Introduced Version
HOUSE BILL No. 1341
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3; IC 5; IC 6; IC 12; IC 15; IC 16; IC 23;
IC 32; IC 33; IC 34; IC 36.
Synopsis: Eliminating Marion County townships. Abolishes in Marion
County, effective January 1, 2011, the offices of township trustee and
township board, and transfers all other township duties and
responsibilities, including township assistance, cemetery maintenance,
weed control, and parks and recreation, to the county. Requires the
mayor of the consolidated city to appoint a coordinator of social
services to: (1) estimate the amount necessary to meet the cost of
township assistance in the county for taxes first due and payable after
2010; and (2) administer township assistance on a countywide basis.
Requires the department of workforce development, the county office
of the division of family resources, and any other state and local
government agency to cooperate with the coordinator in providing
assistance. Provides that a transfer of duties between the townships and
the county results in the transfer of property, equipment, records,
rights, contracts (including labor contracts), and indebtedness.
Establishes maximum property tax levies for the county payable in
2011 that reflect the transfer of all township responsibilities to the
county. Provides that, after 2010, the monthly distributive shares of
county option income taxes that would be distributed to a township for
which township government is abolished shall instead be distributed as
additional distributive shares to Indianapolis/Marion County. Replaces
the nine Marion County township small claims courts with five Marion
County small claims courts on January 1, 2011. Abolishes the office of
township small claims court constable on January 1, 2011. Requires the
mayor of Indianapolis to appoint the five judges of the Marion County
small claims courts for six year terms. Provides that, at the general
(Continued next page)
Effective: July 1, 2009; January 1, 2011.
Hinkle
January 13, 2009, read first time and referred to Committee on Government and Regulatory
Reform.
Digest Continued
(Continued next page)
Digest Continued
protection and related services of each entity whose fire department is
consolidated into the fire department of the consolidated city is
transferred to the consolidated city's cumulative building and
equipment fund for fire protection and related services. Specifies that
after December 31, 2009, a county containing a consolidated city may
establish a cumulative firefighting building and equipment fund and
may impose a property tax levy for the fund beginning with property
taxes first due and payable after December 31, 2010. Provides that a
township assistance transition advisory group is established in Marion
County. Specifies that the advisory group consists of the mayor (or the
mayor's designee), who shall chair the advisory group, and the trustee
of each of the townships in the county. Requires the advisory group to:
(1) submit recommendations concerning the transition of responsibility
for township assistance; and (2) take steps as necessary to assist the
transition. Specifies that if the assessed valuation of a public library is
entirely contained within a city or town, the public library shall submit
its proposed budget and levy to the city or town fiscal body (rather than
to the county council) for review and approval. Specifies that if the
assessed valuation of a taxing unit with an unelected governing body
is entirely contained within an excluded city or town in Marion County,
the governing body of the taxing unit shall submit its proposed
operating and maintenance budget and tax levies to the city or town
fiscal body (rather than to the city-county legislative body) for
approval. Makes conforming amendments. Repeals provisions
concerning the nine Marion County township small claims courts.
Introduced
First Regular Session 116th General Assembly (2009)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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 2008 Regular Session of the General Assembly.
HOUSE BILL No. 1341
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 3-5-2-40; (09)IN1341.1.1. -->
SECTION 1. IC 3-5-2-40 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 40. "Precinct" means a geographic
subdivision of a county. or township established for election purposes.
SOURCE: IC 3-8-2-5; (09)IN1341.1.2. -->
SECTION 2. IC 3-8-2-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 5. A declaration of candidacy for:
(1) a federal office;
(2) a state office;
(3) a legislative office; or
(4) the local office of:
(A) judge of a circuit, superior, probate, or county or small
claims court; or
(B) prosecuting attorney of a judicial circuit;
shall be filed with the secretary of state.
SOURCE: IC 3-10-1-19; (09)IN1341.1.3. -->
SECTION 3. IC 3-10-1-19, AS AMENDED BY P.L.146-2008,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 19. (a) The ballot for a primary election shall
be printed in substantially the following form for all the offices for
which candidates have qualified under IC 3-8:
OFFICIAL PRIMARY BALLOT
_________________ Party
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.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) (5) 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) (6) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(c) This subsection applies only to a county not having a
consolidated city. The following offices shall be placed on the
primary election ballot in the following order after the offices
described in subsection (b):
(1) Township assessor (if any).
(2) Township trustee.
(3) Township board member.
(c) (d) 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) (e) 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): (d):
(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) (f) The offices and public questions described in subsection
(d)
(e) 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) (d) 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) (d) in the form
specified in IC 3-11-14-3.5;
if voting is by an electronic voting system.
