter into agreements with a
municipality located within or outside the district, whether or not
the municipality is a part of the district, for a purpose compatible
with the purposes for which the district exists and with the
interests of the municipality;
(16) may accept gifts of money or other property to be used for the purposes for which the district is established;
(17) may levy taxes at a uniform rate on the real and personal property within the district;
(18) may issue bonds and tax anticipation warrants;
(19) may incur other debts and liabilities;
(20) may purchase or rent property;
(21) may sell services or property that are produced incident to the operations of the district making a fair and reasonable charge for it;
(22) may make contracts or otherwise enter into agreements with public or private persons and federal or state agencies for construction, maintenance, or operations of or in part of the district;
(23) may receive and disburse money; and
(24) may impose a false alarm fee or service charge under IC 36-8-13-4.
(b) Powers granted by this chapter may be used only to accomplish the purpose or purposes as stated in the ordinance or resolution establishing the district. However, an act of the board necessary and proper to accomplish the purposes for which the district is established is not invalid because it incidentally accomplishes a purpose other than one for which the district is established.
(c) Except as provided in subsection (d), in a fire protection district established under section 4.5 of this chapter, the fire trustee has after December 31, 2013, all the powers, duties, rights, and responsibilities of a board of fire trustees under this section.
(d) In a fire protection district established under section 4.5 of this chapter, the fire trustee may:
(1) levy taxes at a uniform rate on the real and personal property within the district;
(2) issue bonds and tax anticipation warrants; and
(3) incur other debts and liabilities;
only after approval by the county fiscal body.
chapter must be approved by the county fiscal body.
(b) The budget must be approved by the fiscal body of the county, the county board of tax adjustment, and the department of local government finance.
(c) Upon approval by the department of local government finance, the board shall certify the approved tax levy to the auditor of the county having land within the district. The auditor shall have the levy entered on the county treasurer's tax records for collection. After collection of the taxes the auditor shall issue a warrant on the treasurer to transfer the revenues collected to the board, as provided by statute.
(b) IC 36-6-1.2 applies after December 31, 2013, to a township located in a county that has approved a local public question under IC 36-6-1.1.
(b) The legislative body of the county where at least two (2) districts are located (or if the districts are located in more than one (1) county, the legislative body of each county) shall, if petitioned by freeholders in the two (2) districts, adopt an ordinance merging the districts into a single fire protection district.
(c) Freeholders who desire the merger of at least two (2) fire
protection districts must initiate proceedings by filing a petition in the
office of the county auditor of each county where a district is located.
The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five
hundred (500) from each district, of the freeholders owning land
within the district; or
(2) by a majority of the freeholders from the districts;
whichever is less.
(d) The petition described in subsection (c) must state the same
items listed in section 7 of this chapter. Sections 6, 8, and 9 of this
chapter apply to the petition and to the legislative body of each county
in the proposed district.
(e) The board of fire trustees for each district shall form a single
board, which shall continue to be appointed as prescribed by section 12
of this chapter. In the case of a merger of fire protection districts
that includes one (1) or more fire protection districts established
under section 4.5 of this chapter, the county legislative body (or
county legislative bodies acting jointly, if the merger involves fire
protection districts from more than one (1) county) shall appoint
an individual to serve as fire trustee of the merged fire protection
district. In addition, sections 13, 14, and 15 of this chapter relating to
the board of fire trustees apply to the board of the merged district,
except that if the merged district lies in more than one (1) county, the
county legislative bodies serving the combined district shall jointly
decide where the board shall locate (or approve relocation of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the
taxing district, bonds, annual budget, tax levies, and disbanding of fire
departments apply to a merged district. However, the budget must be
approved by the county fiscal body and county board of tax adjustment
in each county in the merged district. In addition, the auditor of each
county in the district shall perform the duties described in section 18(c)
of this chapter.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five hundred (500), of the freeholders owning land within the district;
or
(2) by a majority of those freeholders owning land within the
district;
whichever is less.
(c) Except as provided in subsection (d), the provisions of section
8 of this chapter concerning a petition to establish a district apply to a
dissolution petition.
(d) If the district is established under section 5.1 of this chapter, the
provisions of section 5.1 of this chapter apply to a petition to dissolve
the district.
(e) Except as provided in subsection (f), a petition against the
dissolution of the fire protection district may be presented to the county
legislative body at or after a hearing on the petition to dissolve a district
and before the adoption of an ordinance or resolution dissolving the
district. If the legislative body finds that it contains the signatures of
fifty-one percent (51%) of the freeholders within the district or of the
freeholders who own two-thirds (2/3) of the real property within the
district, determined by assessed valuation, the legislative body shall
dismiss the petition for the dissolution of the district.
(f) If a district is established under section 5.1 of this chapter, the
provisions of section 9.5 of this chapter apply to a petition to dissolve
the district.
(g) If, after the public hearing, the legislative body determines that
dissolution should occur, it shall adopt an ordinance dissolving the
district. If the district is established under section 5.1 of this chapter,
both legislative bodies of the counties containing the district must
adopt ordinances dissolving the district after determining in a public
hearing that the district should be dissolved.
(h) A dissolution takes effect three (3) months after the later of the
adoption of the ordinance under subsection (g) or the payment of the
district's debts and liabilities, including its liabilities under IC 34-13-2
and IC 34-13-3. The property owned by the district after payment of
debts and liabilities shall be disposed of in the manner chosen by the
county legislative body or county legislative bodies. Dissolution of a
district does not affect the validity of any contract to which the district
is a party.
