Bill Text: IN HB1534 | 2011 | Regular Session | Introduced
Bill Title: Township reorganization and government employees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Government and Regulatory Reform [HB1534 Detail]
Download: Indiana-2011-HB1534-Introduced.html
Citations Affected: IC 3-5; IC 3-10; IC 3-11-2-12; IC 6-1.1;
IC 12-7-2; IC 12-20; IC 12-30-4; IC 13-11-2-86; IC 13-25-6;
IC 15-16-8; IC 16-31-5-1; IC 16-41-19-7; IC 22-11-14;
IC 22-12-1-18.7; IC 23-14; IC 36-1; IC 36-2; IC 36-4-4-2; IC 36-6;
IC 36-8.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Government and Regulatory
Reform.
Digest Continued
Digest Continued
county fire department. Provides that if a township in a county not
having a consolidated city is a participating unit in a fire protection
territory as of January 1, 2015, the county shall on January 1, 2015,
assume the powers, duties, rights, responsibilities, and obligations of
the township for purposes of the fire protection territory law. Provides
that a township may not after December 31, 2011, establish a fire
protection territory without the approval of the county legislative body.
Establishes a county firefighting fund and levy. Enacts provisions
specifying county firefighting powers and duties similar to township
firefighting powers and duties. Specifies the maximum property tax
levy for a county's firefighting fund. Authorizes the department of local
government finance to adjust the maximum permissible property tax
levies of any political subdivision as necessary and proper to account
for the transfer of fire protection and emergency services powers and
duties from townships to counties. Specifies that after December 31,
2014, in each county not having a consolidated city: (1) a county
cumulative firefighting building and equipment fund is established; and
(2) each township's cumulative firefighting building and equipment
fund is abolished, and the balances in those funds are transferred to the
county's cumulative firefighting building and equipment fund.
Specifies that a township may not enter into a contract related to
township assistance or fire protection or emergency services with a
term that extends beyond December 31, 2014, unless the contract has
been approved by the county legislative body. Provides that in a county
other than Marion County, the county may not contain more than one
public safety answering point (PSAP) after December 31, 2014.
Specifies that in a county other than Marion County, PSAP operators
must adopt an interlocal agreement: (1) specifying the funding and
staffing of the PSAP that after December 31, 2014, will serve the
county; (2) providing that to the extent property taxes are used to fund
the PSAP, those property taxes shall (beginning with property taxes
first due and payable after December 31, 2014) be imposed at a
uniform rate throughout the county; and (3) specifying the protocols to
be followed by the PSAP.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) county council, for a county not having a consolidated city;
(2) city-county council, for a consolidated city or county having a consolidated city;
(3) common council, for a second or third class city;
(4) town council, for a town;
(5) township board, for a township in a county having a consolidated city;
(6) for a township in a county not having a consolidated city:
(A) the township board, before January 1, 2015; and
(B) the county fiscal body, after December 31, 2014; or
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Chapter 9. Government Employees Holding Office
Sec. 1. This chapter applies to a government employee who,
after June 30, 2012, 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
following:
(1) The elected executive 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 a 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. 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.
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.
For paper ballots, print: To vote for a person, make a voting mark (X or .) on or in the box before the person's name in the proper column. For optical scan ballots, print: To vote for a person, darken or shade in the circle, oval, or square (or draw a line to connect the arrow) that precedes the person's name in the proper column. For optical scan ballots that do not contain a candidate's name, print: To vote for a person, darken or shade in the oval that precedes the number assigned to the person's name in the proper column. For electronic voting systems, print: To vote for a person, touch the screen (or press the button) in the location indicated.
Vote for one (1) only
Representative in Congress
[] (1) AB __________
[] (2) CD __________
[] (3) EF __________
[] (4) GH __________
(b) The offices with candidates for nomination shall be placed on the primary election ballot in the following order:
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Circuit court clerk.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member. This clause does not apply to elections in 2014 and thereafter in a county not having a consolidated city.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(c) The political party offices with candidates for election shall be placed on the primary election ballot in the following order after the offices described in subsection (b):
(1) Precinct committeeman.
(2) State convention delegate.
(d) The following offices and public questions shall be placed on the primary election ballot in the following order after the offices described in subsection (c):
(1) School board offices to be elected at the primary election.
(2) Other local offices to be elected at the primary election.
(3) Local public questions.
(e) The offices and public questions described in subsection (d) shall be placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the offices described in subsection (c) in the form specified in IC 3-11-13-11 if voting is by ballot card; or
(3) either:
(A) on a separate screen for each office or public question; or
(B) after the offices described in subsection (c) in the form specified in IC 3-11-14-3.5;
if voting is by an electronic voting system.
(f) A public question shall be placed on the primary election ballot in the following form:
[] YES
[] NO
at the general election before their terms of office expire and every four
(4) years thereafter:
(1) Clerk of the circuit court.
(2) County auditor.
(3) County recorder.
(4) County treasurer.
(5) County sheriff.
(6) County coroner.
(7) County surveyor.
(8) County assessor.
(9) County commissioner.
(10) County council member.
(11) Township trustee.
(12) Township board member. This subdivision does not apply
to elections in 2014 and thereafter in a county not having a
consolidated city.
(13) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(14) Judge of a small claims court.
(15) Constable of a small claims court.
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as
required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member. This clause does not apply to
elections in 2014 and thereafter in a county not having a
consolidated city.
(D) Judge of the small claims court.
(E) Constable of the small claims court .
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
of real property occupied, by the owner.
(b) The exemption application referred to in section 3 of this chapter
is not required if the exempt property is a cemetery:
(1) described by IC 6-1.1-2-7; or
(2) maintained by a township executive or (after December 31,
2014, in a county not having a consolidated city) the county
executive under IC 23-14-68.
(c) The exemption application referred to in section 3 of this chapter
is not required if the exempt property is owned by the bureau of motor
vehicles commission established under IC 9-15-1.
(d) The exemption application referred to in section 3 or 3.5 of this
chapter is not required if:
(1) the exempt property is:
(A) tangible property used for religious purposes described in
IC 6-1.1-10-21;
(B) tangible property owned by a church or religious society
used for educational purposes described in IC 6-1.1-10-16; or
(C) other tangible property owned, occupied, and used by a
person for educational, literary, scientific, religious, or
charitable purposes described in IC 6-1.1-10-16;
(2) the exemption application referred to in section 3 or 3.5 of this
chapter was filed properly at least once for a religious use under
IC 6-1.1-10-21 or an educational, literary, scientific, religious, or
charitable use under IC 6-1.1-10-16; and
(3) the property continues to meet the requirements for an
exemption under IC 6-1.1-10-16 or IC 6-1.1-10-21.
A change in ownership of property does not terminate an exemption of
the property if after the change in ownership the property continues to
meet the requirements for an exemption under IC 6-1.1-10-16 or
IC 6-1.1-10-21. However, if title to any of the real property subject to
the exemption changes or any of the tangible property subject to the
exemption is used for a nonexempt purpose after the date of the last
properly filed exemption application, the person that obtained the
exemption or the current owner of the property shall notify the county
assessor for the county where the tangible property is located of the
change in the year that the change occurs. The notice must be in the
form prescribed by the department of local government finance. If the
county assessor discovers that title to property granted an exemption
described in IC 6-1.1-10-16 or IC 6-1.1-10-21 has changed, the county
assessor shall notify the persons entitled to a tax statement under
IC 6-1.1-22-8.1 for the property of the change in title and indicate that
the county auditor will suspend the exemption for the property until the
persons provide the county assessor with an affidavit, signed under
penalties of perjury, that identifies the new owners of the property and
indicates that the property continues to meet the requirements for an
exemption under IC 6-1.1-10-21 or IC 6-1.1-10-16. Upon receipt of the
affidavit, the county assessor shall reinstate the exemption for the years
for which the exemption was suspended and each year thereafter that
the property continues to meet the requirements for an exemption under
IC 6-1.1-10-21 or IC 6-1.1-10-16.
(1) 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.
the levy necessary to pay the following:
(1) The cost of child services (as defined in IC 12-19-7-1) of the
county payable from the family and children's fund.
(2) The cost of children's psychiatric residential treatment
services (as defined in IC 12-19-7.5-1) of the county payable from
the children's psychiatric residential treatment services fund.
A budget, tax rate, or tax levy adopted by a county fiscal body or
approved or modified by a county board of tax adjustment that is less
than the levy necessary to pay the costs described in subdivision (1) or
(2) shall not be treated as a final budget, tax rate, or tax levy under
section 11 of this chapter.
(d) This subsection applies only to a county not having a
consolidated city. This subsection applies to budgets for calendar
years after 2014 and to property taxes first due and payable after
2014. Notwithstanding any other law, in 2014 and each year
thereafter, the county fiscal body 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 for property taxes due in 2015 and thereafter 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) This subsection applies only to a county not having a
consolidated city. The county fiscal body shall in 2014 adopt the
budget for each township in the county.
(f) This subsection applies to budgets for calendar years after
2014 and to property taxes first due and payable after 2014.
Notwithstanding any other law, in 2014 and each year thereafter,
the county fiscal body shall adopt with the county budget for 2015
and thereafter:
(1) the budget to carry out the county's firefighting and
emergency services powers and duties in unincorporated
areas of the county; and
(2) the property tax levy for the county firefighting fund
under IC 6-1.1-18.5-18.5 and IC 36-8-13.7.
valorem property taxes that would be first due and payable to the
township during the ensuing calendar year under the authority of
IC 36-8-13-4. The amount of ad valorem property taxes levied by the
township under the authority of IC 36-8-13-4 shall, for purposes of the
property tax levy limits imposed under section 3 of this chapter, be
treated as if that levy were made by a separate civil taxing unit.
(b) For purposes of determining the property tax levy limit
imposed on a county under section 3 of this chapter, the county ad
valorem property tax levy for a particular calendar year does not
include the amount, if any, of ad valorem property taxes imposed
under IC 36-8-13.7-5 that would be first due and payable to the
county during the ensuing calendar year. The amount of ad
valorem property taxes levied by the county under IC 36-8-13.7-5
shall, for purposes of the property tax levy limits imposed under
section 3 of this chapter, be treated as if that levy were made by a
separate civil taxing unit.
(b) Subject to subsection (d), the maximum permissible ad valorem property tax levy for the county's firefighting fund under IC 36-8-13.7-5 for property taxes first due and payable after the powers and duties for fire protection and emergency services in unincorporated areas of the county have been transferred from townships to the county is the amount determined in STEP TWO of the following STEPS:
STEP ONE: Determine:
(A) for ad valorem property taxes first due and payable in 2015:
(i) the combined maximum ad valorem property tax levy under IC 6-1.1-18.5 of all the townships in the county for the townships' firefighting funds established under IC 36-8-13-4 for property taxes first due and payable in the preceding year; plus
(ii) the combined maximum ad valorem property tax levy for property taxes first due and payable for all fire protection territories and fire protection districts in the county that are abolished in the first year in which the county is responsible for providing fire protection and emergency services; or
(B) for ad valorem property taxes first due and payable
after 2015, the maximum permissible ad valorem property
tax levy for the county's firefighting fund determined
under this section for ad valorem property taxes first due
and payable in the immediately preceding calendar year.
STEP TWO: Multiply the amount determined in STEP ONE
by the amount determined in the last STEP of section 2(b) of
this chapter.
(c) Notwithstanding any other law, the county fiscal body shall
impose the first property tax levy for the county's firefighting fund
under IC 36-8-13.7-5 beginning with property taxes first due and
payable in 2015.
(d) Notwithstanding any other law, the department of local
government finance may adjust the maximum permissible ad
valorem property tax levy of any political subdivision as necessary
and proper to account for the transfer of fire protection and
emergency services powers and duties from townships to counties
after December 31, 2014.
(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 12-20-1.5-3.
SECTION 184, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 192.3. "Total number of households
containing township assistance recipients", for purposes of
IC 12-20-28-3 and IC 12-20-28-4, has the meaning set forth in
IC 12-20-28-3(c). IC 12-20-28-3(d).
Chapter 1.5. Township Assistance Plan
Sec. 1. This chapter does not apply to a county having a consolidated city.
Sec. 2. As used in this chapter, "board" means the county board of trustees established under IC 36-2-3.6.
Sec. 3. As used in this chapter, "plan" means a township assistance plan prepared by a board under this chapter.
Sec. 4. The board shall prepare a plan for the delivery of township assistance throughout the county.
Sec. 5. (a) In preparing a plan, the board shall:
(1) consider whether areas are overserved or underserved in the delivery of township assistance; and
(2) create uniformity in the delivery to areas in the county of township assistance services.
(b) In preparing the plan, the board shall consider the township assistance budget.
(c) The plan must meet the requirements of this chapter.
Sec. 6. The board shall adopt a resolution approving the plan and submit the resolution and the plan to the county legislative body for approval.
Sec. 7. (a) The board shall submit a resolution and plan to the county legislative body for approval under section 6 of this chapter not later than July 1, 2013.
(b) If the board fails to prepare and submit a resolution and
plan to the county legislative body by July 1, 2013, the county
legislative body shall prepare the plan.
(c) After a county legislative body receives a plan submitted
under subsection (a) or prepares a plan under subsection (b), the
county legislative body shall review the plan during at least two (2)
public meetings at which the public and any interested parties shall
have the opportunity to comment on the plan.
(d) The county legislative body shall by ordinance adopted
before January 1, 2014:
(1) approve the plan as submitted by the board under
subsection (a) or as prepared by the county legislative body
under subsection (b); or
(2) modify the plan as submitted by the board under
subsection (a) or as prepared by the county legislative body
under subsection (b), and then approve the plan.
Sec. 8. A plan adopted under this chapter must include the
following:
(1) A plan specifying any necessary requirements in the
transition to the delivery of township assistance throughout
the county.
(2) The county's procedures for application and review of
township assistance requests.
(3) The forms of township assistance relief.
(4) A description of the supervisors, investigators, assistants,
or other necessary employees that will be employed in
discharging the township trustees' duties concerning the
provision of township assistance, and a recommendation
concerning the compensation of these employees.
(5) A description of the offices that shall be maintained in the
county to carry out the trustees' duties concerning the
provision of township assistance.
(6) A description of the proposed standards under
IC 12-20-1.6 for township assistance.
(7) In the case of any service, program, limitation, power, or
duty that may under IC 12-20 be included in the plan, a
description of whether or not that service, program,
limitation, power, or duty is included in the plan.
(8) Any other provisions necessary to address the provision of
township assistance under IC 12-20.
Sec. 9. After a plan is approved by the county legislative body,
the plan and the transfer of township assistance responsibilities to
the county as provided in the plan take effect January 1, 2015.
Sec. 10. The board shall annually review a plan adopted under this chapter and may propose amendments to the plan to the county legislative body for adoption.
Chapter 1.6. Standards for Township Assistance
Sec. 1. This chapter applies only to a county not having a consolidated city.
Sec. 2. (a) Standards for the issuance of township assistance and the processing of applications apply after December 31, 2014.
(b) The standards must meet or exceed the requirements of this chapter.
(c) A county is not required to establish standards under this chapter that are uniform among the townships in the county. A county may establish different standards for each of the townships in the county.
Sec. 3. A county's standards for the issuance of township assistance and the processing of applications must be:
(1) in compliance with the requirements of this article;
(2) proposed by the board and adopted by the county legislative body;
(3) reviewed by the board and updated annually by the board and county legislative body to reflect changes in the cost of basic necessities in the county and changes in the law;
(4) published in a single written document, including addenda attached to the document; and
(5) posted in a place prominently visible to the public in all offices of a township trustee where township assistance applications are taken or processed.
Sec. 4. County standards for the administration of township assistance must establish, at a minimum, the following:
(1) Criteria for determining township assistance eligibility.
(2) Minimum requirements of trustee accessibility.
(3) Provision of township assistance in a manner that does not discriminate against applicants based on race, religion, color, sex, disability, national origin, or ancestry.
(4) Subject to subdivision (5), income standards for the county that provide for financial eligibility in an amount consistent with reasonable costs of basic necessities in the particular county.
(5) A provision specifying that a Holocaust victim's settlement
payment received by an eligible individual:
(A) must be excluded from countable assets and countable
income; and
(B) may not be considered when setting income standards.
(6) Other information as needed, including the following:
(A) Township assistance 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.
Sec. 5. (a) The board shall ensure adequate access to township
assistance services, including a published telephone number for the
township assistance offices in the name of the county.
(b) A township assistance office, if separate from the township
trustee's residence, must be designated by a clearly visible sign that
conforms to all local zoning and signage restrictions and that lists
the:
(1) township trustee's name;
(2) availability of township assistance; and
(3) township assistance office's telephone number.
Sec. 6. (a) This section does not apply to a township trustee who
has assisted fewer than fifty-one (51) households during each of the
two (2) years immediately preceding the date of the township
trustee's annual report under IC 12-20-28-4.
(b) To ensure minimum accessibility, a township trustee
operating a township assistance office in a township with a
population of at least ten thousand (10,000) shall provide scheduled
office hours for township assistance. Each office must be staffed
with an individual qualified to:
(1) determine eligibility; and
(2) issue relief sufficient to meet the township assistance needs
of the township.
(c) To meet the requirements of subsection (b), a township
trustee shall do the following:
(1) Provide township assistance office hours for at least
fourteen (14) hours per week.
(2) Provide that there is not more than one (1) weekday on
which the township assistance office is closed between the
days the township assistance office is open.
(3) Provide for after hours access to the township assistance
office by use of an answering machine or a service:
(A) capable of taking messages; and
(B) programmed to provide information about township
assistance office hours.
(4) Respond to a telephone inquiry for township assistance
services not more than twenty-four (24) hours, excluding
Saturdays, Sundays, and legal holidays, after receiving the
inquiry.
(5) Post township assistance office hours and telephone
numbers at the entrance to each township assistance office.
