Bill Text: IN SB0328 | 2012 | Regular Session | Introduced
Bill Title: Consolidated law enforcement department.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Local Government [SB0328 Detail]
Download: Indiana-2012-SB0328-Introduced.html
Citations Affected: IC 36-3-1-5.1.
Synopsis: Consolidated law enforcement department. Specifies that
the consolidated law enforcement department in a consolidated city is
a division of the department of public safety.
Effective: July 1, 2012.
January 9, 2012, 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
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(b) The city-county legislative body may not adopt an ordinance under this section unless it first:
(1) holds a public hearing on the proposed consolidation; and
(2) determines that:
(A) reasonable and adequate police protection can be provided through the consolidation; and
(B) the consolidation is in the public interest.
(c) If an ordinance is adopted under this section, the consolidation
shall take effect on the date specified in the ordinance.
(d) Notwithstanding any other law, an ordinance adopted under this
section must provide that the county sheriff's department shall be
responsible for all the following for the consolidated city and the
county under the direction and control of the sheriff:
(1) County jail operations and facilities.
(2) Emergency communications.
(3) Security for buildings and property owned by:
(A) the consolidated city;
(B) the county; or
(C) both the consolidated city and county.
(4) Service of civil process and collection of taxes under tax
warrants.
(5) Sex and violent offender registration.
(e) The following apply if an ordinance is adopted under this
section:
(1) The department of local government finance shall adjust the
maximum permissible ad valorem property tax levy of the
consolidated city and the county for property taxes first due and
payable in the year a consolidation takes effect under this section.
When added together, the adjustments under this subdivision
must total zero (0).
(2) The ordinance must specify which law enforcement officers
of the police department and which law enforcement officers of
the county sheriff's department shall be law enforcement officers
of the consolidated law enforcement department.
(3) The ordinance may not prohibit the providing of law
enforcement services for an excluded city under an interlocal
agreement under IC 36-1-7.
(4) A member of the county police force who:
(A) was an employee beneficiary of the sheriff's pension trust
before the consolidation of the law enforcement departments;
and
(B) after the consolidation becomes a law enforcement officer
of the consolidated law enforcement department;
remains an employee beneficiary of the sheriff's pension trust.
The member retains, after the consolidation, credit in the sheriff's
pension trust for service earned while a member of the county
police force and continues to earn service credit in the sheriff's
pension trust as a member of the consolidated law enforcement
department for purposes of determining the member's benefits
from the sheriff's pension trust.
(5) A member of the police department of the consolidated city who:
(A) was a member of the 1953 fund or the 1977 fund before the consolidation of the law enforcement departments; and
(B) after the consolidation becomes a law enforcement officer of the consolidated law enforcement department;
remains a member of the 1953 fund or the 1977 fund. The member retains, after the consolidation, credit in the 1953 fund or the 1977 fund for service earned while a member of the police department of the consolidated city and continues to earn service credit in the 1953 fund or the 1977 fund as a member of the consolidated law enforcement department for purposes of determining the member's benefits from the 1953 fund or the 1977 fund.
(6) The ordinance must designate the merit system that shall apply to the law enforcement officers of the consolidated law enforcement department.
(7) The ordinance must designate who shall serve as a coapplicant for a warrant or an extension of a warrant under IC 35-33.5-2.
(8) The consolidated city may levy property taxes within the consolidated city's maximum permissible ad valorem property tax levy limit to provide for the payment of the expenses for the operation of the consolidated law enforcement department. The police special service district established under section 6 of this chapter may levy property taxes to provide for the payment of expenses for the operation of the consolidated law enforcement department within the territory of the police special service district. Property taxes to fund the pension obligation under IC 36-8-7.5 may be levied only by the police special service district within the police special service district. The consolidated city may not levy property taxes to fund the pension obligation under IC 36-8-7.5. Property taxes to fund the pension obligation under IC 36-8-8 for members of the 1977 police officers' and firefighters' pension and disability fund who were members of the police department of the consolidated city on the effective date of the consolidation may be levied only by the police special service district within the police special service district. Property taxes to fund the pension obligation under IC 36-8-10 for members of the sheriff's pension trust and under IC 36-8-8 for members of the 1977 police officers' and firefighters' pension and disability fund who were not members of the police department of the consolidated city on the effective date of the consolidation may be
levied by the consolidated city within the consolidated city's
maximum permissible ad valorem property tax levy. The assets of
the consolidated city's 1953 fund and the assets of the sheriff's
pension trust may not be pledged after the effective date of the
consolidation as collateral for any loan.
(9) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before March
1 of the year following the adoption of the consolidation
ordinance and for the following two (2) years, to determine:
(A) the amount of any cost savings, operational efficiencies, or
improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluation
and performance audit must be provided to the legislative council
in an electronic format under IC 5-14-6 and to the budget
committee.