(i) A person aggrieved by a decision made by the county legislative
body or county legislative bodies under this section may, within thirty
(30) days, appeal the decision to the circuit court for any county in
which the district is located. The appeal is instituted by giving written
notice to each county legislative body within which the district is
located and filing with the circuit court clerk a bond in the sum of five
hundred dollars ($500), with surety approved by the legislative body or
legislative bodies. The bond must provide that the appeal will be duly
prosecuted and that the appellants will pay all costs if the appeal is
decided against them. When an appeal is instituted, the county
legislative body or county legislative bodies shall file with the circuit
court clerk a transcript of all proceedings in the case, together with all
papers filed in the case. The county legislative body or county
legislative bodies may not take further action in the case until the
appeal is heard and determined. An appeal under this subsection shall
be heard by the circuit court without a jury. Change of venue from the
judge may be granted, but change of venue from the county may not be
granted.
(j) This section expires January 1, 2014.
(b) As used in this section, "volunteer fire department" has the meaning set forth in IC 36-8-12-2.
(c) The legislative body of a unit,
(1) The:
(A) purchase, construction, renovation, or addition to buildings; or
(B) purchase of land;
used by the fire department or a volunteer fire department serving the unit.
(2) The purchase of firefighting equipment for use of the fire department or a volunteer fire department serving the unit, including making the required payments under a lease rental with option to purchase agreement made to acquire the equipment.
(3) In a municipality, the purchase of police radio equipment.
(4) The:
(A) purchase, construction, renovation, or addition to a building;
(B) purchase of land; or
(C) purchase of equipment;
for use of a provider of emergency medical services under IC 16-31-5 to the unit establishing the fund.
(d) In addition to the requirements of IC 6-1.1-41, before a
cumulative fund may be established by a township fire protection
district, the county legislative body which appoints the trustees of the
fire protection district or (after December 31, 2013) the county
executive that appoints the fire trustee of the fire protection district
must approve the establishment of the fund.
(1) Fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, and real property within the boundaries of the territory.
(2) Fire prevention, including identification and elimination of all potential and actual sources of fire hazard.
(3) Other purposes or functions related to fire protection and fire prevention.
(b) Not more than one (1) unit within the proposed territory may be designated as the provider unit for the territory.
(c) The boundaries of a territory need not coincide with those of other political subdivisions.
(d) A fire protection district established under IC 36-8-11-4.5:
(1) may be a participating unit after December 31, 2013, in a fire protection territory; and
(2) is considered after December 31, 2013, to be a unit for purposes of this chapter.
(e) In the case of a fire protection district established under IC 36-8-11-4.5, the legislative body of the county in which the fire protection territory is located is considered for purposes of this chapter to be the legislative body of the fire protection district.
(1) Board of commissioners, for a county not subject to IC 36-2-3.5 or IC 36-3-1.
(2) County council, for a county subject to IC 36-2-2.5 or IC 36-2-3.5.
(3) City-county council, for a consolidated city or county having a consolidated city.
(4) Common council, for a city other than a consolidated city.
(5) Town council, for a town.
(6) Trustee and township board, for a civil or school township.
(7) Board of school trustees, board of school commissioners, or school board, for a school corporation.
(8) Board of trustees, for a health and hospital corporation.
(b) After December 31, 2012, any reference in this chapter to "township board" is considered a reference to the county fiscal body.
(c) After December 31, 2013, in a county that approves a local public question under IC 36-6-1.1:
(1) the powers and duties of a township trustee concerning parks and recreation under this chapter are transferred to the county executive;
(2) any reference in this chapter to "township trustee" or "trustee" is considered a reference to the county executive or the county executive's designee to administer this chapter; and
(3) this chapter does not apply to a township located in the county.
(b) After December 31, 2012, any reference in this chapter to "township board" is considered a reference to the county fiscal body.
(c) After December 31, 2013, in a county that approves a local public question under IC 36-6-1.1:
(1) the powers and duties of a township trustee concerning parks and recreation under this chapter are transferred to the county executive;
(2) any reference in this chapter to "township trustee" or "trustee" is considered a reference to the county executive or the county executive's designee to administer this chapter; and
(3) this chapter does not apply to a township located in the county.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 7.5. (a) After December 31, 2012,
any reference in this chapter to "township board" is considered a
reference to the county fiscal body.
(b) After December 31, 2013, in a county that approves a local
public question under IC 36-6-1.1:
(1) the powers and duties of a township trustee concerning
parks and recreation under this chapter are transferred to the
county executive;
(2) any reference in this chapter to "township trustee" or
"trustee" is considered a reference to the county executive or
the county executive's designee to administer this chapter;
(3) all responsibilities and obligations of a township
government with respect to a public library, library district,
or provision or receipt of library services by contract are
terminated, and the township government's responsibilities
and obligations are assumed by the county;
(4) the elimination of township government under IC 36-6-1.1
does not terminate a public library, library district, or
contract for provision or receipt of library services in
existence on December 31, 2013; and
(5) this chapter does not apply to a township located in the
county.
(1) One (1) member appointed as follows:
(A) By the legislative body of the township in which the library district is located. This clause expires January 1, 2013.
(B) After December 31, 2012, the member is appointed by the legislative body of the county.
(2) One (1) member appointed by the legislative body of the municipality in which the library district is located.
(b) This SECTION expires July 1, 2012.