Sec. 7. County standards for the administration of township
assistance must include all applicable standards governing the
provision of basic necessities, including maximum amounts, special
conditions, or other limitations on eligibility, if any have been
established for one (1) or more basic necessities.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. A suit or proceeding in favor of or against a township trustee or board concerning township assistance shall be conducted in favor of or against the county in the county'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, 2014. This
subsection applies only to a county not having a consolidated city.
The board, subject to the approval of the county fiscal body:
(1) shall employ supervisors, investigators, assistants, or other
necessary employees in discharging the township trustee's
duties concerning the provision of township assistance; and
(2) may establish offices in the county for the provision of
township assistance;
in accordance with the county plan.
(b) The pay of township assistance supervisors, investigators, assistants, and other necessary employees shall be fixed by the township trustee subject only to the total budgetary appropriation for personnel services for the administration of township assistance approved by the township board. After December 31, 2014, in a county not having a consolidated city, the pay of township assistance employees shall be fixed in the manner provided by law for other county salaries.
(c) A township assistance supervisor, investigator, assistant, or other necessary employee who uses an automobile in the performance of the employee's work is entitled to the same mileage paid to state officers and employees. After December 31, 2014, in a county not having a consolidated city, a township assistance employee of a county is entitled to a sum for mileage at a rate determined by the county fiscal body.
one (1) additional supervisor for each twelve (12) township assistance
investigators or major fraction of that number. After December 31,
2014, in a county not having a consolidated city, if there are more
than four (4) township assistance investigators, the board may, if
provided by the county plan, employ one (1) additional supervisor
for each twelve (12) township assistance investigators or major
fraction of that number.
(b) The pay for supervisors of township assistance investigators
shall be fixed in the manner provided by law for other township
salaries. After December 31, 2014, in a county not having a
consolidated city, the pay of township assistance investigators shall
be fixed in the manner provided by law for other county salaries.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. A county may employ an investigator to investigate township assistance applicants and recipients in two (2) or more townships in the county.
(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. After December 31, 2014, in a county not having a consolidated city, the pay of a township assistance supervisor, investigator, assistant, or other necessary employee shall be fixed in the manner provided by law for other county salaries 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) After December 31, 2014, this subsection applies only to a
county having a consolidated city. 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) After December 31, 2014, in a county not having a
consolidated city, the board may appoint a chief deputy of a
township having a population of at least ten thousand (10,000) if
provided for in the county plan. A chief deputy may be paid from
any county funds.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. The board may, if permitted by the county plan, and with the approval of the county fiscal body, employ personnel to supervise rehabilitation, training, retraining, and work programs as provided in IC 12-20-13.
Chapter 5.1. Powers and Duties of Township Trustee in Counties Other Than Marion County
Sec. 1. This chapter applies after December 31, 2014. This chapter applies only to a county not having a consolidated city.
Sec. 2. (a) The township trustee is the executive and
administrative officer for township assistance in the trustee's
township.
(b) The board is the chief executive and administrative body for
township assistance in the county.
Sec. 3. A township trustee shall perform all duties with
reference to the poor of the trustee's township as prescribed by law
and in accordance with the county plan. A township trustee shall
perform the following duties and responsibilities with respect to
the trustee's township, subject to the supervision of the board:
(1) Administer township assistance within the standards
adopted under IC 12-20-1.6, 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) Manage staff.
(3) Operate township assistance offices.
(4) Complete and submit to the board the annual township
assistance statistical report under IC 12-20-28 and maintain
data on township assistance.
(5) If provided for in the county plan, conduct rehabilitation,
training, and work programs.
(6) Manage contracts with human service providers.
Sec. 4. A township trustee is entitled to the annual salary fixed
by the county fiscal body in the same manner that salaries are fixed
for other county officers and employees.
Sec. 5. The annual appropriations to a township trustee for the
expenses of renting an office and telephone expenses must, as
nearly as is possible, be equal to the actual cost of those items. If
the township trustee uses a part of the trustee's residence for an
office, the county fiscal body shall appropriate a reasonable sum
for that office space.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 0.5. (a) As used in this
section, "member of the applicant's household" includes any person
who lives in the same residence as the applicant.
(b) The township 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) After December 31, 2014, this subsection applies only to a
county having a consolidated city. 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).
(d) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
A county plan may provide that 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).
(d) (e) A township trustee shall not extend aid to an applicant or to
a member of an applicant's household if the applicant or the member
of the applicant's household has been convicted of an offense under
IC 35-43-5-7 or IC 35-43-5-7.1 as follows:
(1) If the conviction is a misdemeanor, a township 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 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) or
IC 12-20-16-3(b) must comply with IC 12-20-16-3(d).
IC 12-20-16-3(h).
(d) The township 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 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.
(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) After December 31, 2014, this subsection applies only to a county having a consolidated city. If a township trustee finds that an individual has obtained township assistance from any township by means of conduct described in IC 35-43-5-7, the township 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.
(c) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. If a township trustee finds that an individual has obtained township assistance from any township by means of conduct described in IC 35-43-5-7, the township trustee may, if provided for in the county plan, refuse to extend aid to or for the benefit of the individual for sixty (60) days after the later of the following:
(1) The date of the improper conduct.
(2) The date aid was last extended to the individual based on
the improper conduct.
(1) a township 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 township 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 applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. Notwithstanding any other provision of this article:
(1) a township 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 county, if provided for 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.
(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:
(A) the board of commissioners, in the case of a county having a consolidated city; or
(B) in the case of a county not having a consolidated city:
(i) before January 1, 2015, the board of commissioners; or
(ii) after December 31, 2014, the circuit court having
jurisdiction in the county.
(2) Include in the notice required under subdivision (1) 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:
(i) board of commissioners, in the case of a county having
a consolidated city; or
(ii) in the case of a county not having a consolidated city,
(before January 1, 2015) the board of commissioners,
and (after December 31, 2014) the circuit court having
jurisdiction in the county.
(E) After December 31, 2014, in a county not having a
consolidated city, 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
guidelines.
(b) If an applicant who applies for township assistance or a member of the applicant's household has a relative living in the township 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 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) After December 31, 2014, this subsection applies only to a
county having a consolidated city. 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 may file
a lien against the relative's real property for the amount of township
shelter assistance granted.
(e) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
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 may, if authorized by the county
plan, file a lien against the relative's real property for the amount
of township shelter assistance granted.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. The township trustee shall use the information received under section 2 of this chapter to assist in reducing fraud and abuse in aid programs administered by the board.
(1) The administration of the
(2) The administration of public assistance programs that are administered by the division of family resources and county offices.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. If provided for in the county plan, the township trustee may deny township assistance to an individual if the township trustee determines that the individual does not intend to make the township or county the individual's sole place of residence.
(d) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. If provided for in the county plan, 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.
(1) who:
(A) applies to the township trustee, as administrator of township assistance, for assistance or is in need of assistance; or
(B) obtains free medical aid, hospitalization, public institutional care, or assistance in any part at public expense; and
(2) who does not have legal residence in the township;
may be returned by the township trustee, as administrator of township assistance, to the individual's place of legal residence if that place can
be determined.
(b) After December 31, 2014, in a county not having a
consolidated city, the township trustee may return an individual
described in subsection (a) to the individual's place of legal
residence if:
(1) the individual's place of legal residence can be determined;
and
(2) doing so is provided for in the county plan.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. If an individual or a member of an individual's household who is determined to be eligible for township assistance and entitled to temporary relief is in a township in which the individual or household member does not have legal residence, the township trustee as administrator of township assistance may place the individual or household member temporarily in a county home as provided in IC 12-20-17-4, if:
(1) the trustee considers the temporary placement advisable;
(2) the temporary placement is provided for in the county plan; and
(3) the temporary placement is approved by the county board.
(b) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
If a township assistance applicant or a member of the applicant's
household claims an inability to work due to health, the township
trustee, if permitted by the county plan, may require and provide
for any medical examination necessary for the township trustee to
determine whether the applicant or household member is able to
perform work.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. The township trustee, if permitted by the county plan, may call upon residents of the township to aid in finding employment for a township assistance applicant who is able to work.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. If permitted by the county plan, the township trustee may require the recipient to perform work for nonprofit human services agencies located within the county or an adjoining township in another county unless the recipient attends courses under section 3 of this chapter.
(d) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. The township trustee shall determine a township assistance applicant's suitability to perform available work under this section.
If permitted by the county plan, the township trustee may provide
for medical examinations necessary to make the determination.
(c) (e) A township assistance recipient shall perform an amount of
work that equals the value of assistance received by the township
assistance recipient or the recipient's household. The township
assistance recipient shall work off the assistance at a rate not less than
the federal minimum wage.
(d) (f) The nonprofit agency for which work is performed under this
section shall furnish the necessary tools, materials, or transportation,
unless the trustee agrees in writing to furnish the necessary tools,
materials, or transportation to and from the work site from the trustee's
office.
(e) (g) Supervision of the work of a township assistance recipient
under this section is the responsibility of the nonprofit agency for
which the work is performed.
(f) (h) The township trustee shall ensure that a township assistance
recipient performing work under this section is covered by adequate
liability insurance for injuries or damages suffered by or caused by the
township assistance recipient.
(g) (i) A township assistance recipient may not be assigned to work
that would result in the displacement of employees of the nonprofit
agency or in the reduction of hours worked by those employees.
(b) After December 31, 2014, this subsection applies only to a county having a consolidated city. The township trustee may reimburse a township assistance recipient for tuition expenses incurred in attending the courses described in subsection (a) if the recipient:
(1) has a proven aptitude for the courses being studied;
(2) was referred by the trustee;
(3) does not qualify for other tax supported educational programs;
(4) maintains a passing grade in each course; and
(5) maintains the minimum attendance requirements specified by the educational institution.
(c) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city.
If permitted by the county plan, the township trustee may
reimburse a township assistance recipient for tuition expenses
incurred in attending the courses described in subsection (a) if the
recipient:
(1) has a proven aptitude for the courses being studied;
(2) was referred by the trustee;
(3) does not qualify for other tax supported educational
programs;
(4) maintains a passing grade in each course; and
(5) maintains the minimum attendance requirements specified
by the educational institution.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. If permitted by the county plan, the township trustee may do the following:
(1) The trustee may require a township assistance applicant or an adult member of the applicant's household to satisfy all obligations to perform work incurred in another township before additional township assistance is granted.
(2) In case of an emergency, the trustee may temporarily waive the work obligation incurred from another township and provide temporary assistance to an applicant or a household in order to relieve need or immediate suffering.
(d) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city.
If permitted by the county plan, the township trustee may request
from another township trustee documentation necessary to
confirm that a township assistance applicant or an adult member
of the applicant's household performed or did not perform work in
another township.
(1) federal, state, or local governmental entity; or
(2) nonprofit agency.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. As a condition of continuing eligibility, a township trustee, if permitted by the county plan, may require a recipient of township assistance or any member of a recipient's household to participate in an appropriate work training program that is offered to the recipient or a member of the recipient's household within the county or an adjoining township in another county by a:
(1) federal, state, or local governmental entity; or
(2) nonprofit agency.
(1) Conduct the following for township assistance recipients in the township:
(A) Rehabilitation programs.
(B) Training programs.
(C) Retraining programs.
(D) Work programs.
(2) Employ personnel to supervise the programs.
(3) Pay the costs of the programs from township assistance money.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city.
If permitted by the county plan, a township trustee may conduct
the following for township assistance recipients in the township:
(1) Rehabilitation programs.
(2) Training programs.
(3) Retraining programs.
(4) Work programs.
The board may employ personnel to supervise the programs and
pay the costs of the programs from township assistance funds.
(b) An appropriation may not be made or approved unless a sufficient amount of money to cover the proposed expenditure is included in the annual township assistance budget.
Chapter 15.1. Appeal of Denial or Reduction in Amount of Township Assistance in Counties Other Than Marion County
Sec. 1. This chapter applies after December 31, 2014. This chapter applies only to a county not having a consolidated city.
Sec. 2. If an applicant for or recipient of township assistance is not satisfied with the decision of the township trustee concerning the township assistance, the applicant or recipient may appeal to the circuit court in the county.
Sec. 3. In hearing an appeal under section 2 of this chatper, the court is governed by the county's standards for determining eligibility for granting township assistance in the county adopted under IC 12-20-1.6. If legally sufficient standards have not been established, the court is guided by the circumstances of the case.
(1) Promptly provide medical assistance for poor individuals in the township who are not provided for in public institutions.
(2) See that medicines, medical supplies, special diets, or tests prescribed by a physician or surgeon in attendance upon poor individuals in the township are properly furnished.
(b) Except as provided in subsections (c) and (d), a township trustee may not provide to an individual medical assistance under the township assistance program if the individual could qualify for medical assistance for the same service under:
(1) IC 12-16;
(2) Medicaid;
(3) other governmental medical programs; or
(4) private health insurance that would cover the individual at the time the assistance was provided. However, if the individual's insurance does not pay for the medical assistance due to a policy deductible or other policy limitation, the township trustee shall pay for medical assistance that the trustee would provide if the individual did not have insurance.
(c)
(d) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. If permitted by the county plan, a township trustee may provide interim medical services during the period that the individual has an application pending for medical assistance under Medicaid (IC 12-15) or another governmental medical program if the individual is reasonably complying with all requirements of the application process.
(1) Prescription drugs, not to exceed a thirty (30) day supply at a time, as prescribed by an attending practitioner (as defined in IC 16-42-19-5) other than a veterinarian. However, if the prescription drugs are available only in a container that contains more than a thirty (30) day supply, the township trustee may pay for the available size.
(2) Office calls to a physician licensed under IC 25-22.5 or
another medical provider.
(3) Dental care needed to relieve pain or infection or to repair
cavities.
(4) Repair or replacement of dentures.
(5) Emergency room treatment that is of an emergency nature.
(6) Preoperation testing prescribed by an attending physician
licensed under IC 25-22.5.
(7) Over-the-counter drugs prescribed by a practitioner (as
defined in IC 16-42-19-5) other than a veterinarian.
(8) X-rays and laboratory testing as prescribed by an attending
physician licensed under IC 25-22.5.
(9) Visits to a medical specialist when referred by an attending
physician licensed under IC 25-22.5.
(10) Physical therapy prescribed by an attending physician
licensed under IC 25-22.5.
(11) Eyeglasses.
(12) Repair or replacement of a prosthesis not provided for by
other tax supported state or federal programs.
(13) Insulin and items needed to administer the biological, not to
exceed a thirty (30) day supply at a time, in accordance with
section 14 of this chapter. However, if the biologicals are
available only in a container that contains more than a thirty (30)
day supply, the township trustee may pay for the available size.
(d) (f) After December 31, 2014, this subsection applies only to
a county having a consolidated city. The township trustee may
establish a list of approved medical providers to provide medical
services to the poor of the township. Any medical provider who:
(1) can provide the particular medical services within the scope
of the provider's license issued under IC 25; and
(2) is willing to provide the medical services for the charges
established by the township trustee;
is entitled to be included on the list.
(g) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
If permitted by the county plan, the township trustee may establish
a list of approved medical providers to provide medical services to
the poor of the township. Any medical provider who:
(1) can provide the particular medical services within the
scope of the provider's license issued under IC 25; and
(2) is willing to provide the medical services for the charges
established by the board of trustees established under
IC 36-2-3.6;
is entitled to be included on the list.
(e) (h) Unless prohibited by federal law, a township trustee who:
(1) provides to an individual medical assistance that is eligible for
payment under any medical program described in subsection (b)
for which payments are administered by an agency of the state
during the pendency of the individual's successful application for
the program; and
(2) submits a timely and proper claim to the agency;
is eligible for reimbursement by the agency to the same extent as any
medical provider.
(f) (i) If a township trustee provides medical assistance for medical
services provided to an individual who is subsequently determined to
be eligible for Medicaid:
(1) the township trustee shall notify the medical provider that
provided the medical services of the individual's eligibility; and
(2) not later than thirty (30) days after the medical provider
receives the notice under subdivision (1), the medical provider
shall file a claim for reimbursement with the office.
(g) (j) A medical provider that is reimbursed under subsection (f) (i)
shall, not later than thirty (30) days after receiving the reimbursement,
pay to the township trustee the lesser of:
(1) the amount of medical assistance received from the trustee to
an individual; or
(2) the amount reimbursed by Medicaid to the medical provider.
(1) Water services.
(2) Gas services.
(3) Electric services.
(4) Fuel oil services for fuel oil used for heating or cooking.
(5) Coal, wood, or liquid propane used for heating or cooking.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. The township trustee may, if permitted by the county plan, in cases of necessity, authorize the payment from township assistance money for essential utility services, including the following:
(1) Water services.
(2) Gas services.
(3) Electric services.
(4) Fuel oil services for fuel oil used for heating or cooking.
(5) Coal, wood, or liquid propane used for heating or cooking.
(d) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. If permitted by the county plan, the township trustee may authorize the payment of delinquent bills for the services listed in subsection (b)(1) through (b)(5) when necessary to prevent the termination of the services or to restore terminated service if the delinquency has lasted not longer than twenty-four (24) months. The county plan may provide that the township trustee has no obligation to pay a delinquent bill for the services or materials listed in subsection (b)(1) through (b)(5) if the delinquency has lasted longer than twenty-four (24) months.
(1) that is not properly charged to:
(A) an adult member of a household;
(B) an emancipated minor who is head of the household; or
(C) a landlord or former member of the household if the applicant proves that the applicant:
(i) received the services as a tenant residing at the service address at the time the cost was incurred; and
(ii) is responsible for payment of the bill;
(2) received as a result of a fraudulent act by any adult member of a household requesting township assistance; or
(3) that includes the use of township assistance funds for the payment of:
(A) a security deposit; or
(B) damages caused by a township assistance applicant to utility company property.