(f) (g) A public question shall be placed on the primary election
ballot in the following form:
(The explanatory text for the public question,
if required by law.)
"Shall (insert public question)?"
[] YES
[] NO
SOURCE: IC 3-10-1-29; (09)IN1341.1.4. -->
SECTION 4. IC 3-10-1-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 29. The canvass
of votes cast in a primary election shall, as far as applicable, be made
in the same manner and by the same officers as the canvass at a general
election. The tally sheet upon which the count has been entered shall
be included in the returns of the election. Each precinct election board
shall, on blanks provided for that purpose, make full and accurate
returns of the votes cast for each candidate and on each public question
unless votes were cast on a ballot card voting system that is not
designed to allow the counting and tabulation of votes by the precinct
election board. The board shall set forth in the return, opposite the
name of each candidate and public question, the number of votes cast
for the candidate and for or against each public question. The tabular
statement must contain the following information, with the names of
candidates and public questions arranged in the order in which they
appear upon the official ballot:
(1) The name of the precinct.
(2) The name of the township (or ward).
(3) (2) The name of the county.
(4) (3) The name of the party of the candidates for Representative
in Congress.
SOURCE: IC 3-10-2-13; (09)IN1341.1.5. -->
SECTION 5. IC 3-10-2-13, AS AMENDED BY P.L.146-2008,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 13. (a) The following public officials shall be
elected 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.
(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.
(b) This subsection applies after December 31, 2010, only to a
county not having a consolidated city. The following public officials
shall be elected at the general election before their terms of office
expire and every four (4) years thereafter:
(1) Township assessor (if any).
(2) Township trustee.
(3) Township board member.
SOURCE: IC 3-11-1.5-4; (09)IN1341.1.6. -->
SECTION 6. IC 3-11-1.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 4. A county
executive shall establish precincts so that each boundary of each
precinct does not cross the boundary of:
(1) the state;
(2) a county;
(3) a township;
(4) (3) a district of the House of Representatives of the Congress
of the United States;
(5) (4) a district of the senate of the general assembly; or
(6) (5) a district of the house of representatives of the general
assembly.
SOURCE: IC 3-11-2-12; (09)IN1341.1.7. -->
SECTION 7. IC 3-11-2-12, AS AMENDED BY P.L.146-2008,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 12.
(a) The following offices shall be placed on
the general election ballot in the following order:
(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.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) (5) 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) (6) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(b) This subsection applies only to a county not having a
consolidated city. The following offices shall be placed on the
general election ballot in the following order after the offices
described in subsection (a):
(1) Township assessor (if any).
(2) Township trustee.
(3) Township board member.
SOURCE: IC 3-11-8-3; (09)IN1341.1.8. -->
SECTION 8. IC 3-11-8-3, AS AMENDED BY P.L.230-2005,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 3. (a) Before each election each county
executive shall secure for each precinct of the county an accessible
facility in which to hold the election.
(b) If an accessible facility is not available within the precinct, then
the polls may be located in another precinct in the county if the polls
are:
(1)
either:
(A) not more than five (5) miles from the closest boundary of
the precinct for which it is the polls;
or
(B) located in the same township as the precinct that does not
have an accessible facility available; and
(2) located in an accessible facility.
(c) If the county election board, by a unanimous vote of its entire
membership, determines that an accessible facility is not available
under subsection (b), the board may locate the polls in the most
convenient available accessible facility in the county.
(d) If the county election board, by unanimous vote of its entire
membership, determines that:
(1) an accessible facility is not available under subsection (b) or
(c); and
(2) the most convenient accessible facility is located in an
adjoining county;
the board may locate the polls in the facility described in subdivision
(2) with the unanimous consent of the entire membership of the county
election board of the county in which the facility is located.
SOURCE: IC 3-13-1-15; (09)IN1341.1.9. -->
SECTION 9. IC 3-13-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. (a) A county
chairman filling a candidate vacancy under section 6(a)(2) of this
chapter or the chairman of a meeting filling a candidate vacancy under
this chapter shall file a written certificate of candidate selection on a
form prescribed by the commission stating the following information
for each candidate selected:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the
ballot; and
(B) the candidate's name is permitted to appear on the ballot
under IC 3-5-7.
(2) The residence address of each candidate.
(b) The certificate shall be filed with:
(1) the election division for:
(A) a committee acting under section 3, 4, 5, or 6(b) of this
chapter; or
(B) a committee acting under section 6(a) of this chapter to fill
a candidate vacancy in the office of judge of a circuit, superior,
probate, or county or small claims court or prosecuting
attorney; or
(2) the circuit court clerk, for a committee acting under section
6(a) of this chapter to fill a candidate vacancy for a local office
not described in subdivision (1).
