Bill Text: IN HB1573 | 2011 | Regular Session | Introduced
Bill Title: County government.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Government and Regulatory Reform [HB1573 Detail]
Download: Indiana-2011-HB1573-Introduced.html
Citations Affected: IC 5-13-9; IC 6-1.1-4-31; IC 8-5-15-8;
IC 8-10-5-2; IC 10-17-9-3; IC 12-20-20-2; IC 12-30-1; IC 14-29-7;
IC 20-45-8; IC 22-9-1-12.1; IC 23-14-62; IC 32-26-2-2; IC 34-17-2-1;
IC 36-1; IC 36-2; IC 36-3-3-10.
Synopsis: County government. Provides that after December 31, 2012,
in all counties other than Marion County, the county board of
commissioners is the county executive and the county council is the
county legislative body. Specifies that after December 31, 2012, certain
powers currently exercised by a county's board of commissioners shall
be exercised by the county council. Specifies that, in counties other
than Marion County, the budget estimates of each county officer, each
court, and all other county departments and agencies shall be submitted
to the county executive. Provides that the county executive shall review
the budget estimates and adopt a consolidated budget estimate for the
county that includes budget estimates for all county officers,
departments, and agencies. Requires the county auditor to present the
consolidated budget estimate for the county to the county fiscal body
for adoption. Provides that the executive of each county (other than
Marion County) shall before January 1, 2013, adopt a policy and
procedures manual that applies to all county officers, officials, and
employees other than judges. Specifies that the county executive shall
include in the manual those policy and procedures that the county
executive believes are appropriate to guide the actions of county
officers, officials, and employees in conducting the business of county
government. Requires that the manual must include a county ethics
policy. Provides that not later than July 1, 2012, the office of the
attorney general shall develop a model ethics policy to assist county
executives in adopting the county ethics policy.
Effective: July 1, 2011; January 1, 2012.
January 20, 2011, read first time and referred to Committee on Government and Regulatory
Reform.
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.
(b) The treasurer of state may invest funds under section 2.5 of this chapter.
(c) The funds that may be invested under this chapter include money raised by bonds issued for a future specific purpose, sinking funds, depreciation reserve funds, gift, bequest or endowment, and any other funds available for investment.
(b) With respect to any money to be invested in a deposit account under subsection (a), the investing officer shall solicit quotes for the certificates of deposit from at least three (3) depositories. If only one (1) depository has been designated for the political subdivision by its local board of finance, a quote must be solicited from that depository. If two (2) or more depositories have been designated for the political subdivision by its local board of finance, at least two (2) quotes must be solicited from the depositories thus designated. The quotes may be solicited and taken by telephone. A memorandum of all quotes solicited and taken shall be retained by the investing officer as a public record of the political subdivision under IC 5-14-3.
(c) If a deposit is not placed in the designated depository quoting the highest rate of interest, the investing officer shall follow the procedures and priority for placing deposits that are set forth in section 4 of this chapter and note the reason for placing the deposit on the memorandum of quotes.
(b) Interest from the following investments shall be receipted as follows:
(1) Interest from investments of funds of a political subdivision that are traceable to United States government funds must be receipted to the fund of which they are a part, if required by
federal law or regulation.
(2) Interest from investments of funds controlled by court orders
must be receipted to that fund unless otherwise designated by the
court order.
(c) Each county treasurer, if authorized by the board of county
commissioners (before January 1, 2013) or the county council (after
December 31, 2012) may invest tax collections under this chapter
pending distribution of the collections to political subdivisions. These
investments may not:
(1) exceed the amount available after giving consideration to
taxes which may need to be advanced to any political subdivision;
or
(2) be made in deposit accounts or repurchase agreements, the
maturity dates of which are later than the time when the tax
collections are required by law to be distributed to political
subdivisions.
(d) The interest received on the investments made under subsection
(c) shall be receipted to the county general fund or any other fund from
which expenses incurred in the maintenance of county highways may
be paid. The county fiscal body (as defined in IC 36-1-2-6) shall
determine the allocation of this interest among the general fund and the
various highway funds into which the interest may be deposited.
(e) Any political subdivision may apply the interest derived from the
investment of the proceeds from bonded indebtedness or local tax
levies to the appropriate redemption bond interest or sinking fund for
the bonded indebtedness.
(f) If meter deposits of a municipally owned utility are invested, the
interest earned on the investment may be applied to and used in the
operation or depreciation fund of the municipally owned utility as
determined by its governing body.
(g) Interest from the investment of the public funds of a political
subdivision may not be paid personally or for the benefit of any public
officer.