(f) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. The township trustee is not required to pay for any utility service:
(1) that is not properly charged to:
(A) an adult member of a household;
(B) an emancipated minor who is head of the household; or
(C) a landlord or former member of the household if the applicant proves that the applicant:
(i) received the services as a tenant residing at the service address at the time the cost was incurred; and
(ii) is responsible for payment of the bill;
(2) received as a result of a fraudulent act by any adult member of a household requesting township assistance; or
(3) that includes the use of township assistance funds for the payment of:
(A) a security deposit; or
(B) damages caused by a township assistance applicant to utility company property.
(1) Evidence of application for assistance for heating fuel or electric services from the lieutenant governor.
(2) The amount of assistance received or the reason for denial of assistance.
Except as provided in subsections (i) and (j), the township trustee shall inform an applicant for assistance for heating fuel or electric services that assistance for heating fuel and electric services may be available from the lieutenant governor under IC 4-4-33 and that the township trustee may not provide assistance to make any part of a payment for those services for more than thirty (30) days unless the individual files an application for assistance for heating fuel or electric services under IC 4-4-33.
(i)
household is eligible under criteria established by the lieutenant
governor for energy assistance under IC 4-4-33, the trustee may certify
the applicant as eligible for that assistance by completing an
application form prescribed by the state board of accounts and
forwarding the eligibility certificate to the lieutenant governor within
the period established for the acceptance of applications. If the trustee
follows this certification procedure, no other application is required for
assistance under IC 4-4-33.
(j) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
If the applicant household is eligible under criteria established by
the lieutenant governor for energy assistance under IC 4-4-33, the
trustee may, if permitted by the county plan, certify the applicant
as eligible for that assistance by completing an application form
prescribed by the state board of accounts and forwarding the
eligibility certificate to the lieutenant governor within the period
established for the acceptance of applications. If the trustee follows
this certification procedure, no other application is required for
assistance under IC 4-4-33.
(f) (k) If an individual or a member of an individual's household has
received assistance under subsection (b), subsection (c) or (d), the
individual must, before the individual or the member of the individual's
household may receive further assistance under subsection (b),
subsection (c) or (d), certify whether the individual's or household's
income, resources, or household size has changed since the individual
filed the most recent application for township assistance. If the
individual or a member of the individual's household certifies that the
income, resources, or household size has changed, the township trustee
shall review the individual's or household's eligibility and may do the
following:
(1) After December 31, 2014, this subdivision applies only to
a county having a consolidated city. The trustee may make any
necessary adjustments in the level of assistance provided to the
individual or to a member of the individual's household.
(2) This subdivision applies after December 31, 2014. This
subdivision applies only to a county not having a consolidated
city. If permitted by the county plan, the trustee may make
any necessary adjustments in the level of assistance provided
to the individual or to a member of the individual's household.
applies only to a county having a consolidated city. An applicant or
a household that receives food relief in any township having a
population of more than ten thousand (10,000) may request the
township trustee as administrator of township assistance to issue a food
order upon any eligible market, and the township trustee as
administrator of township assistance shall abide by that request.
(b) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
An applicant or a household that receives food relief in a county
having a population of more than ten thousand (10,000) may
request the township trustee to issue a food order upon any eligible
market, and the township trustee shall abide by that request.
(b) (c) After December 31, 2014, this subsection applies only to
a county having a consolidated city. The amount of a food order for
various sized households that are determined by the township trustee
to be eligible for township assistance shall be based upon uniform
monthly amounts specified in the township's township assistance
standards. However, an additional amount of food may be ordered for
special health reasons as prescribed by a physician. A supplemental
food order may be issued because of the loss of the recipient's food by:
(1) fire, flood, or other natural disaster;
(2) burglary or other criminal act; or
(3) the unpreventable spoilage of food.
(d) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
The amount of a food order for various sized households that are
determined by the township trustee, if provided for in the county
plan, to be eligible for township assistance must be based upon
uniform monthly amounts specified in the township assistance
standards. However, if provided for in the county plan, an
additional amount of food may be ordered for special health
reasons as prescribed by a physician. If provided for in the county
plan, a supplemental food order may be issued because of the loss
of the recipient's food by:
(1) fire, flood, or other natural disaster;
(2) burglary or other criminal act; or
(3) the unpreventable spoilage of food.
(c) (e) After December 31, 2014, this subsection applies only to
a county having a consolidated city. The township trustee may issue
a food order to an eligible applicant on either a daily, weekly, or
monthly basis.
(f) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
If provided for in the county plan, the township trustee may issue
a food order to an eligible applicant on a daily, weekly, or monthly
basis.
(b) Except as provided in subsection (c), a township trustee as administrator of township assistance, may purchase food for an eligible food stamp applicant or household only under any of the following conditions:
(1) During the interim period beginning when an applicant or a household is awaiting a determination of eligibility from the food stamp office and ending not more than five (5) days after the day the applicant or household becomes eligible to participate in the federal food stamp program.
(2) Upon the verified loss of the household's food stamps or food supply by:
(A) fire or other natural disaster; or
(B) burglary or other criminal act, if the requesting applicant or household files a report with the appropriate law enforcement agency.
(3) Upon the loss of the applicant's or household's food supply through spoilage.
(4) Upon a written statement from a physician indicating that at least one (1) member of the household needs a special diet, the cost of which is greater than can be purchased with the household's allotment of food stamps.
(5) If the township trustee
(A) is in need of supplementary food assistance; and
(B) has participated in the federal food stamp program to the fullest extent allowable under federal and state law;
and supplementary food assistance is required by the circumstances of the particular case.
(c) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. A township trustee may purchase food for an eligible food stamp
applicant or household only if the county plan incorporates the
conditions set forth in subsection (b).
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. If permitted by the county plan, the township trustee may purchase feed for a minimum amount of subsistence livestock if the cost is less than the cost of food that is otherwise necessary for the township trustee to furnish under this chapter.
(b) If:
(1) an individual dies in a township without leaving:
(A) money;
(B) real or personal property;
(C) other assets that may be liquidated; or
(D) other means necessary to defray funeral expenses; and
(2) the individual is not a resident of another township in Indiana;
the township trustee, as administrator of township assistance, shall provide a person to superintend and authorize either the funeral and burial or cremation of the deceased individual. If the township trustee determines that the deceased individual is a resident of another township in Indiana, the township trustee shall notify the trustee of that township, who shall then provide a person to superintend and authorize either the funeral and burial or cremation of the deceased individual.
(c) The necessary and reasonable expenses of the funeral and burial or cremation, including a burial plot, shall be paid in the same manner as other claims for township assistance. A trustee shall determine the cost for the items and services required by law for the funeral and burial of an individual, including a burial plot, and for the cremation of an individual, and include in the township's township assistance standards the maximum funeral and burial or cremation amount to be
paid from township assistance funds.
The (d) After December 31, 2014, this subsection applies only to
a county having a consolidated city. A trustee may deduct from the
maximum amount the following:
(1) Any monetary benefits that the deceased individual is entitled
to receive from a state or federal program.
(2) Any money that another person provides on behalf of the
deceased individual.
(e) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
If permitted by the county plan, a trustee may deduct from the
maximum amount the following:
(1) Any monetary benefits that the deceased individual is
entitled to receive from a state or federal program.
(2) Any money that another person provides on behalf of the
deceased individual.
(d) (f) If an individual described in subsection (b) is a resident of a
state institution at the time of the individual's death, the division that
has administrative control of the state institution shall reimburse the
township trustee for the necessary and reasonable expenses of the
funeral and burial or cremation of the deceased individual. The
township trustee shall submit to the division that has administrative
control of the state institution an itemized claim for reimbursement of
the necessary and reasonable funeral and burial or cremation expenses
incurred by the township trustee.
(e) (g) If an individual described in subsection (b) is a resident of a
special institution governed by IC 16-33 at the time of the individual's
death, the state department of health shall reimburse the township
trustee for the necessary and reasonable expenses of the funeral and
burial or cremation of the deceased individual. The township trustee
shall submit to the state department of health an itemized claim for
reimbursement of the necessary and reasonable funeral and burial or
cremation expenses incurred by the township trustee.
(f) (h) A township trustee who provides funeral and burial or
cremation benefits to a deceased individual is entitled to a first priority
claim, to the extent of the cost of the funeral and burial or cremation
benefits paid by the township trustee, against any money or other
personal property held by the coroner under IC 36-2-14-11.
(g) (i) The township trustee may not cremate a deceased individual
if:
(1) the deceased individual; or
(2) a surviving family member of the deceased individual;
has objected in writing to cremation.
(b) A township trustee, as administrator of township assistance, may process, at the expense of the county, materials provided by charitable or governmental agencies to provide any item of township assistance if:
(1) the processing is permitted by the county plan; and
(2) the expense of the processing is less than the cost of the finished product.
(c) A township trustee, as administrator of township assistance, may:
(1) buy materials and supplies of any item of relief; and
(2) process the materials for township assistance purposes;
if authorized by the county plan.
(d) A township trustee, as administrator of township assistance, may buy garden seeds and plant and maintain gardens for township assistance purposes if permitted by the county plan.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14. (a) Except as
provided in subsection (b), the township trustee is authorized to
provide insulin to individuals who are in need of insulin treatment and
who are financially unable to purchase the insulin, upon application of
a physician licensed under IC 25-22.5 or an advanced practice nurse
who is licensed under IC 25-23 and who meets the requirements of
IC 25-23-1-11 and IC 25-23-1-19.5. However, an application submitted
by a physician or an advanced practice nurse under this section must
meet the requirements of IC 16-41-19-4.
(b) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
In addition to the requirements of subsection (a), a township
trustee may provide insulin only if:
(1) the requirements of subsection (a) are met; and
(2) the county plan authorizes the township trustee to provide
insulin.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. The board, upon the recommendation of the township trustee and with the approval of the board of commissioners of the county, may place indigent individuals in the county home in accordance with IC 12-30-4.
(1) mobile homes;
(2) group homes;
(3) single household units;
(4) multiple household units;
(5) apartments; or
(6) any other dwelling;
inhabited by a township assistance recipient. However, after December 31, 2014, in a county not having a consolidated city, a township trustee may employ the services of a housing inspector under this subsection only if authorized by the county plan.
(b) A township trustee may contract with a local housing authority:
(1) for housing inspection services; and
(2) to train a township housing inspector.
However, after December 31, 2014, in a county not having a consolidated city, a township trustee may contract with a local housing authority under this subsection only if authorized by the county plan. Costs of these contractual services shall be paid from the township assistance fund.
(c) A township housing inspector shall use the following for determining a housing structure's suitability for habitation:
(1) Standards recommended by the United States Department of Housing and Urban Development as used by local housing authorities.
(2) Local building codes and municipal ordinances.
(d) Substandard housing that does not meet minimum standards of health, safety, and construction is not eligible for:
(1) the maximum level of shelter payments; or
(2) damage or security deposits paid from or encumbered by township funds.
(e) If the trustee determines that a housing unit for which payment is requested is substantially below minimum standards of health, safety, or construction, the trustee, when necessary, shall assist the applicant in obtaining appropriate alternate shelter.
(f) After December 31, 2014, this subsection does not apply to a county not having a consolidated city unless this subsection is incorporated into the county plan. A township trustee is not required to spend township assistance funds for a shelter damage or security deposit for an eligible township assistance applicant or household. However, the trustee may encumber money for a shelter damage or security deposit by making an agreement with a property owner who furnishes shelter for a township assistance recipient or household. The agreement must include the following:
(1) The agreement's duration, not to exceed one hundred eighty (180) days.
(2) A statement that the agreement may be renewed if both parties agree.
(3) The total value of the encumbered money, not to exceed the value of one (1) month's rental payment.
(4) A statement signed by both the trustee and the property owner attesting to the condition of the property at the time the agreement is made.
(5) A statement that encumbered money may be used to pay the cost of:
(A) verified damages, normal wear excluded, caused by the tenant township assistance recipient during the duration of the agreement; and
(B) any unpaid rental payments for which the tenant township assistance recipient is obligated.
(6) A statement that the total amount to be paid from the encumbered money may not exceed one (1) month's rental payment for the unit in question.
(g) After December 31, 2014, this subsection does not apply to a county not having a consolidated city unless this subsection is incorporated into the county plan. A trustee is not required to provide shelter assistance to an otherwise eligible individual if the:
(1) individual's most recent residence was provided by the individual's parent, guardian, or foster parent; and
(2) individual, without just cause, leaves that residence for the shelter for which the individual seeks assistance.
(1) establish one (1) or more household shelter units; and
(2) pay a pro rata share of all administrative and other costs incidental to the maintenance and operation of each shelter unit established in subdivision (1).
IC 36-1-7-1 through IC 36-1-7-4 apply to a township electing to combine its resources with other townships under this subsection.
(1) under the influence of drugs or alcohol; or
(2) incapable of self-care.
The township trustee may at no cost to the township refer an individual described in this subsection to an appropriate agency or facility located in the county or in an adjoining county that has a program or charter specifically addressing the problems of substance abuse, mental illness, or self-care.
(1) enter into a contract with; or
(2) pay shelter costs to;
a shelter that is supported by federal or state funds.
(b) As used in this section, "shelter" means a facility that provides temporary emergency assistance.
(c) A township trustee may establish, purchase, acquire, maintain, or operate a shelter for eligible township assistance households needing temporary housing assistance, if authorized by the county plan and approved by the county executive.
(d) In a county where the implementation of this section can be more efficiently and expeditiously handled in units larger than a single township, a township trustee may combine resources with other townships within a county to establish one (1) or more household shelter units, if authorized by the county plan.
(e) A township trustee is not required to provide assistance to an individual who at the time assistance is requested is:
(1) under the influence of drugs or alcohol; or
(2) incapable of self-care.
The township trustee may, if authorized by the county plan, refer an individual described in this subsection to an appropriate agency or facility located in the county or in an adjoining county that has a program or charter specifically addressing the problems of substance abuse, mental illness, or self-care.
(f) A township trustee may, if authorized by the county plan, contract with a private agency offering a shelter program in order to comply with this section if the applicant or the applicant's household is not mandated by the private agency to participate, as a condition of eligibility, in religious services.
(g) A township trustee is not obligated to:
(1) enter into a contract with; or
(2) pay shelter costs to;
a shelter that is supported by federal or state funds.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. If an individual who is determined to be eligible for township assistance and entitled to temporary relief is in a township in which the individual does not have legal residence, the township trustee, may, if:
(1) the trustee considers the temporary placement advisable;
(2) the temporary placement is provided for in the county plan; and
(3) the temporary placement is approved by the county board;
place the individual temporarily in the county home, if any, where the individual, if capable, is to be employed.
(b) This subsection applies after December 31, 2014, only in a county not having a consolidated city. If permitted by the county plan, a township trustee may cooperate with the state and federal governments in the furnishing of township assistance so that the
township assistance is furnished adequately and economically.
(b) (c) A township trustee as administrator of township assistance,
shall provide facilities for relief headquarters and storage and
transportation of commodities for township assistance purposes as are
demanded, but such cooperation shall be confined to that reasonably
required under the purposes of this article.
(b) Except as provided in subsection (c), a township trustee, as administrator of township assistance:
(1) may establish the trustee's own distribution plan; or
(2) shall participate jointly with at least one (1) other township trustee who serves as administrator of township assistance.
(c) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. If permitted by the county plan, a township trustee may establish the trustee's own distribution plan. If a distribution plan is not established by the trustee, the trustee shall participate jointly in a distribution plan with at least one (1) other township trustee.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. If permitted by the county plan, a township trustee may participate in and cooperate in the establishment and use of federal surplus commodities food, cotton, or other stamp plans created by a governmental agency of the United States in the purchase of food,
clothing, or other township assistance supplies.
(b) (c) After December 31, 2014, this subsection applies only to
a county having a consolidated city. If a township trustee's
cooperation and participation in federal surplus commodities or stamp
programs can be more efficiently and expeditiously handled in a larger
unit than a single township, a group of township trustees, as
administrators of township assistance, may do the following:
(1) Establish a single stamp issuing agency.
(2) Appoint and designate an issuing agent to issue stamps to
recipients entitled to participate in the programs.
(3) Pay each township's pro rata share of all administrative and
other costs incident to the maintenance and operation of the
issuing office.
(d) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
If a township trustee's cooperation and participation in federal
surplus commodities or stamp programs can be more efficiently
and expeditiously administered for a unit larger than a single
township, the county plan may provide that the county:
(1) establish a single stamp issuing agency;
(2) appoint and designate an issuing agent to issue stamps to
recipients entitled to participate in the programs; and
(3) pay all administrative and other costs incident to the
maintenance and operation of the issuing office.
(1) a township trustee; or
(2) after December 31, 2014, the board of a county not having a consolidated city;
must take an oath for the faithful performance of the duties of the issuing officer's office.
(b) The issuing officer must furnish a bond:
(1) payable to the state; and
(2) conditioned upon the faithful performance of the issuing officer's duties and accurate accounting of all money in the issuing officer's possession.
(c) The bond required by subsection (b) must be in a penal sum of not less than the total amount of the revolving money coming into the issuing officer's possession from:
(1) all trustees; or
(2) after December 31, 2014, the county, in the case of a county not having a consolidated city.
(d) The cost of the bond required by subsection (b) shall be paid by county warrant and charged by the county auditor pro rata against:
(1) the township assistance accounts of the townships participating in the establishment of the revolving or other fund; or
(2) after December 31, 2014, the township assistance account of the county, in the case of a county not having a consolidated city;
for the purposes set forth in this chapter.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. The trustees participating in or cooperating with programs under this chapter may issue to eligible recipients orders or stamps for food, clothing, or other items covered under the federal plan and in accordance with the county plan.
trustee, as administrator of township assistance, grants township
assistance to an indigent individual or to any other person or agency on
a township assistance order as provided by law or obligates the
township for an item properly payable from township assistance
money, the claim against the township must be:
(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, 2014, this subsection applies only to a
county having a consolidated city. 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, 2014. This
subsection applies only to a county not having a consolidated city.
