Bill Text: IN SB0242 | 2011 | Regular Session | Introduced
Bill Title: County sheriff compensation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-06 - First reading: referred to Committee on Local Government [SB0242 Detail]
Download: Indiana-2011-SB0242-Introduced.html
Citations Affected: IC 6-8.1-8-3; IC 36-2-13.
Synopsis: County sheriff compensation. Repeals the statute specifying
the maximum amount of a county sheriff's annual compensation.
Deletes references to the repealed maximum compensation amount.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
exempting certain property from levy by creditors do not apply to levy
and sale proceedings for judgments arising from tax warrants.
(b) A sheriff shall sell property to satisfy a tax warrant in a manner
that is reasonably likely to bring the highest net proceeds from the sale
after deducting the expenses of the offer to sell and sale. A sheriff may
engage an auctioneer to advertise a sale and to conduct a public
auction, unless the person being levied files an objection with the clerk
of the circuit or superior court having the tax warrant within five (5)
days of the day that the sheriff informs the person of the person's right
to object. The advertising conducted by the auctioneer is in addition to
any other notice required by law, and shall include a detailed
description of the property to be sold. When an auctioneer is engaged
under this subsection and the auctioneer files a verified claim with the
clerk of the circuit or superior court with whom the tax warrant is filed,
the sheriff may pay the reasonable fee and reasonable expenses of the
auctioneer from the gross proceeds of the sale before other expenses
and the judgment arising from the tax warrant are paid. As used in this
section, "auctioneer" means an auctioneer licensed under IC 25-6.1.
(c) The sheriff shall deposit all amounts that the sheriff collects
under this section, including partial payments, into a special trust
account for judgments collected that arose from tax warrants. On or
before the fifth day of each month, the sheriff shall disburse the money
in the tax warrant judgment lien trust account in the following order:
(1) The sheriff shall pay the department the part of the collections
that represents taxes, interest, and penalties.
(2) The sheriff shall pay the county treasurer and the clerk of the
circuit or superior court the part of the collections that represents
their assessed costs.
(3) Except as provided in subdivisions (4) and (5), the sheriff
shall keep the part of the collections that represents the ten
percent (10%) collection fee added under section 2(b) of this
chapter.
(4) If the sheriff has entered a salary contract under
IC 36-2-13-2.5, the sheriff shall deposit in the county general fund
the part of the collections that represents the ten percent (10%)
collection fee added under section 2(b) of this chapter.
(5) If the sheriff has not entered into a salary contract under
IC 36-2-13-2.5, the sheriff shall deposit in the county general fund
the part of the collections that
(A) represents the ten percent (10%) collection fee added
under section 2(b) of this chapter. and
(B) would, if kept by the sheriff, result in the total amount of
the sheriff's annual compensation exceeding the maximum
amount allowed under IC 36-2-13-17.
The department shall establish the procedure for the disbursement of
partial payments so that the intent of this section is carried out.
(d) After the period described in subsection (a) has passed, the
sheriff shall return the tax warrant to the department. However, if the
department determines that:
(1) at the end of this period, the sheriff is in the process of
collecting the judgment arising from a tax warrant in periodic
payments of sufficient size that the judgment will be fully paid
within one (1) year after the date the judgment was filed; and
(2) the sheriff's electronic data base regarding tax warrants is
compatible with the department's data base;
the sheriff may keep the tax warrant and continue collections.
(e) Notwithstanding any other provision of this chapter, the
department may order a sheriff to return a tax warrant at any time, if the
department feels that action is necessary to protect the interests of the
state.
(f) This subsection applies only to the sheriff of a county having a
consolidated city or a second class city. In such a county, the ten
percent (10%) collection fee added under section 2(b) of this chapter
shall be divided as follows:
(1) Subject to subsection (g), The sheriff may retain forty
thousand dollars ($40,000), plus one-fifth (1/5) of any fees
exceeding that forty thousand dollar ($40,000) amount.
(2) Two-fifths (2/5) of any fees exceeding that forty thousand
dollar ($40,000) amount shall be deposited in the sheriff's
department's pension trust fund.
(3) Two-fifths (2/5) of any fees exceeding that forty thousand
dollar ($40,000) amount shall be deposited in the county general
fund.
(g) If an amount of the collection fee added under section 2(b) of
this chapter would, if retained by the sheriff under subsection (f)(1),
cause the total amount of the sheriff's annual compensation to exceed
the maximum amount allowed under IC 36-2-13-17, the sheriff shall
instead deposit the amount in the county general fund.
(h) (g) Money deposited into a county general fund under
subsections subsection (c)(5) and (g) must be used as follows:
(1) To reduce any unfunded liability of a sheriff's pension trust
plan established for the county's sheriff's department.
(2) Any amounts remaining after complying with subdivision (1)
must be applied to the costs incurred to operate the county's
sheriff's department.
(b) A sheriff's salary contract must contain the following provisions:
(1) A fixed amount of compensation for the sheriff in place of fee compensation.
(2) Payment of the full amount of the sheriff's compensation from the county general fund in the manner that salaries of other county officials are paid.
(3) Deposit by the sheriff of the sheriff's tax warrant collection fees (as described in IC 6-8.1-8-3) in the county general fund for use for any general fund purpose.
(4) A procedure for financing prisoners' meals that uses one (1) of the following methods:
(A) The county fiscal body shall make an appropriation in the usual manner from the county general fund to the sheriff for feeding prisoners. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the appropriation. The sheriff shall deposit all meal allowances received under IC 36-8-10-7 in the county general fund for use for any general fund purpose.
(B) The sheriff shall pay for feeding prisoners from meal allowances received under IC 36-8-10-7. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the meal allowances. After the expenses of feeding prisoners are paid, the sheriff shall deposit any unspent meal allowance money in the county general fund for use for any general fund purpose.
(5) A requirement that the sheriff shall file an accounting of expenditures for feeding prisoners with the county auditor on the first Monday of January and the first Monday of July of each year.
(6) An expiration date that is not later than the date that the term of the sheriff expires.
(7) Other provisions concerning the sheriff's compensation to which the sheriff, the county executive, and the fiscal body agree.
(c) A salary contract is entered under this section when a written document containing the provisions of the contract is:
(1) approved by resolution of both the executive and the fiscal body; and
(2) signed by the sheriff.
(b) If a county pays a sheriff's compensation under this section, the county fiscal body shall make an appropriation in the usual manner from the county general fund for feeding prisoners. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the appropriation.
(c)
(1) In a county having a population of not more than twenty thousand (20,000), the county must pay the sheriff an annual salary that is equal to at least fifty percent (50%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.
(2) In a county having a population of:
(A) more than twenty thousand (20,000); and
(B) not more than forty thousand (40,000);
the county must pay the sheriff an annual salary that is equal to at least sixty percent (60%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.
(3) In a county having a population of:
(A) more than forty thousand (40,000); and
(B) not more than sixty-five thousand five hundred (65,500);
the county must pay the sheriff an annual salary that is equal to at least seventy percent (70%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.
(4) In a county having a population of:
(A) more than sixty-five thousand five hundred (65,500); and
(B) not more than one hundred thousand (100,000);
the county must pay the sheriff an annual salary that is equal to at least eighty percent (80%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.
(5) In a county having a population of:
(A) more than one hundred thousand (100,000); and
(B) not more than two hundred thousand (200,000);
the county must pay the sheriff an annual salary that is equal to at least ninety percent (90%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.
(6) In a county having a population of more than two hundred thousand (200,000), the county must pay the sheriff an annual salary that is equal to at least one hundred percent (100%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.