(1) a general reassessment of property;
(2) work required to be performed by local officials under 50 IAC 21; and
(3) other property assessment activities in the county, as determined by the department.
The department of local government finance may inform township assessors (if any), county assessors, and the presidents of county councils in writing if its check reveals that the general reassessment or other property assessment activities are not being properly conducted, work required to be performed by local officials under 50 IAC 21 is not being properly conducted, or property assessments are not being properly made.
(b) The failure of the department of local government finance to inform local officials under subsection (a) shall not be construed as an indication by the department that:
(1) the general reassessment or other property assessment activities are being properly conducted;
(2) work required to be performed by local officials under 50 IAC 21 is being properly conducted; or
(3) property assessments are being properly made.
(c) If the department of local government finance:
(1) determines under subsection (a) that a general reassessment or other assessment activities for a general reassessment year or any other year are not being properly conducted; and
(2) informs:
(A) the township assessor (if any) of each affected township;
(B) the county assessor; and
(C) the president of the county council;
in writing under subsection (a);
the department may order a state conducted assessment or reassessment under section 31.5 of this chapter to begin not less than sixty (60) days after the date of the notice under subdivision (2).
(d) If the department of local government finance:
(1) determines under subsection (a) that work required to be performed by local officials under 50 IAC 21 is not being properly conducted; and
(2) informs:
(A) the township assessor of each affected township (if any);
(B) the county assessor; and
(C) the president of the county council;
in writing under subsection (a);
the department may conduct the work or contract to have the work conducted to begin not less than sixty (60) days after the date of the notice under subdivision (2). If the department determines during the period between the date of the notice under subdivision (2) and the proposed date for beginning the work or having the work conducted that work required to be performed by local officials under 50 IAC 21
is being properly conducted, the department may rescind the order.
(e) If the department of local government finance contracts to have
work conducted under subsection (d), the department shall forward the
bill for the services to the county and the county shall pay the bill under
the same procedures that apply to county payments of bills for
assessment or reassessment services under section 31.5 of this chapter.
(f) A county council president who is informed by the department
of local government finance under subsection (a) shall provide the
information to the board of county commissioners (before January 1,
2013) or to the county council (after December 31, 2012). A board
of county commissioners or county council that receives information
under this subsection may adopt an ordinance (before January 1,
2013, in the case of a board of county commissioners, or after
December 31, 2012, in the case of a county council) to do either or
both of the following:
(1) Determine that:
(A) the information indicates that the county assessor has
failed to perform adequately the duties of county assessor; and
(B) by that failure the county assessor forfeits the office of
county assessor and is subject to removal from office by an
information filed under IC 34-17-2-1(b).
(2) Determine that:
(A) the information indicates that one (1) or more township
assessors in the county have failed to perform adequately the
duties of township assessor; and
(B) by that failure the township assessor or township assessors
forfeit the office of township assessor and are subject to
removal from office by an information filed under
IC 34-17-2-1(b).
(g) A city-county council that is informed by the department of local
government finance under subsection (a) may adopt an ordinance
making the determination or determinations referred to in subsection
(f).
operation.
(b) In the event the county is not a member of a district, a grant
authorized by this section may be distributed directly to a commuter
transportation system.
(b) In the exercise of the powers and authorities herein granted said port authority shall have power to make and enter into any and all contracts that may be necessary to effectuate the purposes of this chapter. Except as otherwise expressly provided by this chapter, a contract made by a port authority is not subject to ratification by any other board, body, or officer.
(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. After December 31,
2012, an action taken by the board of commissioners under this
subsection is subject to the approval of the county fiscal body.
(c) If the county commissioners determine to borrow the money or
otherwise provide the money under subsection (b) and, for actions
taken under subsection (b) after December 31, 2012, this action is
approved by the county fiscal body, the county fiscal body shall
promptly pass necessary ordinances and make the necessary
appropriations to enable this to be done, after determining whether to
borrow money by any of the following:
(1) A temporary loan against taxes levied and in the process of
collection.
(2) The sale of county township assistance bonds or other county
obligations.
(3) Any other lawful method of obtaining money for the payment
of township assistance claims.
(c) (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.
(1) Purchase a tract of real property in the name of the county.
(2) Build, establish, and organize a county home for the indigent on the tract of real property.
(3) Employ a humane and responsible individual who resides in the county, upon the terms and under the restrictions the board of commissioners considers most advantageous to the interests of the county, to take charge of the county home as superintendent.
(b) After December 31, 2012, the board of commissioners may
take an action under subsection (a) only if that action is approved
by the county council.
collect, and receive the tax.
(b) The receipts from the tax shall be credited into the fund and paid
from the fund by the county auditor to the qualified school
corporations.