A township 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.
This subsection expires January 1, 2015.
(c) This subsection does not apply to a county having a
consolidated city. After December 31, 2014, the board of
commissioners may borrow money or otherwise provide the money
for the payment of township assistance claims under section 1 of
this chapter. If the board of commissioners decides 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 the board of commissioners to borrow or
otherwise provide the money, after deciding 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) (d) 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.
(b) Township assistance money raised by townships may not be
commingled.
(b) The county shall establish a township assistance fund not later than January 1, 2015.
(c) The fund shall be raised by a tax levy that:
(1) is in addition to all other tax levies authorized; and
(2) shall be levied annually for property taxes first due and payable in 2015 and thereafter 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.
(d) The tax imposed under this section shall be collected as other state and county ad valorem taxes are collected.
(e) The following shall be paid into the fund:
(1) All receipts from the tax imposed under this section.
(2) Any other money required by law to be placed in the fund.
(f) The fund is available 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.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.5. After December 31, 2014, this
chapter applies only to a county having a consolidated city.
Chapter 24.5. Township Assistance Borrowing for Counties Other Than Marion County
Sec. 1. This chapter applies after December 31, 2014. This chapter applies only to a county not having a consolidated city.
Sec. 2. (a) In addition to the other methods of township assistance financing provided by this article, if the county executive determines that the county's township assistance fund will be exhausted before the end of a fiscal year, the county executive shall notify the county fiscal body of that determination.
(b) After receiving notice under subsection (a) that the county's township assistance fund will be exhausted before the end of a fiscal year, 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 county. In the appeal, the county fiscal body must do the following:
(1) Show that the amount of money contained in the township assistance fund will not be sufficient to fund services required to be provided within the county by this article.
(2) Show the amount of money that 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 county would repay the loan.
Sec. 3. (a) If upon appeal under section 2 of this chapter the department of local government finance determines that a county fiscal body should be allowed to borrow money under this chapter, the department shall order the county executive to borrow the money from a financial institution on behalf of the county fiscal body and to deposit the money borrowed in the county's township assistance fund.
(b) If upon appeal under section 2 of this chapter the department of local government finance determines that a county fiscal body should not be allowed to borrow money, the county
fiscal body may not borrow money under this chapter for that
year.
Sec. 4. If a loan is approved under this chapter, the department
of local government finance shall determine the period during
which the county shall repay the loan. However, the period may
not exceed five (5) years.
Sec. 5. The department of local government finance may not do
any of the following:
(1) Approve a request to borrow money made under this
chapter unless the county fiscal body determines that the
county's township assistance fund will be exhausted before the
fund can fund all township obligations incurred under this
article.
(2) Recommend or approve a loan that will exceed the
estimated amount of the deficit.
Sec. 6. (a) If a county fiscal body:
(1) appeals before August 1 for permission to borrow money;
(2) receives permission from the department to borrow money
before November 1 of that year; and
(3) borrows money under this chapter;
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 the county fiscal body:
(1) appeals after August 1 for permission to borrow money;
(2) receives permission from the department of local
government finance to borrow money; and
(3) borrows money in the year of the appeal under this
chapter;
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 county executive and applied by the county executive to
retire the debt.
Sec. 7. A county fiscal body must make an additional
appropriation before money borrowed under this chapter may be
spent.
provided in subsection (b), this chapter applies to each county having
at least one (1) distressed township.
(b) After December 31, 2014, this chapter does not apply to a
county not having a consolidated city.
(b) In a county in which a tax has been levied and raised for the payment of notes and interest on the notes issued by the board of commissioners for the purpose of paying township assistance claims against a township, the county auditor shall transfer the balance of money that remains after paying all notes and interest to the county general fund to the credit of the township assistance fund of the township in which the money was raised.
(1) dies, leaving an estate; and
(2) is not survived by:
(A) a spouse;
(B) an adult dependent with a disability; or
(C) a dependent child less than eighteen (18) years of age;
for the value of township assistance given the recipient before the recipient's death.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. A trustee may file a claim against the estate of a township assistance recipient only if authorized by the county plan.
(1) beginning when a township trustee obtains from a township assistance applicant or member of the applicant's household an agreement or authorization described in subsection (b); and
(2) ending when the township assistance applicant or member of the applicant's household receives the judgment, compensation, or monetary benefit or leaves the household.
(b) Subject to IC 12-20-11-5(b), if a township trustee, as administrator of township assistance, anticipates that a township assistance applicant or a member of the applicant's household is likely to receive a judgment, compensation, or a monetary benefit from a third party, the township trustee may require the applicant or the affected member of the applicant's household to:
(1) enter into a subrogation agreement; or
(2) sign a Social Security Administration's reimbursement authorization;
for the repayment of any township assistance benefits provided by the township or (after December 31, 2014, in the case of a county not having a consolidated city) the county during the interim period. A subrogation agreement authorized under subdivision (1) may only require repayment of interim benefits provided to the applicant or to the applicant's dependents who were members of the household to which township assistance benefits were paid.
(1) number of times assistance is provided; or
(2) number of households in which the individual resides during a particular year.
(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).
IC 12-20-16-2(h).
(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) The board 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 trustee of each township in the county
shall complete the report for the trustee's township. The board
shall compile all data received from each township into a
countywide statistical report. The board 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 (h), 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 township assistance recipients.
(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 the 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 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 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 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(h).
(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.
(d) The state board of accounts shall compile all data reported
under subsection (c) into a statewide statistical report. The
department of local government finance 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.
(e) The state board of accounts shall forward a copy of:
(1) each annual report forwarded to the board under
subsection (c); and
(2) the statewide statistical report under subsection (d);
to the department and the division of family resources.
(f) 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
(e) concerning the total number of recipients of township assistance
and the total dollar amount of benefits provided.
(g) The department of local government finance may not
approve the budget of a county that failed to file an annual report
under subsection (c) in the preceding calendar year.
(h) 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.
(i) The information required to be reported by the board under
this section shall be maintained by the board in accordance with
IC 5-15-6.
(1) shall receive and support in the county home indigent individuals who:
(A) are lawfully settled in the county; and
(B) placed in the county home by:
(i) the township trustee as the administrator of township
assistance, with the consent of the board of commissioners
of the county; or
(ii) after December 31, 2014, in the case of a county not
having a consolidated city, the county board of trustees,
upon the recommendation of a township trustee and with
the consent of the board of commissioners of the county;
or
(2) may contract with other counties or with other charitable
institutions located in Indiana for the relief and support of
indigent individuals maintained as a public charge of the county,
and may levy taxes for that purpose.
(b) After December 31, 2014, in a county not having a consolidated city, the county board of trustees shall periodically provide for the admission to the county home of indigent individuals who have become permanent charges on the county.
(d) After December 31, 2014, in a county not having a consolidated city, whenever an individual who is determined to be eligible for township assistance and is entitled to temporary relief is in a township in which the individual does not have legal settlement, the county board of trustees may, if authorized by the county plan, place the individual temporarily in the county home.
(1) The name of the individual.
(2) The birth place and date of birth of the individual.
(3) The length of time that the individual has been legally settled in the township.
(4) A statement of the health of the individual, which must be certified to by a competent physician.
(5) A statement of the income, property, or property rights of the individual.
(6) A list of the individual's relatives who, in the opinion of the township trustee as the administrator of township assistance, are capable of making contributions for the support of the individual.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. The township trustee shall, before making a recommendation to the county board of trustees regarding the admission of an individual as a resident of a county home, investigate the individual and make a report to the county board of trustees. The report must contain the following:
(1) The name of the individual.
(2) The birth place and date of birth of the individual.
(3) The length of time that the individual has been legally settled in the township.
(4) A statement of the health of the individual, which must be certified to by a competent physician.
(5) A statement of the income, property, or property rights of the individual.
(6) A list of the individual's relatives who, in the opinion of the township trustee as the administrator of township assistance, are capable of making contributions for the support of the individual.
within the rate lawfully established under section 8 of this chapter, at
the times that the board of commissioners considers proper.
(b) The board of commissioners may delegate the investigation to
the superintendent of the county home or to other agencies or persons
that the board of commissioners considers best. However, the board of
commissioners retains the right of determination, subject only to the
right of appeal.
(b) The county board of trustees may delegate the investigation to the superintendent of the county home or to other agencies or persons that the board considers best. However, the board retains the right of determination, subject only to the right of appeal.
(1) the individual denied admission; or
(2) the township trustee as the administrator of township assistance;
may appeal from the decision of the board of commissioners of the county to the circuit court of the county by filing a transcript of the record before the board of commissioners with the clerk of the circuit court of the county, who shall immediately notify the circuit court. The court shall, as soon as possible, proceed to hear and determine the matter. The court may order the board of commissioners to accept the individual in the county home or other charitable institution on the
terms and conditions, within the lawfully established rate as provided
in section 8 of this chapter, as the court orders.
(b) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
If a board of commissioners finds that the individual sought to be
admitted into the county home or other charitable institution
should not, for any cause, be admitted:
(1) the individual denied admission; or
(2) the county board of trustees;
may appeal from the decision of the board of commissioners of the
county to the circuit court of the county by filing a transcript of the
record before the board of commissioners with the clerk of the
circuit court of the county, who shall immediately notify the circuit
court. The court shall, as soon as possible, proceed to hear and
determine the matter. The court may order the board of
commissioners to accept the individual in the county home or other
charitable institution on the terms and conditions, within the
lawfully established rate as provided in section 8 of this chapter, as
the court orders.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county not having a consolidated city. In case of an emergency and pending the decision by the board of commissioners or the circuit court, an individual sought to be admitted shall be admitted temporarily. If the final determination is made that the individual should not be admitted, the county board of trustees shall immediately remove the individual from the county home or other charitable institution.
The:
(1) county council shall appropriate; and
(2) the board of commissioners in each county shall advance;
to the township trustees as the administrators of township assistance
the money necessary for the relief and burial of the indigent in each
township, which shall be accounted for and repaid to the county
treasurer as provided in section 11 of this chapter.
(b) This subsection applies after December 31, 2014. This
subsection applies only to a county not having a consolidated city.
The:
(1) county council shall appropriate for; and
(2) board of commissioners in each county shall advance to;
the county board of trustees the money necessary for the relief and
burial of the indigent in each township.
(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) the township board, of a township in a county having a consolidated city;
(6) in the case of a township in a county not having a consolidated city:
(A) the township board, before January 1, 2015; and
(B) the county fiscal body, after December 31, 2014; or
(b) Reimbursement is available under this chapter and IC 36-8-12.2 for expenses that are incurred in taking emergency action by a fire department that:
(1) is established under IC 36-8-2-3,
(2) employs:
(A) both full-time paid members and volunteer members; or
(B) only full-time paid members.
(1) a county in which a hazardous materials emergency arose; or
(2) the county in which the unit that established the fire department is located, if the emergency response agency is a fire department that:
(A) is established by a unit under IC 36-8-2-3,
(B) employs:
(i) both full-time paid members and volunteer members; or
(ii) only full-time paid members.
[EFFECTIVE JULY 1, 2011]: Sec. 1.5. As used in this chapter,
"fund" means:
(1) the township fund; or
(2) after December 31, 2014, in a county not having a
consolidated city, the appropriate county fund.
(1) has reason to believe that detrimental plants may be on real estate; and
(2) gives the owner or person in possession of the real estate forty-eight (48) hours notice under subsection (e);
the township trustee or county executive may enter the real estate to investigate whether there are detrimental plants on the real estate.
(b) Except as provided in subsection (d), if the township trustee or (after December 31, 2014, in a county not having a consolidated city) the county executive determines by:
(1) investigating real estate located in the trustee's township or county executive's county; or
(2) visual inspection without entering real estate located in the trustee's township or county executive's county;
that a person has detrimental plants growing on real estate, the trustee or county executive shall give written notice under subsection (e) to the owner or person in possession of the real estate to destroy the detrimental plants. The owner or person in possession of the real estate shall destroy the plants in a manner provided in section 3 of this chapter not more than five (5) days after the notice is received under subsection (f).
(c) If the detrimental plants are not destroyed as provided in subsection (b), the trustee shall cause the detrimental plants to be destroyed in a manner most practical to the trustee or (after December 31, 2014, in a county not having a consolidated city) the county executive not more than eight (8) days after notice is received by the owner or person in possession of the real estate under subsection (f). The trustee or county executive may hire a person to destroy the detrimental plants. The trustee or county executive or the person employed to destroy the detrimental plants may enter upon the real estate where the detrimental plants are growing to destroy the detrimental plants and are not civilly or criminally liable for damage to crops, livestock, or other property occurring while carrying out the
work, except for gross negligence or willful or wanton destruction.
(d) If the county has established a county weed control board under
IC 15-16-7, the township trustee or (after December 31, 2014, in a
county not having a consolidated city) the county executive may
notify the county weed control board of the real estate containing
detrimental plants, and the board shall either assume jurisdiction to
control the detrimental plants or decline jurisdiction and refer the
matter back to the township trustee or county executive. The county
weed control board shall notify the township trustee or county
executive of the board's decision.
(e) Notice required in subsection (a) or (b) may be given by:
(1) certified mail; or
(2) personal service.
(f) Notice under subsection (e) is considered received by the owner
or person in possession of the real estate:
(1) if sent by mail, on the earlier of:
(A) the date of signature of receipt of the mailing; or
(B) three (3) business days after the date of mailing; or
(2) if served personally, on the date of delivery.
(1) Chemicals.
(2) Work.
(3) Labor, at a rate per hour to be fixed by the township trustee commensurate with local hourly wages.
(b) If the trustee or (after December 31, 2014, in a county not having a consolidated city) the county executive believes the infestation of the real estate with detrimental plants is so great and widespread that cutting or eradication by hand methods is impractical, the trustee shall use the necessary power machinery or equipment. The trustee or county executive may pay for the work at a rate per hour fixed by the township trustee or county executive commensurate with the local hourly rate.
(c) When the work has been performed, the person doing the work shall file an itemized bill for the work in the office of the township trustee or (after December 31, 2014, in a county not having a consolidated city) the county executive. When the bill has been approved, the trustee shall pay the bill out of the township fund or
(after December 31, 2014, in a county not having a consolidated
city) the appropriate county fund. If there is no money available in
the township fund for that purpose, the township board, upon finding
an emergency exists, shall act under IC 36-6-6-14(b) or IC 36-6-6-15
to borrow money sufficient to meet the emergency. After December
31, 2014, the county fiscal body shall act in the case of a county not
having a consolidated city.
(d) The trustee, when submitting estimates to the township board
An estimate, when submitted to the township board or (after
December 31, 2014, in a county not having a consolidated city) the
county fiscal body for action, shall must include in the estimates an
item sufficient to cover those expenditures.
(1) A certification of the following costs:
(A) The cost or expense of the work.
(B) The cost of the chemicals.
(C) Twenty dollars ($20) per day for each day that the trustee or the trustee's agent or (after December 31, 2014, in a county not having a consolidated city) the county executive or the county executive's agent supervises the performance of the services required under this chapter as compensation for services.
(2) A description of the real estate on which the labor was performed.
(3) A request that the owner or person in possession of the real estate pay the costs under subdivision (1) to the township trustee or county executive.
(b) The certified statement prepared under subsection (a) shall be provided:
(1) to the owner or person possessing the real estate by:
(A) mail, using a certificate of mailing; or
(B) personal service; or
(2) by mailing the certified statement to the auditor of state for any real estate owned by the state or to the fiscal officer of another municipality (as defined in IC 5-11-1-16) for real estate owned by the municipality.
JULY 1, 2011]: Sec. 7. (a) If the owner or person in possession of the
property does not pay the amount set forth in the certified statement
under section 6(a) of this chapter within ten (10) days after receiving
the notice under section 6(b) of this chapter, the township trustee or
(after December 31, 2014, in a county not having a consolidated
city) the county executive shall file a copy of the certified statement
in the office of the county auditor of the county where the real estate is
located.
(b) The auditor shall place the amount claimed in the certified
statement on the tax duplicate of the real estate. Except as provided in
section 8 of this chapter, the amount claimed shall be collected as taxes
are collected.
(c) After an amount described in subsection (b) is collected, the
funds shall be deposited in:
(1) the trustee's township funds for use at the discretion of the
trustee; or
(2) after December 31, 2014, in the case of a county not having
a consolidated city, the appropriate county fund.
(1) immediately place the amounts on the certified statement on the tax duplicate of the county; and
(2) collect the amounts at the next tax paying time for the proper township or townships, or (after December 31, 2014) the county not having a consolidated city, the same as other state, county, or township taxes are collected, including penalties, forfeitures, and sales.
After the amounts are collected, the amounts shall be paid to the proper trustee and placed in the township fund or (after December 31, 2014, in the case of a county not having a consolidated city) placed in the appropriate county fund.
JULY 1, 2011]: Sec. 12. (a) The Purdue University cooperative
extension service shall provide technical assistance to township
trustees or (after December 31, 2014, in counties not having a
consolidated city) the county executives for the control of detrimental
plants.
(b) All law enforcement agencies having jurisdiction in a township
or (after December 31, 2014) a county not having a consolidated
city shall assist the township trustee or the county executive in
carrying out the duties imposed on the trustee or the county executive
under this chapter.
