Bill Text: IN SB0107 | 2012 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Deadline for adoption of salary ordinances.

Spectrum: Bipartisan Bill

Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [SB0107 Detail]

Download: Indiana-2012-SB0107-Engrossed.html



    Reprinted

February 21, 2012





ENGROSSED

SENATE BILL No. 107

_____


DIGEST OF SB 107 (Updated February 20, 2012 2:16 pm - DI 87)



Citations Affected: IC 36-2; IC 36-3; IC 36-4; IC 36-5; IC 36-6; IC 36-8.

Synopsis: Deadline for adoption of salary ordinances. Requires a second or third class city to adopt a salary ordinance not later than November 1 (instead of September 30) for the ensuing budget year. Allows the fiscal body of a county, city, or town to vote to reduce the salaries of the body's members in a year in which there is not an election of members. Removes the requirement that the vote of a township legislative body be unanimous in order to reduce the salaries of the members of the township legislative body.

Effective: July 1, 2012.





Zakas , Lawson C , Hume, Broden, Randolph
(HOUSE SPONSOR _ NEESE)




    January 4, 2012, read first time and referred to Committee on Local Government.
    January 26, 2012, amended, reported favorably _ Do Pass.
    January 31, 2012, read second time, amended, ordered engrossed.
    February 1, 2012, engrossed. Read third time, passed. Yeas 50, nays 0.

HOUSE ACTION

    February 9, 2012, read first time and referred to Committee on Local Government.
    February 16, 2012, reported _ Do Pass.
    February 20, 2012, read second time, amended, ordered engrossed.





Reprinted

February 21, 2012

Second Regular Session 117th General Assembly (2012)


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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 107



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-2-3-11; (12)ES0107.2.1. -->     SECTION 1. IC 36-2-3-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. In a year in which there is not an election of members to the county fiscal body, the county fiscal body may, by vote, reduce the salaries of the members of the county fiscal body by any amount.
SOURCE: IC 36-3-6-10; (12)ES0107.2.2. -->     SECTION 2. IC 36-3-6-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. In a year in which there is not an election of members to the city-county fiscal body, the city-county fiscal body may, by vote, reduce the salaries of the members of the city-county fiscal body by any amount.
SOURCE: IC 36-4-7-3; (12)ES0107.2.3. -->     SECTION 3. IC 36-4-7-3, AS AMENDED BY P.L.169-2006, SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) This section does not apply to compensation paid by a city to members of its police and fire departments.
    (b) Subject to the approval of the city legislative body, the city

executive shall fix the compensation of each appointive officer, deputy, and other employee of the city. The legislative body may reduce but may not increase any compensation fixed by the executive. Compensation must be fixed under this section not later than September 30 November 1 of each year for the ensuing budget year.
    (c) Compensation fixed under this section may be increased or decreased by the executive during the budget year for which it is fixed.
    (d) Notwithstanding subsection (b), the city clerk may, with the approval of the legislative body, fix the salaries of deputies and employees appointed under IC 36-4-11-4.

SOURCE: IC 36-4-7-12; (12)ES0107.2.4. -->     SECTION 4. IC 36-4-7-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. In a year in which there is not an election of members to the city fiscal body, the city fiscal body may, by vote, reduce the salaries of the members of the city fiscal body by any amount.
SOURCE: IC 36-5-3-7; (12)ES0107.2.5. -->     SECTION 5. IC 36-5-3-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. In a year in which there is not an election of members to the town fiscal body, the town fiscal body may, by vote, reduce the salaries of the members of the town fiscal body by any amount.
SOURCE: IC 36-6-6-10; (12)ES0107.2.6. -->     SECTION 6. IC 36-6-6-10, AS AMENDED BY P.L.146-2008, SECTION 713, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) This section does not apply to the appropriation of money to pay a deputy or an employee of a township assessor with assessment duties or to an elected township assessor.
    (b) The township legislative body shall fix the:
        (1) salaries;
        (2) wages;
        (3) rates of hourly pay; and
        (4) remuneration other than statutory allowances;
of all officers and employees of the township.
    (c) Subject to subsection (d), the township legislative body may reduce the salary of an elected or appointed official. However, except as provided in subsection (h), the official is entitled to a salary that is not less than the salary fixed for the first year of the term of office that immediately preceded the current term of office.
    (d) Except as provided in subsection (h), the township legislative body may not alter the salaries of elected or appointed officers during the fiscal year for which they are fixed, but it may add or eliminate any

other position and change the salary of any other employee, if the necessary funds and appropriations are available.
    (e) If a change in the mileage allowance paid to state officers and employees is established by July 1 of any year, that change shall be included in the compensation fixed for the township executive and assessor under this section, to take effect January 1 of the next year. However, the township legislative body may by ordinance provide for the change in the sum per mile to take effect before January 1 of the next year.
    (f) The township legislative body may not reduce the salary of the township executive without the consent of the township executive during the term of office of the township executive as set forth in IC 36-6-4-2.
    (g) This subsection applies when a township executive dies or resigns from office. The person filling the vacancy of the township executive shall receive at least the same salary the previous township executive received for the remainder of the unexpired term of office of the township executive (as set forth in IC 36-6-4-2), unless the person consents to a reduction in salary.
    (h) In a year in which there is not an election of members to the township legislative body, the township legislative body may by unanimous vote reduce the salaries of the members of the township legislative body by any amount.

SOURCE: IC 36-8-3-3; (12)ES0107.2.7. -->     SECTION 7. IC 36-8-3-3, AS AMENDED BY P.L.33-2010, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) A majority of the members of the safety board constitutes a quorum. The board shall adopt rules concerning the time of holding regular and special meetings and of giving notice of them. The board shall elect one (1) of its members chairman, who holds the position as long as prescribed by the rules of the board. The board shall record all of its proceedings.
    (b) The members of the safety board may act only as a board. No member may bind the board or the city except by resolution entered in the records of the board authorizing the member to act in its behalf as its authorized agent.
    (c) The safety board shall appoint:
        (1) the members and other employees of the police department other than those in an upper level policymaking position;
        (2) the members and other employees of the fire department other than those in an upper level policymaking position;
        (3) a market master; and
        (4) other officials that are necessary for public safety purposes.
    (d) The annual compensation of all members of the police and fire departments and other appointees shall be fixed by ordinance of the legislative body not later than September 30 November 1 of each year for the ensuing budget year. The ordinance may grade the members of the departments and regulate their pay by rank as well as by length of service. If the legislative body fails to adopt an ordinance fixing the compensation of members of the police or fire department, the safety board may fix their compensation, subject to change by ordinance.
    (e) The safety board, subject to ordinance, may also fix the number of members of the police and fire departments and the number of appointees for other purposes and may, subject to law, adopt rules for the appointment of members of the departments and for their government.
    (f) The safety board shall divide the city into police precincts and fire districts.
    (g) The police chief has exclusive control of the police department, and the fire chief has exclusive control of the fire department, subject to the rules and orders of the safety board. In time of emergency, the police chief and the fire chief are, for the time being, subordinate to the city executive and shall obey the city executive's orders and directions, notwithstanding any law or rule to the contrary.

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