(1) the levying, collecting, and receiving of the county supplemental school financing taxes; and
(2) the payment of the taxes into the fund;
for distribution under this chapter.
(b) The amount is the total of the entitlements of all qualified school corporations.
(c) The entitlement of each qualified school corporation calculated in a calendar year is an amount equal to the result determined under STEP TWO of the following formula:
STEP ONE: Calculate the quotient of:
(A) the total amount deposited in the fund in calendar year 1979 or the first year in which a deposit was made, whichever is later; divided by
(B) the total ADM of the immediately preceding school year of qualified school corporations that received money from the fund in 1979.
STEP TWO: Calculate the product of:
(A) the STEP ONE result; multiplied by
(B) the ADM of the immediately preceding school year of the qualified school corporation that received money from the
fund in 1979.
(b) If the board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) fails in any calendar year to levy the tax rate required by this chapter, the department of local government finance shall certify the amount of the tax levy to the county auditor. The certified rate shall be the tax for the calendar year. The tax shall be collected and received by the county treasurer in the same manner as other county property taxes are collected.
(1) every office, officer, board, commission, department, division, bureau, committee, fund, agency; and
(2) without limitation by reason of any enumeration in this section:
(A) every other instrumentality of the state, every hospital, every penal institution, and every other institutional enterprise and activity of the state, wherever located;
(B) the state educational institutions; and
(C) the judicial department of the state.
"State agency" does not mean counties, county offices of family and children, cities, towns, townships, school corporations (as defined in IC 20-18-2-16), or other municipal corporations, political subdivisions, or units of local government.
(b) Any city, town, or county is hereby authorized to adopt an ordinance or ordinances, which may include establishment or designation of an appropriate local commission, office, or agency to effectuate within its territorial jurisdiction the public policy of the state as declared in section 2 of this chapter without conflict with any of the provisions of this chapter. Any city or town may adopt such an ordinance or ordinances jointly with any other city or town located in the same county or jointly with that county. A city ordinance that establishes a local commission may provide that the members of the
commission are to be appointed solely by the city executive or solely
by the city legislative body or may provide for a combination of
appointments by the city executive and the city legislative body. The
board of commissioners (before January 1, 2013) or the county
council (after December 31, 2012) of each county is also authorized
to adopt ordinances in accordance with this section. An agency
established or designated under this section has no jurisdiction over the
state or any of its agencies.
(c) An ordinance adopted under this section may grant to the local
agency the power to:
(1) investigate, conciliate, and hear complaints;
(2) subpoena and compel the attendance of witnesses or
production of pertinent documents and records;
(3) administer oaths;
(4) examine witnesses;
(5) appoint hearing examiners or panels;
(6) make findings and recommendations;
(7) issue cease and desist orders or orders requiring remedial
action;
(8) order payment of actual damages, except that damages to be
paid as a result of discriminatory practices relating to employment
shall be limited to lost wages, salaries, commissions, or fringe
benefits;
(9) institute actions for appropriate legal or equitable relief in a
circuit or superior court;
(10) employ an executive director and other staff personnel;
(11) adopt rules and regulations;
(12) initiate complaints, except that no person who initiates a
complaint may participate as a member of the agency in the
hearing or disposition of the complaint; and
(13) conduct programs and activities to carry out the public policy
of the state, as provided in section 2 of this chapter, within the
territorial boundaries of a local agency.
(d) Any person who files a complaint with any local agency may not
also file a complaint with the civil rights commission concerning any
of the matters alleged in such complaint, and any person who files a
complaint with the civil rights commission may not also file a
complaint with any local agency concerning any of the matters alleged
in such complaint. Any complaint filed with the commission may be
transferred by the commission to any local agency having jurisdiction.
The local agency shall proceed to act on the complaint as if it had been
originally filed with the local agency as of the date that the complaint
was filed with the commission. Any complaint filed with a local agency
may be transferred by the local agency to the commission if the
commission has jurisdiction. The commission shall proceed to act on
the complaint as if it had been originally filed with the commission as
of the date that the complaint was filed with the local agency. Nothing
in this subsection shall affect such person's right to pursue any and all
other rights and remedies available in any other state or federal forum.
(e) A decision of the local agency may be appealed under the terms
of IC 4-21.5 the same as if it was a decision of a state agency.
(b) In the case of a petition filed after December 31, 2012, the board of commissioners shall forward the petition and a recommendation concerning the petition to the county council.
(1) as to the propriety of granting the request;
(2) as to the sufficiency of the surety;
(3) as to the good faith of the petitioners; and
(4) that a majority of the heads of families of the county are taking part;
may convey the cemetery to the cemetery corporation.