(1) knowingly allows detrimental plants to grow and mature on land owned or possessed by the person;
(2) knowing of the existence of detrimental plants on land owned or possessed by the person, fails to cut them down or eradicate the plants by chemicals each year, as prescribed in this chapter;
(3) having charge of or control over any highway:
(A) knowingly allows detrimental plants to grow or mature on the right-of-way of the highway; or
(B) knowing of the existence of the detrimental plants, fails to cut the plants down or eradicate the plants by using chemicals, as prescribed in this chapter;
(4) having charge of or control over the right-of-way of a railroad or interurban company:
(A) knowingly allows detrimental plants to grow and mature on the right-of-way; or
(B) knowing of the existence of the detrimental plants, fails to cut the plants down or eradicate the plants by using chemicals, as prescribed in this chapter; or
(5) knowingly sells Canada thistle (cirsium arvense) seed;
commits a Class C infraction. Each day this section is violated constitutes a separate infraction.
(b) All judgments collected under this section shall be:
(1) paid to the trustee and placed in the trustee's township funds for use at the discretion of the trustee; or
(2) after December 31, 2014, placed in the appropriate county fund, in the case of property located in a county not having a consolidated city.
31, 2014, this chapter applies only to a township in a county not
having a consolidated city.
(b) Except as provided in subsection (a), the governing body of a
city, town, township, or county by the governing body's action or in any
combination may do the following:
(1) Establish, operate, and maintain emergency medical services.
(2) Levy taxes under and limited by IC 6-3.5 and expend
appropriated funds of the political subdivision to pay the costs
and expenses of establishing, operating, maintaining, or
contracting for emergency medical services.
(3) Except as provided in section 2 of this chapter, authorize,
franchise, or contract for emergency medical services. However:
(A) a county may not provide, authorize, or contract for
emergency medical services within the limits of any city
without the consent of the city; and
(B) a city or town may not provide, authorize, franchise, or
contract for emergency medical services outside the limits of
the city or town without the approval of the governing body of
the area to be served.
(4) Apply for, receive, and accept gifts, bequests, grants-in-aid,
state, federal, and local aid, and other forms of financial
assistance for the support of emergency medical services.
(5) Establish and provide for the collection of reasonable fees for
emergency ambulance services the governing body provides
under this chapter.
(6) Pay the fees or dues for individual or group membership in
any regularly organized volunteer emergency medical services
association on their own behalf or on behalf of the emergency
medical services personnel serving that unit of government.
(1) 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 not
otherwise appropriated without appropriations.
(3) This subdivision applies after December 31, 2014. This
subdivision applies only to a county not having a consolidated
city. Costs incurred in furnishing biologicals shall be paid
from funds in the township assistance fund not otherwise
appropriated without appropriations.
(b) (c) A:
(1) township; or
(2) (after December 31, 2014, in the case of a county not
having a consolidated city) county;
is not responsible for paying for biologicals as provided in subsection
(a)(2) (b)(2) or (b)(3) if the township trustee has evidence that the
individual has the financial ability to pay for the biologicals.
(c) (d) After being presented with a legal claim for insulin being
furnished to the same individual a second time, a township trustee, if
permitted by the county plan, may require the individual to complete
and file a standard application for township assistance in order to
investigate the financial condition of the individual claiming to be
indigent. After December 31, 2014, if the township trustee is in a
county not having a consolidated city, the township trustee may
require the individual to complete and file only the standard
township assistance application, if the trustee is authorized to do
so by the county plan. If a standard application is required, the
township trustee shall immediately notify the individual's physician
that:
(1) the financial ability of the individual claiming to be indigent
is in question; and
(2) a standard application for township assistance must be filed.
with the township.
The township or (after December 31, 2014, in the case of a county
not having a consolidated city) the county shall continue to furnish
insulin under this section until the township trustee completes an
investigation and makes a determination as to the individual's financial
ability to pay for insulin.
(d) (e) For purposes of this section, the township or (after
December 31, 2014, in the case of a county not having a
consolidated city) the county shall consider an adult individual
needing insulin as an individual and not as a member of a household
requesting township assistance.
commission shall:
(1) adopt rules under IC 4-22-2 for the granting of permits for
supervised public displays of fireworks by municipalities, fair
associations, amusement parks, and other organizations or groups
of individuals; and
(2) establish by rule the fee for the permit, which shall be paid
into the fire and building services fund created under
IC 22-12-6-1.
(b) The application for a permit required under subsection (a) must:
(1) name a competent operator who is to officiate at the display;
(2) set forth a brief resume of the operator's experience;
(3) be made in writing; and
(4) be received with the applicable fee by the division of fire and
building safety at least five (5) business days before the display.
No operator who has a prior conviction for violating this chapter may
operate any display for one (1) year after the conviction.
(c) Every display shall be handled by a qualified operator approved
by the chief of the fire department of the municipality in which the
display is to be held. A display shall be located, discharged, or fired as,
in the opinion of:
(1) the chief of the fire department of the city or town in which
the display is to be held; or
(2) the township fire chief or the fire chief of the municipality
nearest the site proposed, in the case of a display to be held
outside of the corporate limits of any city or town;
after proper inspection, is not hazardous to property or person.
However, in the case of a county not having a consolidated city, the
county fire chief shall after December 31, 2014, carry out the duties
under subdivision (2).
(d) A permit granted under this section is not transferable.
(e) A denial of a permit by a municipality shall be issued in writing
before the date of the display.
(f) A person may not possess, transport, or deliver special fireworks,
except as authorized under this section.
discharge location in the municipality, or township, or county.
(1) a volunteer fire department (as defined in IC 36-8-12-2);
(2) the executive of a township providing fire protection under IC 36-8-13-3(a)(1);
(3) a municipality providing fire protection to a township under IC 36-8-13-3(a)(2),
(4) after December 31, 2014, a county not having a consolidated city.
(1) the township fund; or
(2) after December 31, 2014, the cemetery fund for a county not having a consolidated city.
(1) who reside in:
(A) a township or (after December 31, 2014) a county not having a consolidated city; or
(B) the immediate vicinity of a cemetery owned by a township or (after December 31, 2014) a county not having a consolidated city; and
(2) who own lots in and whose dead relatives are buried in a cemetery owned by the township or (after December 31, 2014) a county not having a consolidated city;
organize, either by themselves or with others, as a corporation for the burial of the dead and the maintenance of a cemetery.
city) the county executive a petition asking for the conveyance of the
cemetery owned by the township or (after December 31, 2014, in a
county not having a consolidated city) the county to the corporation.
(b) The persons filing the petition under subsection (a) must give
notice of the filing at least three (3) weeks before the filing in
accordance with IC 5-3-1-2 by publishing a notice concerning the
petition in a newspaper:
(1) that is published in the township; or
(2) if there is no newspaper published in the township, in the
newspaper published nearest to the township.
(1) shall control the cemetery;
(2) shall ornament, beautify, and improve the cemetery;
(3) may purchase additions and sell lots in the cemetery;
(4) may assess all lots for the care, improvement, and beautification of the cemetery;
(5) may receive and hold in trust gifts, donations, and legacies to be devoted to the purposes referred to in subdivisions (1) through (4); and
(6) may exercise all the powers of a corporation organized under any statute for the purpose of owning, managing, and maintaining cemeteries.
(b) All actions that the corporation takes in accordance with statutes concerning cemeteries before the cemetery is conveyed
(b)
(1) to purchase additional land for the cemetery;
(2) to make permanent improvements to the cemetery; or
(3) for the upkeep and maintenance of the cemetery.
in the same manner as other township appropriations of the township
or the county.
(b) The township may levy a township cemetery tax to create a fund
for maintenance of cemeteries under this chapter. If a fund has not been
provided for maintenance of cemeteries under this chapter, part of the
township fund may be used.
(c) After December 31, 2014, a county not having a consolidated
city may levy a county cemetery tax to create a fund for
maintenance of cemeteries under this chapter. If a fund has not
been provided for maintenance of cemeteries under this chapter,
part of the county general fund may be used.
(1) A public cemetery that belongs to a township or (after December 31, 2014) a county not having a consolidated city.
(2) An addition to a public cemetery that belongs to a township or (after December 31, 2014) a county not having a consolidated city.
(1) A cemetery that is owned or controlled by a city, a town, or a voluntary association.
(2) A cemetery that is maintained by a township or (after December 31, 2014) a county not having a consolidated city under IC 23-14-68.
(1) destroying detrimental plants (as defined in IC 15-16-8-1), noxious weeds, and rank vegetation; and
(2) removing all unsightly accumulations and debris.
executive considers acceptance of the land to be in the best interests of
the township or the county.
(b) Donated land shall be:
(1) conveyed to the township or (after December 31, 2014) the
county not having a consolidated city;
(2) set apart by the trustee or the county executive for a public
cemetery; and
(3) kept in good condition and repair by the township trustee or
the county executive.
(1) no land suitable for a public cemetery is donated to a township; and
(2) if the township legislative body adopts a resolution approving the purchase;
the township executive may purchase land for the purpose of establishing a public cemetery.
(b) If no land suitable for a public cemetery is donated to a county not having a consolidated city, the county executive (after December 31, 2014), with the approval of the county fiscal body, may purchase land for the purpose of establishing a public cemetery.
(1) lay out the land in lots with streets and walks;
(2) plat the land; and
(3) record the plat in the office of the recorder of the county.
(b) For recording a plat under subsection (a), the recorder shall collect the same fees as are allowed for similar recordings.
(c) The lots laid out and platted under subsection (a) must be numbered. A specific part of the lots must be:
(1) set apart; and
(2) designated on the plat;
for a potter's field.
(d) After the plat has been recorded, the township trustee or (after December 31, 2014, in a county not having a consolidated city) the county executive shall appoint:
(1) one (1) disinterested freeholder of the township or (after December 31, 2014, in a county not having a consolidated city) county; and
(2) one (1) disinterested appraiser licensed under IC 25-34.1;
who are residents of Indiana to appraise and fix the value of all the lots on the plat, except the part assigned to the potter's field under subsection (c). The appraisal shall be filed with and preserved by the township trustee or county executive.
(b) The proceeds of the sale of lots in a cemetery under subsection (a) shall be used to pay the expenses that the township trustee or (after December 31, 2014, in a county not having a consolidated city) the county executive may incur under this chapter for the cemetery. Any surplus shall be held as a fund for use in keeping the cemetery in repair.
(c) The township trustee or (after December 31, 2014, in a county not having a consolidated city) the county executive shall keep an accurate account of:
(1) the money received by the township trustee or the county executive for the purpose of keeping the cemetery in repair; and
(2) the sums that the township trustee or the county executive has paid out, and for which the trustee or the county executive has taken vouchers.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. All expenses
incurred by the township trustee or (after December 31, 2014, in a
county not having a consolidated city) the county executive for
administering this chapter shall be paid out of the township cemetery
fund. of the township.
(1) The trustee of the township or (after December 31, 2014, in a county not having a consolidated city) the county executive in which an abandoned or unincorporated cemetery is located.
(2) The trustee of the township lying on the east or south of the cemetery if the cemetery is located on a county boundary or a township boundary.
(3) The treasurer of the board of directors of an incorporated cemetery.
(b) A receipt or voucher made under subsection (a) must state:
(1) the amount paid out;
(2) the purpose for which the money was expended; and
(3) the fund from which the money came.
(c) The receipts and vouchers made under subsection (a) shall be:
(1) filed with the county auditor before January 2 of each year; and
(2) presented to the board of commissioners for examination and approval at the January meeting of the board of commissioners.
(1) owns a cemetery that has been in existence for at least thirty (30) years; or
(2) desires to own a public cemetery.
(1) the legislative body of the city,
(2) the executive of the township;
has the power of eminent domain to condemn and appropriate the land for cemetery purposes under proceedings provided by statute.
(1) the county council, for a county not having a consolidated city;
(2) the city-county council, for a consolidated city or county having a consolidated city;
(3) the common council, for a city other than a consolidated city;
(4) the town council, for a town;
(5) the township board, for a township in a county having a consolidated city;
(6) in the case of a township in a county not having a consolidated city:
(A) the township board, before January 1, 2015; and
(B) the county fiscal body, after December 31, 2014;
(1) the board of county commissioners, for a county not subject to IC 36-2-3.5 or IC 36-3-1;
(2) the county council, for a county subject to IC 36-2-3.5;
(3) the city-county council, for a consolidated city or county having a consolidated city;
(4) the common council, for a city other than a consolidated city;
(5) the town council, for a town;
(6) the township board, for a township in a county having a consolidated city;
(7) in the case of a township in a county not having a consolidated city:
(A) the township board, before January 1, 2015; and
(B) the county fiscal body, after December 31, 2014;
(b) Whenever the purposes of a tax levy have been fulfilled and an unused and unencumbered balance remains in the fund, the fiscal body of the political subdivision shall order the balance of that fund to be transferred as follows, unless a statute provides that it be transferred otherwise:
(1) Except as provided in subdivision (2), funds of a county, to the general fund or rainy day fund of the county, as provided in section 5.1 of this chapter.
(2) This subdivision applies after December 31, 2014. This subdivision applies only to a county not having a consolidated city. Funds of a county for redemption of township assistance obligations, to the township assistance fund of the county or rainy day fund of the county, as provided in section 5.1 of this chapter.
assistance fund of the township or rainy day fund of the township,
as provided in section 5.1 of this chapter.
(4) (5) Funds of any other political subdivision, to the general
fund or rainy day fund of the political subdivision, as provided in
section 5.1 of this chapter. However, if the political subdivision
is dissolved or does not have a general fund or rainy day fund,
then to the general fund of each of the units located in the
political subdivision in the same proportion that the assessed
valuation of the unit bears to the total assessed valuation of the
political subdivision.
(c) Whenever an unused and unencumbered balance remains in the
civil township fund of a township and a current tax levy for the fund is
not needed, the township fiscal body may order any part of the balance
of that fund transferred to the debt service fund of the school
corporation located in or partly in the township. However, if more than
one (1) school corporation is located in or partly in the township, then
any sum transferred shall be transferred to the debt service fund of each
of those school corporations in the same proportion that the part of the
assessed valuation of the school corporation in the township bears to
the total assessed valuation of the township.
(d) If there is:
(1) an unexpended balance in the debt service fund of any school
township; and
(2) no outstanding bonded or other indebtedness of the school
township to the payment of which the unexpended balance or any
part of the unexpended balance can be legally applied;
the township trustee of the township, with the approval of the township
board, may transfer the unexpended balance in the debt service fund to
the school general fund of the school township.
(e) Whenever any township has collected any fund for the special
or specific purpose of erecting or constructing a school building and
the township trustee of the township decides to abandon the proposed
work of erecting or constructing the school building, the township
trustee of the township shall transfer the fund collected for the special
or specific purpose to the township fund of the township, upon the
order of the township board to make the transfer. It is lawful thereafter
to use the funds for any purpose for which the township funds of the
township may be used.
(f) Transfers to a political subdivision's rainy day fund may be made
at any time during the political subdivision's fiscal year.
[EFFECTIVE JULY 1, 2011]: Sec. 10.5. (a) This section does not
apply to the following:
(1) An elected or appointed officer.
(2) An individual described in IC 20-26-4-11.
(b) Except as provided in IC 3-5-9, an employee of a political
subdivision may:
(1) be a candidate for any an elected office and serve in that
office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as an employee of the political subdivision.
(b) A township may not enter into:
(1) a contract related to township assistance; or
(2) a contract related to fire protection or emergency services;
with a term that extends beyond December 31, 2014, unless the contract has been approved by the legislative body of the county in which the township is located.
Chapter 3.6. County Board of Trustees
Sec. 1. This chapter applies only to a county not having a consolidated city.
Sec. 2. As used in this chapter, "board" means the county board of trustees established under this chapter.
Sec. 3. As used in this chapter, "fire protection and emergency services plan" means the county fire protection and emergency services plan adopted under IC 36-8-13.6.
Sec. 4. As used in this chapter "township assistance plan" means the township assistance plan adopted under IC 12-20-1.5.
Sec. 5. (a) A county board of trustees is established in each county.
(b) The membership of the board consists of all township trustees of the townships in the county.
Sec. 6. (a) A majority of the 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.
(b) The county executive shall resolve a tie vote of the board.
(c) The board shall meet at least quarterly and at the call of the
chairperson.
Sec. 7. (a) The first meeting of the board shall be convened not
later than December 31, 2011, by the board of commissioners.
(b) The board of commissioners shall select a chairperson from
among the members of the board.
(c) Each county council shall determine, in the manner provided
by law, the compensation of the members of the board.
Sec. 8. (a) The board shall appoint a secretary, subject to the
approval of the county legislative body. The board may appoint a
secretary from among the members of the board.
(b) The board may appoint staff necessary to fulfill the duties of
the board, subject to the approval of the county legislative body
and the county fiscal body.
Sec. 9. (a) The board has the following duties and
responsibilities concerning township assistance:
(1) Propose a township assistance plan under IC 12-20-1.5.
(2) Propose county standards for the provision of township
assistance under IC 12-20-1.6.
(3) Annually review the county's township assistance plan and
standards and propose amendments to the township
assistance plan and standards to the county legislative body
for adoption.
(4) For budget years beginning after December 31, 2014,
annually prepare and recommend a township assistance
budget to the county council.
(5) Subject to the approval of the county legislative body and
county fiscal body, employ necessary employees to assist the
township trustee in discharging the trustee's duties
concerning the provision of township assistance.
(6) Subject to the approval of the county legislative body and
county fiscal body, establish offices in the county for the
provision of township assistance.
(7) Place indigent individuals in the county home in
accordance with IC 12-30-4.
(8) Carry out other duties and responsibilities set forth in the
county's township assistance plan concerning the provision of
township assistance in the county.
(b) As provided in IC 36-8-13.6, the board shall:
(1) adopt the fire protection and emergency services plan for
the unincorporated area of the county; and
(2) submit the fire protection and emergency services plan to
the county legislative body for review and approval.
(c) As provided in IC 36-8-3-1.5, the board shall act as the safety board of the county for purposes of the county fire department.
Chapter 21. County Fire Protection Duties
Sec. 1. This chapter applies only to a county not having a consolidated city.
Sec. 2. Beginning January 1, 2015:
(1) the county executive is responsible for providing fire protection and emergency services in the unincorporated areas of the county as provided in the county's fire protection and emergency services plan; and
(2) the powers and duties of township government and the township trustee related to providing fire protection and emergency services in the unincorporated areas of the county are transferred to the county.
Sec. 3. In carrying out fire protection and emergency services responsibilities under section 2 of this chapter, the county executive shall as provided in the county's fire protection and emergency services plan provide for fire protection and emergency services in the unincorporated area of the county through any combination of:
(1) operating a county fire department;
(2) contracting with or otherwise cooperating with any municipality, county, fire protection district, volunteer fire department, fire protection territory, or other entity; or
(3) entering into mutual aid agreements.
(b) Except as provided in IC 3-5-9, a city employee other than an elected or appointed public officer may:
(1) be a candidate for
(2) be appointed to any office and serve in that office if appointed;
without having to resign as a city employee.
(1) Keep a written record of official proceedings.
(2) Manage all township property interests.
(3) Keep township records open for public inspection.
(4) After December 31, 2014, this subdivision applies only to a county having a consolidated city. Attend all meetings of the township legislative body.
(5) Receive and pay out township funds.
(6) Examine and settle all accounts and demands chargeable against the township.
(7) After December 31, 2014, this subdivision applies only to a county having a consolidated city. Administer township assistance under IC 12-20 and IC 12-30-4.
(8) After December 31, 2014, this subdivision applies only to a county not having a consolidated city. The township trustee shall perform the duties regarding township assistance under IC 12-20-1.5, IC 12-20, and IC 12-30-4.
(A) is located in a county having a consolidated city; and
(B) consolidated the township's fire department under IC 36-3-1-6.1.
(16) In the case of a township in a county not having a consolidated city, participate as a member of the county board of trustees.
(1) Present an itemized written statement of the estimated expenditures for which appropriations are requested, specifying the following:
(A) The number of teachers employed.
(B) The salary of each teacher employed.
(C) The property of the township (and supplies on hand).
(D) The estimated value of the property of the township (and supplies on hand).
(E) The supplies necessary for each school.
(F) After December 31, 2014, this clause applies only to a county having a consolidated city. The need for township assistance in the township.
(2) Submit to questions from the legislative body or taxpayers concerning expenditures of the township.
(b) The written statement required under subsection (a)(1) must comply with forms prescribed by the state board of accounts and show the amount of each item to be charged against township funds.
Chapter 6.1. Transfer of Township Powers and Duties in a County Other Than Marion County
Sec. 1. This chapter applies after December 31, 2014. This chapter applies only to a county not having a consolidated city.
Sec. 2. On January 1, 2015, the township boards in a county are abolished.
Sec. 3. After December 31, 2014:
(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.
Sec. 4. (a) The abolishment of a township board under section 2 of this chapter does not invalidate:
(1) any resolutions, fees, schedules, or other actions adopted or taken by the township board before January 1, 2015; or
(2) any appointments made by the township board before January 1, 2015.
(b) After December 31, 2014, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code; or
(3) in any resolution;
to the township board or township legislative body of a township in a county not having a consolidated city shall be considered a reference to the county fiscal body.
Sec. 5. After December 31, 2014, fire protection and emergency services in an unincorporated area of a county are governed by and subject to a county fire protection and emergency services plan adopted by the county board of trustees and approved by the county legislative body.
Sec. 6. (a) On January 1, 2015, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel; and
(7) contracts;
of a township connected with firefighting operations are transferred to the county. To the extent that the township and the county cannot agree on the transfers under this subsection, the department of local government finance shall make the final determination.
(b) If, as of December 31, 2014, a township has a local board for the 1937 firefighters' pension fund or the 1977 police officers' and firefighters' pension and disability fund, that local board is dissolved on January 1, 2015, and the powers, duties, and responsibilities of the local board under IC 36-8-7 or IC 36-8-8, respectively, are assumed by the county's local board for the 1937 firefighters' pension fund and local board for the 1977 police officers' and firefighters' pension and disability fund, respectively. Notwithstanding any other provision, the legislative body of the county may adopt an ordinance to adjust the membership of the county's local board to reflect the dissolution of the township's local board.
(c) A county shall levy taxes (within the county's maximum permissible ad valorem property tax levy limit) as necessary to provide for the payment of pension benefits:
(1) to members of the 1937 firefighters' pension fund; and
(2) for which, before the dissolution of township government under this chapter, the local board of a township in the county
was responsible.
Sec. 7. (a) Effective January 1, 2015, the county shall assume,
defease, pay, or refund all township indebtedness or lease rental
obligations related to fire protection and emergency services. The
county may levy property taxes to pay township indebtedness or
lease rental obligations incurred by a township only in the
geographic area of the township that originally issued the debt or
entered into the lease rental agreement. The former territory of the
township comprises a taxing district for the payment of township
indebtedness or lease rental obligations existing at the time of the
abolition or alteration.
(b) Notwithstanding any other law, to assume, defease, pay, or
refund all or a part of the indebtedness or lease rental obligations
described in subsection (a), the county is not required to comply
with any other statutory procedures or approvals that apply when
a unit incurs indebtedness or lease rental obligations.
(c) The rights of a trustee, bondholder, or leaseholder with
respect to any:
(1) indebtedness or lease rental obligations described in
subsection (a); or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness described in subsection (a);
remain the same, although the powers, duties, agreements, and
liabilities of the townships have been transferred to the county, and
the county shall be considered to have assumed all those powers,
duties, agreements, and liabilities.
Sec. 8. Beginning January 1, 2015, and notwithstanding any
other law to the contrary, any revenue from a local income tax for
public safety under IC 6-3.5-1.1-25 or IC 6-3.5-6-31 that the
township would otherwise receive shall instead be paid to the
county.
this chapter applies only to a township in a county having a
consolidated city.
(1) second and third class cities; and
(2) after December 31, 2014, counties not having a consolidated city (for purposes of the county fire department).
It also applies to other units, where specifically indicated.
(b) After December 31, 2014, in the case of a county not having a consolidated city, the county board of trustees acting as the safety board has the same powers and duties under this chapter for purposes of the county fire department as a municipal safety board has under this chapter for purposes of a municipal fire department.
(b) A firefighter with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if the firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(c) A firefighter is covered by this chapter and not by IC 36-8-8 if the firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981);
(3) was rehired after April 30, 1977, but before February 1, 1979; and
(4) was made, before February 1, 1979, a member of a 1937 fund.
(d) A firefighter who:
(1) is covered by this chapter before a consolidation under
IC 36-3-1-6.1; and
(2) becomes a member of a fire department of a consolidated city
under IC 36-3-1-6.1;
is covered by this chapter after the effective date of the consolidation,
and the firefighter's service as a member of a fire department of a
consolidated city is considered active service under this chapter.
(e) A firefighter who:
(1) as of December 31, 2014, is a member of the 1937 fund as
a firefighter with a township fire department, fire protection
territory, or fire protection district within a county; and
(2) after the dissolution of township government under
IC 36-6-6.1 becomes a member of the county fire department;
is covered by this chapter after the firefighter becomes a member
of the county fire department, and the firefighter's service as a
member of a township fire department, fire protection territory, or
fire protection district that was covered under this chapter before
January 1, 2015, is considered active service under this chapter.
(1) full-time police officers hired or rehired after April 30, 1977, in all municipalities, or who converted their benefits under IC 19-1-17.8-7 (repealed September 1, 1981);
(2) full-time fully paid firefighters hired or rehired after April 30, 1977, or who converted their benefits under IC 19-1-36.5-7 (repealed September 1, 1981);
(3) a police matron hired or rehired after April 30, 1977, and before July 1, 1996, who is a member of a police department in a second or third class city on March 31, 1996;
(4) a park ranger who:
(A) completed at least the number of weeks of training at the Indiana law enforcement academy or a comparable law enforcement academy in another state that were required at the time the park ranger attended the Indiana law enforcement academy or the law enforcement academy in another state;
(B) graduated from the Indiana law enforcement academy or a comparable law enforcement academy in another state; and
(C) is employed by the parks department of a city having a population of more than one hundred twenty thousand (120,000) but less than one hundred fifty thousand (150,000);
(5) a full-time fully paid firefighter who is covered by this chapter before the effective date of consolidation and becomes a member
of the fire department of a consolidated city under IC 36-3-1-6.1,
provided that the firefighter's service as a member of the fire
department of a consolidated city is considered active service
under this chapter;
(6) except as otherwise provided, a full-time fully paid firefighter
who is hired or rehired after the effective date of the consolidation
by a consolidated fire department established under
IC 36-3-1-6.1;
(7) a full-time police officer who is covered by this chapter before
the effective date of consolidation and becomes a member of the
consolidated law enforcement department as part of the
consolidation under IC 36-3-1-5.1, provided that the officer's
service as a member of the consolidated law enforcement
department is considered active service under this chapter; and
(8) except as otherwise provided, a full-time police officer who is
hired or rehired after the effective date of the consolidation by a
consolidated law enforcement department established under
IC 36-3-1-5.1; and
(9) a full-time, fully paid firefighter who:
(A) as of December 31, 2014, is a member of the 1977 fund
as a firefighter with a township fire department, fire
protection territory, or fire protection district within a
county; and
(B) after the dissolution of township government under
IC 36-6-6.1 becomes a member of the county fire
department;
except as provided by section 7 of this chapter.
(1) For a unit that established a 1925 fund for its police officers, the local board described in IC 36-8-6-2.
(2) Except as provided in subdivision (3), for a unit that established a 1937 fund for its firefighters, the local board described in IC 36-8-7-3.
(3) This subdivision does not apply to a township in a county having a consolidated city. For a township that established a 1937 fund for its firefighters, "local board", after December 31, 2014, means the local board of the county.
establish a 1925 fund for its police officers or a 1937 fund for its
firefighters, the local board described in subsection (b) or (c).
(b) If a unit did not establish a 1925 fund for its police officers, a
local board shall be composed in the same manner described in
IC 36-8-6-2(b). However, if there is not a retired member of the
department, no one shall be appointed to that position until such time
as there is a retired member.
(c) If a unit did not establish a 1937 fund for its firefighters, a local
board shall be composed in the same manner described in
IC 36-8-7-3(b). However, if there is not a retired member of the
department, no one shall be appointed to that position until such time
as there is a retired member.
(1) a police officer; or
(2) a firefighter;
who is less than thirty-six (36) years of age and who passes the baseline statewide physical and mental examinations required under section 19 of this chapter shall be a member of the 1977 fund and is not a member of the 1925 fund, the 1937 fund, or the 1953 fund.
(b) A police officer or firefighter with service before May 1, 1977, who is hired or rehired after April 30, 1977, may receive credit under this chapter for service as a police officer or firefighter prior to entry into the 1977 fund if the employer who rehires the police officer or firefighter chooses to contribute to the 1977 fund the amount necessary to amortize the police officer's or firefighter's prior service liability over a period of not more than forty (40) years, the amount and the period to be determined by the PERF board. If the employer chooses to make the contributions, the police officer or firefighter is entitled to receive credit for the police officer's or firefighter's prior years of service without making contributions to the 1977 fund for that prior service. In no event may a police officer or firefighter receive credit for prior years of service if the police officer or firefighter is receiving a benefit or is entitled to receive a benefit in the future from any other public pension plan with respect to the prior years of service.
(c) Except as provided in section 18 of this chapter, a police officer or firefighter is entitled to credit for all years of service after April 30, 1977, with the police or fire department of an employer covered by this chapter.
(d) A police officer or firefighter with twenty (20) years of service
does not become a member of the 1977 fund and is not covered by this
chapter, if the police officer or firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(e) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) was rehired after April 30, 1977, but before February 1, 1979;
and
(4) was made, before February 1, 1979, a member of a 1925,
1937, or 1953 fund.
(f) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired by the police or fire department of a unit before May
1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) is rehired by the police or fire department of another unit after
December 31, 1981; and
(4) is made, by the fiscal body of the other unit after December
31, 1981, a member of a 1925, 1937, or 1953 fund of the other
unit.
If the police officer or firefighter is made a member of a 1925, 1937, or
1953 fund, the police officer or firefighter is entitled to receive credit
for all the police officer's or firefighter's years of service, including
years before January 1, 1982.
(g) As used in this subsection, "emergency medical services" and
"emergency medical technician" have the meanings set forth in
IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
(1) is employed by a unit that is participating in the 1977 fund;
(2) was employed as an emergency medical technician by a
political subdivision wholly or partially within the department's
jurisdiction;
(3) was a member of the public employees' retirement fund during
the employment described in subdivision (2); and
(4) ceased employment with the political subdivision and was
hired by the unit's fire department due to the reorganization of
emergency medical services within the department's jurisdiction;
shall participate in the 1977 fund. A firefighter who participates in the
1977 fund under this subsection is subject to sections 18 and 21 of this
chapter.
(h) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the individual was
appointed as:
(1) a fire chief under a waiver under IC 36-8-4-6(c); or
(2) a police chief under a waiver under IC 36-8-4-6.5(c);
unless the executive of the unit requests that the 1977 fund accept the
individual in the 1977 fund and the individual previously was a
member of the 1977 fund.
(i) A police matron hired or rehired after April 30, 1977, and before
July 1, 1996, who is a member of a police department in a second or
third class city on March 31, 1996, is a member of the 1977 fund.
(j) A park ranger who:
(1) completed at least the number of weeks of training at the
Indiana law enforcement academy or a comparable law
enforcement academy in another state that were required at the
time the park ranger attended the Indiana law enforcement
academy or the law enforcement academy in another state;
(2) graduated from the Indiana law enforcement academy or a
comparable law enforcement academy in another state; and
(3) is employed by the parks department of a city having a
population of more than one hundred twenty thousand (120,000)
but less than one hundred fifty thousand (150,000);
is a member of the fund.
(k) Notwithstanding any other provision of this chapter, a police
officer or firefighter:
(1) who is a member of the 1977 fund before a consolidation
under IC 36-3-1-5.1 or IC 36-3-1-6.1;
(2) whose employer is consolidated into the consolidated law
enforcement department or the fire department of a consolidated
city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and
(3) who, after the consolidation, becomes an employee of the
consolidated law enforcement department or the consolidated fire
department under IC 36-3-1-5.1 or IC 36-3-1-6.1;
is a member of the 1977 fund without meeting the requirements under
sections 19 and 21 of this chapter.
(l) Notwithstanding any other provision of this chapter, if:
(1) before a consolidation under IC 8-22-3-11.6, a police officer
or firefighter provides law enforcement services or fire protection
services for an entity in a consolidated city;
(2) the provision of those services is consolidated into the law
enforcement department or fire department of a consolidated city;
and
(3) after the consolidation, the police officer or firefighter
becomes an employee of the consolidated law enforcement
department or the consolidated fire department under
IC 8-22-3-11.6;
the police officer or firefighter is a member of the 1977 fund without
meeting the requirements under sections 19 and 21 of this chapter.
(m) Notwithstanding any other provision of this chapter, a
firefighter who:
(1) as of December 31, 2014, is a member of the 1977 fund as
a firefighter with a township fire department, fire protection
territory, or fire protection district within a county; and
(2) after the dissolution of township government under
IC 36-6-6.1 becomes a member of the county fire department;
is a member of the 1977 fund without meeting the requirements
under sections 19 and 21 of this chapter. A firefighter described in
this subsection is entitled to receive credit for all years of service as
a member of the 1977 fund before becoming a member of the
county fire department.
(m) (n) A police officer or firefighter who is a member of the 1977
fund under subsection (k), or (l), or (m) may not be:
(1) retired for purposes of section 10 of this chapter; or
(2) disabled for purposes of section 12 of this chapter;
solely because of a change in employer under the consolidation.
(b) The sheriff may temporarily suspend an officer with or without pay for a period not exceeding fifteen (15) days, without a hearing before the board, after preferring charges of misconduct in writing delivered to the officer.
(c) A county police officer may not be dismissed, demoted, or temporarily suspended because of political affiliation nor after the officer's probationary period, except as provided in this section. Except as provided in IC 3-5-9, an officer may:
(1) be a candidate for elective office and serve in that office if elected;
(2) be appointed to an office and serve in that office if appointed; and
(3) except when in uniform or on duty, solicit votes or campaign funds for the officer or others.
(d) The board has subpoena powers enforceable by the circuit court for hearings under this section. An officer on probation may be dismissed by the sheriff without a right to a hearing.
(e) An appeal under subsection (a) must be taken by filing in court, within thirty (30) days after the date the decision is rendered, a verified complaint stating in a concise manner the general nature of the charges against the officer, the decision of the board, and a demand for the relief asserted by the officer. A bond must also be filed that guarantees the appeal will be prosecuted to a final determination and that the plaintiff will pay all costs only if the court finds that the board's decision should be affirmed. The bond must be approved as bonds for costs are approved in other cases. The county must be named as the sole defendant and the plaintiff shall have a summons issued as in other cases against the county. Neither the board nor the members of it may be made parties defendant to the complaint, but all are bound by service upon the county and the judgment rendered by the court.
(f) All appeals shall be tried by the court. The appeal shall be heard de novo only upon any new issues related to the charges upon which the decision of the board was made. Within ten (10) days after the service of summons, the board shall file in court a complete written transcript of all papers, entries, and other parts of the record relating to the particular case. Inspection of these documents by the person affected, or by the person's agent, must be permitted by the board before the appeal is filed, if requested. The court shall review the record and decision of the board on appeal.
(g) The court shall make specific findings and state the conclusions of law upon which its decision is made. If the court finds that the decision of the board appealed from should in all things be affirmed, its judgment should so state. If the court finds that the decision of the board appealed from should not be affirmed in all things, then the court shall make a general finding, setting out sufficient facts to show the nature of the proceeding and the court's decision on it. The court shall
either:
(1) reverse the decision of the board; or
(2) order the decision of the board to be modified.