(b) This subsection applies after December 31, 2012. After considering the recommendation of the board of commissioners, the county council, if satisfied:
(1) as to the propriety of granting the request;
(2) as to the sufficiency of the surety;
(3) as to the good faith of the petitioners; and
(4) that a majority of the heads of families of the county are taking part;
may adopt a resolution requiring the board of commissioners to convey the cemetery to the cemetery corporation. If the county council adopts a resolution under this subsection, the board of commissioners shall convey the cemetery to the cemetery corporation as specified in the resolution.
applies in a township for which the board of county commissioners an
ordinance has been adopted an ordinance by the county legislative
body that allows domestic animals to run at large in unenclosed public
areas. If a domestic animal breaks into an enclosure or enters upon the
property of another person that is enclosed by a lawful fence, the
person injured by the actions of the domestic animal may recover the
amount of damage done.
(b) This subsection applies in a township for which the board of
county commissioners an ordinance has not been adopted an
ordinance by the county legislative body that allows domestic animals
to run at large in unenclosed public areas. If a domestic animal breaks
into an enclosure or enters upon the property of another person, it is not
necessary for the person injured by the actions of the domestic animal
to allege or prove the existence of a lawful fence to recover for the
damage done.
(1) by the prosecuting attorney in the circuit court of the proper county, upon the prosecuting attorney's own relation, whenever the prosecuting attorney:
(A) determines it to be the prosecuting attorney's duty to do so; or
(B) is directed by the court or other competent authority; or
(2) by any other person on the person's own relation, whenever the person claims an interest in the office, franchise, or corporation that is the subject of the information.
(b) The prosecuting attorney shall file an information in the circuit court of the county against the county assessor or a township assessor under IC 34-17-1-1(2) if:
(1) the board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) adopts an ordinance under IC 6-1.1-4-31(f); or
(2) the city-county council adopts an ordinance under IC 6-1.1-4-31(g).
(1) before January 1, 2013, 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;
(7) the governing body of any other political subdivision that has a governing body; or
(8) the chief executive officer of any other political subdivision that does not have a governing body.
(b) If there is no constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must either:
(1) if the unit is a county or municipality, adopt an ordinance prescribing a specific manner for exercising the power;
(2) if the unit is a township, adopt a resolution prescribing a specific manner for exercising the power; or
(3) comply with a statutory provision permitting a specific manner for exercising the power.
(c) An ordinance under subsection (b)(1) must be adopted as follows:
(1) In a municipality, by the legislative body of the municipality.
(2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by the legislative body of the county.
(3) Before January 1, 2013, in any other county, by the executive of the county.
(d) A resolution under subsection (b)(2) must be adopted by the legislative body of the township.
(1) a board of commissioners elected under this chapter for a county is the county executive; and
(2) the county council elected under IC 36-2-3 for the county is the county legislative body as well as the county fiscal body;
as provided in IC 36-2-3.5.
1, 2011]: Sec. 2.5. (a) After December 31, 2012, a county council
elected under this chapter for a county is the county legislative
body as well as the county fiscal body, as provided in IC 36-2-3.5.
(b) The provisions of the Indiana Code specifying that after
December 31, 2012, the county council is the county legislative
body as well as the county fiscal body do not affect the validity or
effect of:
(1) any ordinance or resolution adopted before January 1,
2013, by a board of commissioners under its authority as the
county legislative body; or
(2) any other action taken before January 1, 2013, by a board
of commissioners under its authority as the county legislative
body.
(1) a county having a population of:
(A) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(B) more than two hundred thousand (200,000) but less than three hundred thousand (300,000); and
(2) any other county not having a consolidated city, if both the county executive and the county fiscal body adopt identical ordinances providing for the county to be governed by this chapter beginning on a specified effective date.
(b) After December 31, 2012, this chapter applies to each county not having a consolidated city.
(1) the compensation of the officer;
(2) the expense of employing deputies;
(3) the expense of office supplies, itemized by the quantity and probable cost of each kind of supplies;
(4) the expense of litigation for the office; and
(5) other expenses of the office, specifically itemized;
that are payable out of the county treasury.
(b) If all or part of the expenses of a county office may be paid out of the county treasury, but only under an order of the county executive to that effect, the expenses of the office shall be included in the officer's budget estimate and may not be included in the county executive's budget estimate.
(1) the part of the judge's compensation that is, by statute, payable out of the county treasury;
(2) the compensation of the probate commissioner;
(3) the expense of employing bailiffs;
(4) the amount of jury fees;
(5) the amount of witness fees that are, by law, payable out of the county treasury;
(6) the expense of employing special judges; and
(7) other expenses of the court, specifically itemized.