(h) The final judgment of the court may be appealed by either party.
Upon the final disposition of the appeal by the courts, the clerk shall
certify and file a copy of the final judgment of the court to the board,
which shall conform its decisions and records to the order and
judgment of the court. If the decision is reversed or modified, then the
board shall pay to the party entitled to it any salary or wages withheld
from the party pending the appeal and to which the party is entitled
under the judgment of the court.
(i) Either party shall be allowed a change of venue from the court or
a change of judge in the same manner as such changes are allowed in
civil cases. The rules of trial procedure govern in all matters of
procedure upon the appeal that are not otherwise provided for by this
section.
(j) An appeal takes precedence over other pending litigation and
shall be tried and determined by the court as soon as practical.
(1) Fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, and real property within the boundaries of the district.
(2) Fire prevention, including identification and elimination of all potential and actual sources of fire hazard.
(3) Other purposes or functions related to fire protection and fire prevention.
(b) Any area may be established as a fire protection district, but one (1) part of a district may not be completely separate from another part. A municipality may be included in a district, but only if it consents by ordinance, unless a majority of the freeholders of the municipality have petitioned to be included in the district.
(c) Except as provided in subsection (d), the territory of a district may consist of:
(1) one (1) or more townships and parts of one (1) or more townships in the same county; or
(2) all of the townships in the same county.
The boundaries of a district need not coincide with those of other political subdivisions.
(d) The territory of a district may consist of a municipality that is located in more than one (1) county.
(e) The dissolution of township government under IC 36-6-6.1 and the transfer of fire protection responsibilities to counties under IC 36-2-21 and IC 36-8-13.7 (effective January 1, 2015) do not terminate a fire protection district in existence under this chapter as of January 1, 2015. On January 1, 2015, a county not having a consolidated city shall assume any powers, duties, rights, and obligations under this chapter of each township in the county participating in a district.
(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 and (after December 31, 2014) IC 36-8-13.7, 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,
(3) shall appoint, fix the compensation, and prescribe the duties of a fiscal officer, secretarial staff, persons performing special and temporary services or providing legal counsel, and other personnel considered necessary for the proper functioning of the district; however, a person appointed as fiscal officer must be bonded by good and sufficient sureties in an amount ordered by the county legislative body to protect the district from financial loss;
(4) shall exercise general supervision of and make regulations for the administration of the district's affairs;
(5) shall prescribe uniform rules pertaining to investigations and hearings;
(6) shall supervise the fiscal affairs and responsibilities of the district;
(7) may delegate to employees of the district the authority to perform ministerial acts, except in cases in which final action of the board is necessary;
(8) shall keep accurate and complete records of all departmental proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents of the district;
(9) shall make an annual report to the executive and the fiscal body of the county that at least lists the financial transactions of the district and a statement of the progress in accomplishing the purposes for which the district has been established;
(10) shall adopt a seal and certify all official acts;
(11) may sue and be sued collectively by its legal name ("Board of Fire Trustees, __________ Fire Protection District"), with service of process made on the chairman of the board, but costs may not be taxed against the members individually in an action;
(12) may invoke any legal, equitable, or special remedy for the enforcement of this chapter or of proper action of the board taken in a court;
(13) shall prepare and submit to the fiscal body of the county an annual budget for operation and maintenance expenses and for the retirement of obligations of the district, subject to review and approval by the fiscal body;
(14) may, if advisable, establish one (1) or more advisory committees;
(15) may enter into agreements with and accept money from a federal or state agency and enter into agreements with a municipality located within or outside the district, whether or not the municipality is a part of the district, for a purpose compatible with the purposes for which the district exists and with the interests of the municipality;
(16) may accept gifts of money or other property to be used for the purposes for which the district is established;
(17) may levy taxes at a uniform rate on the real and personal property within the district;
(18) may issue bonds and tax anticipation warrants;
(19) may incur other debts and liabilities;
(20) may purchase or rent property;
(21) may sell services or property that are produced incident to the operations of the district making a fair and reasonable charge for it;
(22) may make contracts or otherwise enter into agreements with public or private persons and federal or state agencies for construction, maintenance, or operations of or in part of the district;
(23) may receive and disburse money; and
(24) may impose a false alarm fee or service charge under IC 36-8-13-4 or (after December 31, 2014) IC 36-8-13.7-7.
(b) Powers granted by this chapter may be used only to accomplish
the purpose or purposes as stated in the ordinance or resolution
establishing the district. However, an act of the board necessary and
proper to accomplish the purposes for which the district is established
is not invalid because it incidentally accomplishes a purpose other than
one for which the district is established.
(b) After December 31, 2014, this chapter:
(1) also applies to counties not having a consolidated city; and
(2) does not apply to a township located in a county not having a consolidated city.
(c) On January 1, 2015, a county not having a consolidated city shall assume the powers, duties, rights, and obligations under this chapter of each township in the county.
(1) that is responded to by the volunteer fire department; and
(2) that members of that volunteer fire department assisted in extinguishing, containing, or cleaning up.
(b) The volunteer fire department shall bill the owner or responsible party of the vehicle for the total dollar value of the assistance that was provided, with that value determined by a method that the state fire
marshal shall establish under IC 36-8-12-16. A copy of the fire incident
report to the state fire marshal must accompany the bill. This billing
must take place within thirty (30) days after the assistance was
provided. The owner or responsible party shall remit payment directly
to the governmental unit providing the service. Any money that is
collected under this section may be:
(1) deposited in the township firefighting fund established in
IC 36-8-13-4 or the county firefighting fund established under
IC 36-8-13.7-5;
(2) used to pay principal and interest on a loan made by the
department of homeland security established by IC 10-19-2-1 or
a division of the department for the purchase of new or used
firefighting and other emergency equipment or apparatus; or
(3) used for the purchase of equipment, buildings, and property
for firefighting, fire protection, and other emergency services.
(c) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department shall
send all bills, notices, and other related materials to both the fire
department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's fee
schedule must be itemized separately from any other charges.
(f) The volunteer fire department may maintain a civil action to
recover an unpaid charge that is imposed under subsection (a).
(1) At the following times, the department gives notice under IC 5-3-1-4(d) in each political subdivision served by the department of the amount of the service charge for each service that the department provides:
(A) Before the schedule of service charges is initiated.
(B) When there is a change in the amount of a service charge.
(2) The property owner has not sent written notice to the
department to refuse service by the department to the owner's
property.
(3) The bill for payment of the service charge:
(A) is submitted to the property owner in writing within thirty
(30) days after the services are provided; and
(B) includes a copy of a fire incident report in the form
prescribed by the state fire marshal, if the service was
provided for an event that requires a fire incident report.
(4) Payment is remitted directly to the governmental unit
providing the service.
(b) A volunteer fire department shall use the revenue collected from
the fire service charges under this section:
(1) for the purchase of equipment, buildings, and property for
firefighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting fund established under
IC 36-8-13-4 or the county firefighting fund established under
IC 36-8-13.7-5; or
(3) to pay principal and interest on a loan made by the department
of homeland security established by IC 10-19-2-1 or a division of
the department for the purchase of new or used firefighting and
other emergency equipment or apparatus.
(c) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department shall
send all bills, notices, and other related materials to both the fire
department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's fee
schedule must be itemized separately from any other charges.
(f) If at least twenty-five percent (25%) of the money received by a
volunteer fire department for providing fire protection or emergency
services is received under one (1) or more contracts with one (1) or
more political subdivisions (as defined in IC 34-6-2-110), the
legislative body of a contracting political subdivision must approve the
schedule of service charges established under subsection (a) before the
schedule of service charges is initiated in that political subdivision.
(g) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire
protection or emergency services; and
(2) charges for services under this section;
must submit a report to the legislative body of the political subdivision
before April 1 of each year indicating the amount of service charges
collected during the previous calendar year and how those funds have
been expended.
(h) The state fire marshal shall annually prepare and publish a
recommended schedule of service charges for fire protection services.
(i) The volunteer fire department or its agent may maintain a civil
action to recover an unpaid service charge under this section.
(1) an alarm caused by improper installation or improper maintenance; or
(2) a drill or test, if the fire department is not previously notified that the alarm is a drill or test.
However, if the owner of property that constitutes the owner's residence establishes that the alarm is under a maintenance contract with an alarm company and that the alarm company has been notified of the improper installation or maintenance of the alarm, the alarm company is liable for the payment of the fee or service charge.
(b) Before establishing a false alarm service charge, the volunteer fire department must provide notice under IC 5-3-1-4(d) in each political subdivision served by the department of the amount of the false alarm service charge. The notice required by this subsection must be given:
(1) before the false alarm service charge is initiated; and
(2) before a change in the amount of the false alarm service charge.
(c) A volunteer fire department may not collect a false alarm service charge from a property owner or alarm company unless the department's bill for payment of the service charge:
(1) is submitted to the property owner in writing within thirty (30) days after the false alarm; and
(2) includes a copy of a fire incident report in the form prescribed by the state fire marshal.
(d) A volunteer fire department shall use the money collected from the false alarm service charge imposed under this section:
(1) for the purchase of equipment, buildings, and property for fire fighting, fire protection, or other emergency services;
(2) for deposit in:
(A) before January 1, 2015, the township firefighting fund established under IC 36-8-13-4; or
(B) after December 31, 2014, the township firefighting fund established under IC 36-8-13-4 (in the case of a township that is located in a county having a consolidated city and that has not consolidated the township's fire department under IC 36-3-1-6.1) or the county firefighting fund established under IC 36-8-13.7-5 (in the case of a county not having a consolidated city); or
(3) to pay principal and interest on a loan made by the department of homeland security established by IC 10-19-2-1 or a division of the department for the purchase of new or used firefighting and other emergency equipment or apparatus.
(e) If at least twenty-five percent (25%) of the money received by a volunteer fire department for providing fire protection or emergency services is received under one (1) or more contracts with one (1) or more political subdivisions (as defined in IC 34-6-2-110), the legislative body of a contracting political subdivision must approve the false alarm service charge established under subsection (a) before the service charge is initiated in that political subdivision.
(f) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire protection or emergency services; and
(2) imposes a false alarm service charge under this section;
must submit a report to the legislative body of the political subdivision before April 1 of each year indicating the amount of false alarm charges collected during the previous calendar year and how those funds have been expended.
(g) The volunteer fire department may maintain a civil action to recover unpaid false alarm service charges imposed under this section.
(1) is established under IC 36-8-2-3,
(2) employs:
(A) both full-time paid members and volunteer members; or
(B) only full-time paid members.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. (a) Money collected
under this chapter must be deposited in one (1) of the following:
(1) The general fund of the unit that established the fire
department under IC 36-8-2-3, or IC 36-8-13-3(a)(1), or
IC 36-8-13.7-4(a)(1).
(2) A hazardous materials response fund established under section
8.1 of this chapter by a city or town having a fire department
established under IC 36-8-2-3.
(b) Money collected under this chapter may be used only for the
following:
(1) Purchase of supplies and equipment used in providing
hazardous materials emergency assistance under this chapter.
(2) Training for members of the fire department in skills
necessary for providing hazardous materials emergency assistance
under this chapter.
(3) Payment to persons with which the fire department contracts
to provide services related to the hazardous materials emergency
assistance provided by the fire department under this chapter.
(1) to a township in which the fire department of the township has been consolidated under IC 36-3-1-6.1; or
(2) after December 31, 2014, to a township located in a county not having a consolidated city.
Chapter 13.6. County Fire Protection and Emergency Services Plan
Sec. 1. This chapter does not apply to a county having a consolidated city.
Sec. 2. As used in this chapter, "county plan" means a county fire protection and emergency services plan.
Sec. 3. (a) The county board of trustees shall before July 1, 2012, prepare a county plan and submit the county plan to the county legislative body for review and approval.
(b) Except as provided in subsection (c), after a county legislative body receives a county plan submitted under subsection (a), the county legislative body shall review the county plan during at least two (2) public meetings at which the public and any
interested parties shall have the opportunity to comment on the
county plan.
(c) If a county board of trustees does not prepare and submit a
county plan to the county legislative body before July 1, 2012, the
county legislative body shall instead prepare the proposed county
plan. The public meeting and comment provisions of subsection (b)
apply to a plan prepared under this subsection.
Sec. 4. (a) A county legislative body shall before January 1,
2013, adopt an ordinance finally approving:
(1) the county plan as submitted by the county board of
trustees under section 3(a) of this chapter;
(2) the county plan as subsequently amended by the county
legislative body after the county plan is submitted by the
county board of trustees under section 3(a) of this chapter; or
(3) the county plan as prepared by the county legislative body
under section 3(c) of this chapter.
(b) If a county legislative body does not adopt an ordinance
finally approving a county plan under subsection (a) before
January 1, 2013, the division of fire and building safety established
by IC 10-19-7-1 shall instead adopt the county plan for that county.
Sec. 5. A county legislative body may periodically amend the
ordinance setting forth the county plan.
Sec. 6. (a) A county plan must provide that after December 31,
2014, the county is responsible for fire protection and emergency
services in the unincorporated area of the county.
(b) A county plan must include the following:
(1) A comprehensive plan providing for fire protection,
emergency medical services, and hazardous materials
response in the unincorporated area of the county in an
efficient and cost effective manner. The plan must describe
the facilities, equipment, and personnel that will be used to
provide fire protection and emergency services in the
unincorporated area of the county.
(2) A description of the standards of service and protocols for
fire protection and emergency service.
(3) A plan specifying the transition of fire protection and
emergency services from existing township fire departments
and other providers of fire protection and emergency services
to county administered fire protection and emergency services
in the unincorporated area of the county.
(4) A description of:
(A) the organization of the county fire department; and
(B) any residency requirements that will apply to members
of the county fire department.
(5) A description of any fire protection districts, fire
protection territories, volunteer fire departments, or other
units of government that will be established or used to provide
fire protection service or with which the county will contract
or otherwise enter into an agreement for fire protection and
emergency services. The county plan must provide that the
executive of the county will provide for fire protection and
emergency services in the unincorporated area of the county
through any combination of the following:
(A) The operation of a county fire department.
(B) Contracting with or otherwise cooperating with any
municipality, county, fire protection district, volunteer fire
department, fire protection territory, or other entity.
Chapter 13.7. County Fire Protection and Emergency Services
Sec. 1. This chapter does not apply to a county having a consolidated city.
Sec. 2. As used in this chapter, "county plan" means a county fire protection and emergency services plan approved under IC 36-8-13.6.
Sec. 3. Beginning January 1, 2015, the executive of a county shall provide for fire protection and emergency services in the unincorporated area of the county in the manner specified in the county plan.
Sec. 4. (a) The executive of a county, with the approval of the county fiscal body, may do the following in carrying out the county's responsibility to provide fire protection and emergency services in the unincorporated area of the county after December 31, 2014:
(1) Purchase firefighting and emergency services apparatus and equipment for the county, provide for the housing, care, maintenance, operation, and use of the apparatus and equipment to provide services within the unincorporated area of the county, and employ full-time or part-time personnel to operate the apparatus and equipment and to provide services in that area. Preference in employment under this section shall be given according to the following priority:
(A) A war veteran who has been honorably discharged
from the United States armed forces.
(B) A person whose mother or father was a:
(i) firefighter of a unit;
(ii) municipal police officer; or
(iii) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
A person described in this subdivision may not receive a
preference for employment unless the person applies for
employment and meets all employment requirements
prescribed by law, including physical and age requirements,
and all employment requirements prescribed by the fire
department.
(2) Contract in accordance with IC 36-1-7 with a municipality
in the county or in a contiguous county that maintains
adequate firefighting or emergency services apparatus and
equipment to provide fire protection or emergency services.
(3) Cooperate in accordance with IC 36-1-7 with a
municipality in the county or in a contiguous county in the
purchase, maintenance, and upkeep of firefighting or
emergency services apparatus and equipment for use in the
municipality and county.
(4) Contract with a volunteer fire department for the use and
operation of firefighting apparatus and equipment that has
been purchased by the county in order to save the private and
public property of the county from destruction by fire,
including use of the apparatus and equipment in an adjoining
county by the volunteer fire department if the volunteer fire
department has made a contract with the executive of the
adjoining county to furnish firefighting service within the
county.
(5) Contract with a volunteer fire department that maintains
adequate firefighting service in accordance with IC 36-8-12.
(b) This subsection applies only to a municipality whose
municipal territory is completely within a county and that does not
have a full-time paid fire department. The county may provide fire
protection or emergency services, or both, without contracts inside
the corporate boundaries of the municipality if before July 1 of a
year the following occur:
(1) The legislative body of the municipality adopts an
ordinance to have the county provide the services without a
contract.
(2) The county fiscal body passes a resolution approving the
county's provision of the services to the municipality without
a contract.
In a county providing services to a municipality under this section,
the legislative body of a municipality in the county, the county
fiscal body, or the county executive may opt out of participation
under this subsection by adopting an ordinance or resolution
before July 1 of a year.
Sec. 5. (a) Each county shall establish a county firefighting fund
that is the exclusive fund used by the county for the payment of
costs attributable to providing fire protection or emergency
services under section 4 of this chapter and for no other purposes.
The money in the fund may be paid out by the county executive
upon appropriation by the county fiscal body.
(b) Each county may levy, for property taxes due in 2015 and
thereafter, a tax for the county firefighting fund. Other than a
county providing fire protection or emergency services, or both, to
municipalities in the county under section 4(b) of this chapter, the
tax levy is on all taxable real and personal property in the county
that is outside the corporate boundaries of municipalities. Subject
to the levy limitations under IC 6-1.1-18.5, the county levy must be
in an amount sufficient to pay all costs attributable to fire
protection and emergency services that are not paid from other
revenues available to the fund. The tax rate and levy must be
established in accordance with the procedures set forth in
IC 6-1.1-17.