(b) In addition to the estimates required by subsection (a), the clerk of the circuit court shall prepare an estimate of the amount of money that is, under law, taxable against the county for the expenses of cases tried in other counties on changes of venue.
(c) The estimate of the amount of money required for a court or division of a court is subject to modification and approval by the judge of the court or division and shall be submitted to him for that purpose before being presented to the county
(1) the expense of construction, repairs, supplies, employees, and agents, and other expenses at each building or institution maintained in whole or in part by money paid out of the county treasury;
(2) the expense of constructing and repairing bridges, itemized by the location of and amount for each bridge;
(3) the compensation of the attorney representing the county;
(4) the compensation of attorneys for indigents;
(5) the expenses of the county board of health;
(6) the expense of repairing county roads, itemized by the location of and amount for each repair project;
(7) the estimated number of precincts in the county and the amount required for election expenses, including compensation of election commissioners, inspectors, judges, clerks, and sheriffs, rent, meals, hauling and repair of voting booths and machines, advertising, printing, stationery, furniture, and supplies;
(8) the amount of principal and interest due on bonds and loans, itemized for each loan and bond issue;
(9) the amount required to pay judgments, settlements, and court costs;
(10) the expense of supporting inmates of benevolent or penal institutions;
(11) the expense of publishing delinquent tax lists;
(12) the amount of compensation of county employees that is payable out of the county treasury;
(13) the expenses of the county property tax assessment board of appeals; and
(14) other expenditures to be made by the executive or under its orders, specifically itemized.
(1) review the budget estimates submitted under this chapter;
(2) revise the budget estimates submitted under this chapter as the county executive considers appropriate;
(3) prepare a consolidated budget estimate for the county that includes individual budget estimates for all county officers, departments, and agencies; and
(4) submit the consolidated budget estimate for the county to the county auditor, who shall file
requirements of IC 6-1.1-17-3.
(b) At its annual meeting under IC 36-2-3-7(b)(2), the county fiscal body shall fix the county tax rate and make appropriations for the next calendar year by:
(1) adopting the ordinances presented by the county auditor;
(2) amending the ordinances presented by the county auditor; or
(3) substituting other ordinances for those presented by the county auditor.
Each ordinance must be read on at least two (2) separate days before its final adoption. The fiscal body may require the preparer of an estimate that is not sufficiently itemized to itemize it in more detail. At least a three-fourths (3/4) vote (as described in IC 36-1-8-14) of the fiscal body is required to make an appropriation for an item not contained in an estimate or for a greater amount than that named in an item of an estimate.
(c) At its annual meeting under IC 36-2-3-7(b)(2), the county fiscal body shall consider the statements and recommendations submitted by the county executive under section 4(b) of this chapter and shall then adopt an ordinance, separate from those adopted under subsection (b), fixing:
(1) the compensation of all officers, deputies and other employees subject to this chapter; and
(2) the number of deputies and other employees for each office, department, commission, or agency, except part-time and hourly rated employees, whose employment shall be limited only by the amount of funds appropriated to pay their compensation.
(b) The executive of each county subject to this section shall before January 1, 2013, adopt a policy and procedures manual that applies to all county officers, officials, and employees other than
judges. Subject to subsection (c), the county executive shall include
in the manual those policy and procedures that the county
executive believes are appropriate to guide the actions of county
officers, officials, and employees in conducting the business of
county government.
(c) The policy and procedures manual must include a county
ethics policy that applies to all county officers, officials, and
employees other than judges. The county ethics policy must
address:
(1) conflicts of interest;
(2) use of governmental property, equipment, and personnel;
(3) misuse of confidential information;
(4) compliance with applicable laws governing open meetings
and public records; and
(5) any other ethics issue that the county executive considers
appropriate to include.
(d) Not later than July 1, 2012, the office of the attorney general
shall develop a model ethics policy to assist county executives in
adopting a county ethics policy under subsection (c).
(b) The board of commissioners:
(1) shall make the appointments required by statute to be made by the board of commissioners of a county;
(2) shall perform the duties and exercise the powers prescribed by statutes pertaining to the issuance and payment of bonds of the county and the expenditure of the unexpended proceeds of those bonds; and
(3) may exercise the powers granted it by Article 9, Section 3 of the Constitution of the State of Indiana and by IC 12-30-3.
(c) Notwithstanding any other provision, an act enacted by the general assembly during the first regular session of the one hundred seventeenth general assembly to provide that the county council is both the county fiscal body and the county legislative body after December 31, 2012, does not affect the rights, powers, and duties of the board of commissioners in a county containing a consolidated city.