(c) In addition to the tax levy under this section and service
charges received under IC 36-8-12-13 and IC 36-8-12-16, the
executive may accept donations to the county for firefighting and
other emergency services and shall place the donations in the
county firefighting fund, keeping an accurate record of the sums
received. A person may also donate partial payment of any
purchase of firefighting or other emergency services equipment
made by the county.
Sec. 6. (a) This section applies to a county that provides fire
protection or emergency services, or both, to a municipality in the
county under section 4(b) of this chapter.
(b) With the consent of the county fiscal body, the county
executive shall pay the expenses for fire protection and emergency
services in the county, both inside and outside the corporate
boundaries of participating municipalities, from any combination
of the following county funds, regardless of when the funds were
established:
(1) The county firefighting fund under section 5(a) of this chapter.
(2) The cumulative building and equipment fund under IC 36-8-14.
(3) The debt fund for taxes levied under section 10 of this chapter.
(c) Subject to the levy limitations under IC 6-1.1-18.5, the tax rate and levy for the county firefighting fund, the cumulative building and equipment fund, or the debt fund must be in an amount sufficient to pay all costs attributable to fire protection or emergency services that are provided to the county and the participating municipalities that are not paid from other available revenues. The tax rate and levy for each fund must be established in accordance with the procedures set forth in IC 6-1.1-17 and apply both inside and outside the corporate boundaries of participating municipalities.
(d) The county executive may accept donations for firefighting and emergency services. The county executive shall place donations in the county firefighting fund. A person may donate partial payment of a purchase of firefighting or emergency services equipment made by the county.
Sec. 7. (a) If a fire department serving a county dispatches fire apparatus or personnel to a building or premises in the county in response to:
(1) an alarm caused by improper installation or improper maintenance of the alarm; or
(2) a drill or test, if the fire department is not previously notified that the alarm is a drill or test;
the county may impose a fee or service charge upon the owner of the property. However, if the owner of property that constitutes the owner's residence establishes that the alarm is under a maintenance contract with an alarm company and that the alarm company has been notified of the improper installation or maintenance of the alarm, the alarm company is liable for the payment of the fee or service charge.
(b) The amount of a fee or service charge imposed under subsection (a) shall be determined by the county legislative body. All money received by the county from the fee or service charge must be deposited in the county's firefighting fund established under section 5 of this chapter.
Sec. 8. (a) For counties and municipalities that elect to have the county provide fire protection and emergency services under
section 4(b) of this chapter, the department of local government
finance shall adjust each county's and each municipality's
maximum permissible ad valorem property tax levy in the year
following the year in which the election is made, as determined
under IC 6-1.1-18.5-3, to reflect the change from provision of fire
protection under a contract between the municipality and the
county to imposition by the county of a property tax levy on the
taxable property located within the corporate boundaries of each
municipality. Each municipality's maximum permissible ad
valorem property tax levy shall be reduced by the amount of the
municipality's property tax levy that was imposed by the
municipality to meet the obligations to the county under the fire
protection contract. The county's maximum permissible ad
valorem property tax levy shall be increased by the product of:
(1) the assessed value growth quotient determined under
IC 6-1.1-18.5-2 for the ensuing calendar year; multiplied by
(2) the amount the county received:
(A) in the year in which the election is made; and
(B) as fire protection contract payments from all
municipalities whose levy is decreased under this section.
(b) For purposes of determining a county's or municipality's
maximum permissible ad valorem property tax levy under
IC 6-1.1-18.5-3 for years following the first year after the year in
which the election is made, a county's or municipality's maximum
permissible ad valorem property tax levy is the levy after the
adjustment made under subsection (a).
Sec. 9. After a sufficient appropriation has been made and
approved and is available for the purchase of firefighting
apparatus and equipment, including housing, the county executive,
with the approval of the county fiscal body, may purchase
firefighting apparatus and equipment for the county on an
installment conditional sale or mortgage contract running for a
period not exceeding:
(1) six (6) years; or
(2) fifteen (15) years for a county that is purchasing the
firefighting equipment with funding from the:
(A) state or its instrumentalities; or
(B) federal government or its instrumentalities.
The purchase must be amortized in equal or approximately equal
installments payable on January 1 and July 1 each year.
Sec. 10. (a) Subject to section 11 of this chapter and subject to
approval of the county fiscal body, the county executive and county
legislative body, on behalf of the county, also may borrow the
money necessary to make a purchase of firefighting apparatus and
equipment from a financial institution in Indiana on the terms
described in section 9 of this chapter. The county executive and
county legislative body shall, on behalf of the county, execute and
deliver to the institution the negotiable note or bond of the county
for the sum borrowed. The note or bond must bear interest, with
both principal and interest payable in equal or approximately
equal installments on January 1 and July 1 each year over a period
not exceeding six (6) years.
(b) The first installment of principal and interest on a contract,
chattel mortgage, note, or bond is due on the next January 1 or
July 1 following the first tax collection for which it is possible for
the county to levy a tax. The county fiscal body shall levy a tax each
year sufficient to pay the obligation according to its terms and shall
appropriate the proceeds of the tax for this purpose. An obligation
of the county executed under this chapter is a valid and binding
obligation of the county.
Sec. 11. (a) If the county executive and the legislative body
determine that money should be borrowed under section 10 of this
chapter, not less than ten (10) taxpayers in the county who disagree
with the determination may file a petition in the office of the
county auditor not more than thirty (30) days after notice of the
determination is given. The petition must state the taxpayers'
objections and the reasons why the taxpayers believe the
borrowing to be unnecessary or unwise.
(b) The county auditor shall immediately certify a copy of the
petition, together with other data necessary to present the
questions involved, to the department of local government finance.
Upon receipt of the certified petition and other data, the
department of local government finance shall fix a date, time, and
place for the hearing of the matter. The hearing shall be held not
less than five (5) and not more than thirty (30) days after the
receipt of the certified documents.
(c) The hearing shall be held in the county where the petition
arose.
(d) Notice of the hearing shall be given by the department of
local government finance to the county and to the first ten (10)
petitioners listed on the petition by letter. The letter shall be sent
to each of the first ten (10) petitioners at the petitioner's usual
place of residence at least five (5) days before the date of the
hearing.
(e) A:
(1) taxpayer who signed a petition filed under subsection (a); or
(2) county against which a petition under subsection (a) is filed;
may petition for judicial review of the final determination of the department of local government finance under this section. The petition must be filed in the tax court not more than forty-five (45) days after the date of the department's final determination.
Sec. 12. (a) All purchases of firefighting apparatus and equipment under this chapter shall be made in the manner provided by statute for the purchase of county supplies. If the amount involved is sufficient to require notice under statutes for bids in connection with the purchase of apparatus or equipment, the notice must offer all bidders the opportunity of proposing to sell the apparatus or equipment to the county upon a conditional sale or mortgage contract.
(b) A bidder proposing to sell on a conditional sale or mortgage contract shall state in the bidder's bid the proposed interest rate and terms of the conditional sale or contract, to be considered by the county executive and legislative body in determining the best bid received.
(c) All bids submitted must specify the cash price at which the bidder proposes to sell the apparatus or equipment to the county so that the executive and legislative body may determine whether it is in the best interest of the county to purchase the apparatus or equipment on the terms of a conditional sale or mortgage contract proposed by the bidder or to purchase the apparatus or equipment for cash if sufficient funds are available or can be raised by negotiating a loan with a financial institution in accordance with section 10 of this chapter.
Sec. 13. A county having a regularly organized fire department employing full-time firefighters may procure at the county's expense:
(1) an insurance policy for each member of the department insuring the member against loss of life or dismemberment while in the performance of regularly assigned duties; and
(2) group insurance providing supplemental income protection for a member of the department who has been injured during the course of employment.
The insurance coverage shall be selected with the consent of the members and is supplemental to other benefits provided to an
injured member by law.
Sec. 14. (a) A county shall pay the expenses, as described in
subsection (b), necessary for the care of a full-time, paid firefighter
who:
(1) suffers an injury; or
(2) contracts an illness;
during the performance of the firefighter's duty.
(b) The county shall pay for the following expenses incurred by
a firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents
and means.
(3) X-ray, diagnostic, and therapeutic services, including
during the recovery period.
(4) Hospital and special nursing care if the physician or
surgeon in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from
the county firefighting fund established under section 5 of this
chapter.
(d) A county that has paid for the care of a firefighter under
subsection (a) has a cause of action for reimbursement of the
amount paid under subsection (a) against any third party against
whom the firefighter has a cause of action for an injury sustained
because of, or an illness caused by, the third party. The county's
cause of action under this subsection is in addition to, and not in
lieu of, the cause of action of the firefighter against the third party.
Sec. 15. Notwithstanding section 5 of this chapter, a county
fiscal body may after December 31, 2014, authorize the county
executive to borrow a specified sum from a county fund other than
the county firefighting fund established under section 5 of this
chapter if the county fiscal body finds that an emergency requiring
the expenditure of money is related to paying the operating
expenses of a county fire department or a volunteer fire
department. The county fiscal body shall provide for payment of
the debt by imposing a levy to the credit of the fund from which the
amount was borrowed under this subsection.
(b) After December 31, 2014, this chapter:
(1) also applies to counties (other than a county having a
consolidated city); and
(2) does not apply to townships located in a county described
in subdivision (1).
However, a county described in subdivision (1) may before
January 1, 2015, take any action required under this chapter that
is necessary to provide for the cumulative building and equipment
fund to be established in 2015 and to impose the property tax levy
under this chapter beginning in 2015.
(b) As used in this section, "volunteer fire department" has the meaning set forth in IC 36-8-12-2.
(c) The legislative body of a unit or the board of fire trustees of a fire protection district may provide a cumulative building and equipment fund under IC 6-1.1-41 for the following purposes:
(1) The:
(A) purchase, construction, renovation, or addition to buildings; or
(B) purchase of land;
used by the fire department or a volunteer fire department serving the unit.
(2) The purchase of firefighting equipment for use of the fire department or a volunteer fire department serving the unit, including making the required payments under a lease rental with option to purchase agreement made to acquire the equipment.
(3) In a municipality, the purchase of police radio equipment.
(4) The:
(A) purchase, construction, renovation, or addition to a building;
(B) purchase of land; or
(C) purchase of equipment;
for use of a provider of emergency medical services under IC 16-31-5 to the unit establishing the fund.
(d) In addition to the requirements of IC 6-1.1-41, before a cumulative fund may be established by a township fire protection district, the county legislative body which appoints the trustees of the fire protection district must approve the establishment of the fund.
(e) This subsection does not apply to a county having a consolidated city. The following apply on January 1, 2015:
(1) A cumulative building and equipment fund is established
for each county. The adoption and approval provisions of
IC 6-1.1-41 do not apply to the establishment of the fund
under this subsection. The provisions of IC 6-1.1-41
concerning the adoption of a tax levy apply to the fund.
However, a county may before January 1, 2015, take any
action required under this chapter that is necessary to provide
for the cumulative building and equipment fund to be
established in 2015 and to impose the property tax levy under
this chapter beginning in 2015.
(2) Each cumulative building and equipment fund established
by a township in the county is abolished, and the balance in
the township's cumulative building and equipment fund shall
be transferred to the county's cumulative building and
equipment fund established under subdivision (1).
(b) As the tax is collected, it shall be deposited in a qualified public depository or depositories and held in a special fund to be known as:
(1) the "building or remodeling, firefighting, and police radio equipment fund" in the case of a municipality; or
(2) the "building or remodeling and fire equipment fund" in the case of a township, a county (after December 31, 2014, in the case of a county not having a consolidated city), or a fire protection district.
(b) As used in this section, "PSAP operator" means:
(1) a political subdivision; or
(2) an agency;
that operates a PSAP. The term does not include a state educational institution that operates a PSAP or an airport authority established for a county having a consolidated city.
(c) Subject to subsection (d), after December 31, 2014, a county
may not contain more than two (2) PSAPs, in the case of a county
having a consolidated city, or one (1) PSAP, in the case of a county
not having a consolidated city. However, a county may contain one
(1) or more PSAPs in addition to the number of PSAPs authorized by
this section, as long as any additional PSAPs are operated by:
(1) a state educational institution; or
(2) an airport authority established for a county having a
consolidated city.
(d) If, on March 15, 2008, July 1, 2011, a county does not contain
more than one (1) PSAP, not including any PSAP operated by an entity
described in subsection (c)(1) or (c)(2), an additional PSAP may not be
established or operated in the county on or after March 15, 2008, unless
the additional PSAP is established and operated by:
(1) a state educational institution; or
(2) in the case of a county having a consolidated city, an airport
authority established for the county. or
(3) the municipality having the largest population in the county or
an agency of that municipality.
(e) Before January 1, 2015, each PSAP operator in a county that
This subsection applies only to PSAP operators located in a county
having a consolidated city. If the county contains more than the
number of PSAPs authorized by subsection (c), each PSAP operator
in the county shall enter into an interlocal agreement under IC 36-1-7
with every other PSAP operator in the county to ensure that the county
does not contain more than the number of PSAPs authorized by
subsection (c) after December 31, 2014.
(f) This subsection applies only to an interlocal agreement
concerning PSAPs located in a county having a consolidated city.
An interlocal agreement required under subsection (e) may include as
parties, in addition to the PSAP operators required to enter into the
interlocal agreement under subsection (e), any of the following that
seek to be served by a county's authorized PSAPs after December 31,
2014:
(1) Other counties contiguous to the county.
(2) Other political subdivisions in a county contiguous to the
county.
(3) Other PSAP operators in a county contiguous to the county.
(g) This subsection applies only to an interlocal agreement
concerning PSAPs located in a county having a consolidated city.
An interlocal agreement required under subsection (e) must provide for
the following:
(1) A plan for the:
(A) consolidation;
(B) reorganization; or
(C) elimination;
of one (1) or more of the county's PSAPs, as necessary to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.
(2) A plan for funding and staffing the PSAP or PSAPs that will serve:
(A) the county; and
(B) any areas contiguous to the county, if additional parties described in subsection (f) participate in the interlocal agreement;
after December 31, 2014.
(3) Subject to any applicable state or federal requirements, protocol to be followed by the county's PSAP or PSAPs in:
(A) receiving incoming 911 calls; and
(B) dispatching appropriate public safety agencies to respond to the calls;
after December 31, 2014.
(4) Any other matters that the participating PSAP operators or parties described in subsection (f), if any, determine are necessary to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.
(h) This subsection applies only to PSAP operators located in a county not having a consolidated city. PSAP operators shall adopt an interlocal agreement that provides for the following:
(1) The agreement must provide for the funding and staffing of the PSAP that after December 31, 2014, will serve the county and (if additional parties participate in the PSAP through interlocal agreement) any areas contiguous to the county.
(2) The agreement must provide that, to the extent property taxes are used to fund the PSAP, those property taxes shall (beginning with property taxes first due and payable after December 31, 2014) be imposed at a uniform rate throughout the county.
(3) Subject to any applicable state or federal requirements, the agreement must specify the protocol to be followed by the county's PSAP in:
(A) receiving incoming 911 calls; and
(B) dispatching appropriate public safety agencies to respond to the calls;
after December 31, 2014.
(4) The agreement must address any other matters that are necessary to ensure that the county does not contain more than one (1) PSAP after December 31, 2014.
(b) The following apply if a township is a participating unit in a fire protection territory as of January 1, 2015:
(1) Subject to subdivision (2), on January 1, 2015, the county shall assume the powers, duties, rights, responsibilities, and obligations under this chapter previously held by the township that was a participating unit.
(2) A county legislative body may withdraw as otherwise provided in this chapter from the fire protection territory, as specified in the county fire protection and emergency services plan.
(3) The department of local government finance shall make any necessary adjustments to the maximum permissible ad valorem property tax levy for the county firefighting fund to account for any transfer of powers, duties, rights, responsibilities, and obligations under this section.
(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) This subsection does not apply to a county having a consolidated city. A township may not after December 31, 2011, establish a fire protection territory without the approval of the legislative body of the county in which the township is located.
(b) The fund consists of the following:
(1) All receipts from the tax imposed under this section.
(2) Any money transferred to the fund by the provider unit as authorized under subsection (d).
(3) Any receipts from a false alarm fee or service charge imposed by the participating units under IC 36-8-13-4 or IC 36-8-13.7-7.
(4) Any money transferred to the fund by a participating unit under section 8.6 of this chapter.
(c) The provider unit, with the assistance of each of the other participating units, shall annually budget the necessary money to meet the expenses of operation and maintenance of the fire protection services within the territory, plus a reasonable operating balance, not to exceed twenty percent (20%) of the budgeted expenses. Except as provided in IC 6-1.1-18.5-10.5, after estimating expenses and receipts of money, the provider unit shall establish the tax levy required to fund the estimated budget. The amount budgeted under this subsection shall be considered a part of each of the participating unit's budget.
(d) If the amount levied in a particular year is insufficient to cover the costs incurred in providing fire protection services within the territory, the provider unit may transfer from available sources to the fire protection territory fund the money needed to cover those costs. In this case:
(1) the levy in the following year shall be increased by the amount
required to be transferred; and
(2) the provider unit is entitled to transfer the amount described
in subdivision (1) from the fund as reimbursement to the provider
unit.
(e) If the amount levied in a particular year exceeds the amount
necessary to cover the costs incurred in providing fire protection
services within the territory, the levy in the following year shall be
reduced by the amount of surplus money that is not transferred to the
equipment replacement fund established under section 8.5 of this
chapter. The amount that may be transferred to the equipment
replacement fund may not exceed five percent (5%) of the levy for that
fund for that year. Each participating unit must agree to the amount to
be transferred by adopting an ordinance (if the unit is a county or
municipality) or a resolution (if the unit is a township) that specifies an
identical amount to be transferred.
(f) The tax under this section is subject to the tax levy limitations
imposed under IC 6-1.1-18.5-10.5.