(c) This subsection applies to a candidate vacancy resulting from a
vacancy on the primary election ballot as described in section 2 of this
chapter. The certificate required by subsection (a) shall be filed not
later than noon July 3 before election day.
(d) This subsection applies to all candidate vacancies not described
by subsection (c). The certificate required by subsection (a) shall be
filed not more than three (3) days (excluding Saturdays and Sundays)
after selection of the candidates.
SOURCE: IC 3-13-2-8; (09)IN1341.1.10. -->
SECTION 10. IC 3-13-2-8, AS AMENDED BY P.L.2-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 8. (a) The chairman or chairmen filling a
candidate vacancy under this chapter shall immediately file a written
certificate of candidate selection on a form prescribed by the
commission stating the following information for each candidate
selected:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the
ballot; and
(B) the candidate's name is permitted to appear on the ballot
under IC 3-5-7.
(2) The residence address of each candidate.
(b) The certificate shall be filed with:
(1) the election division for:
(A) one (1) or more chairmen acting under section 2, 3, 4, or
5(b) of this chapter; or
(B) a committee acting under section 5(b) of this chapter to fill
a candidate vacancy for the office of judge of a circuit,
superior, probate, or county or small claims court or
prosecuting attorney; or
(2) the circuit court clerk of the county in which the greatest
percentage of the population of the election district is located, for
a chairman acting under section 5(a) of this chapter to fill a
candidate vacancy for a local office not described in subdivision
(1).
(c) The certificate required by subsection (a) shall be filed not more
than three (3) days (excluding Saturdays and Sundays) after selection
of the candidate.
SOURCE: IC 3-13-10-1; (09)IN1341.1.11. -->
SECTION 11. IC 3-13-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) After December
31, 2010, this chapter applies only to a county not having a
consolidated city.
(b) A vacancy in a township office that was last held by a person
elected or selected as a candidate of a major political party of the state
shall be filled by a caucus under IC 3-13-11.
SOURCE: IC 5-4-1-4; (09)IN1341.1.12. -->
SECTION 12. IC 5-4-1-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 4. (a) As used in this section,
"political subdivision" has the meaning set forth in IC 36-1-2-13.
(b) The copy of the oath under section 2 of this chapter shall be
deposited by the person as follows:
(1) Of all officers whose oath is endorsed on or attached to the
commission and whose duties are not limited to a particular
county or of a justice, judge, or prosecuting attorney, in the office
of the secretary of state.
(2) Of the circuit court clerk and officers of a political
subdivision or school corporation, and constables of a small
claims court, in the circuit court clerk's office of the county
containing the greatest percentage of the population of the
political subdivision or school corporation.
(3) Of a deputy prosecuting attorney, in the office of the clerk of
the circuit court of the county in which the deputy prosecuting
attorney resides or serves.
SOURCE: IC 5-8-3.5-1; (09)IN1341.1.13. -->
SECTION 13. IC 5-8-3.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) An officer who
wants to resign shall give written notice of the officer's resignation as
follows:
(1) The governor and lieutenant governor shall notify the
principal clerk of the house of representatives and the principal
secretary of the senate to act in accordance with Article 5, Section
10 of the Constitution of the State of Indiana. The clerk and the
secretary shall file a copy of the notice with the office of the
secretary of state.
(2) A member of the general assembly shall notify the following,
whichever applies:
(A) A member of the senate shall notify the president pro
tempore of the senate.
(B) A member of the house of representatives shall notify the
speaker of the house of representatives.
(3) The following officers commissioned by the governor under
IC 4-3-1-5 shall notify the governor:
(A) An elector or alternate elector for President and Vice
President of the United States.
(B) The secretary of state, auditor of state, treasurer of state,
superintendent of public instruction, or attorney general.
(C) An officer elected by the general assembly, the senate, or
the house of representatives.
(D) A justice of the Indiana supreme court, judge of the
Indiana court of appeals, or judge of the Indiana tax court.
(E) A judge of a circuit, city, county, probate, superior, town,
or township small claims court.
(F) A prosecuting attorney.
(G) A circuit court clerk.
(H) A county auditor, county recorder, county treasurer,
county sheriff, county coroner, or county surveyor.
(4) An officer of a political subdivision (as defined by
IC 36-1-2-13) other than an officer listed in subdivision (3) shall
notify the circuit court clerk of the county containing the largest
percentage of population of the political subdivision.
(5) An officer not listed in subdivisions (1) through (4) shall
notify the person or entity from whom the officer received the
officer's appointment.
(b) A person or an entity that receives notice of a resignation and
does not have the power to fill the vacancy created by the resignation
shall, not later than seventy-two (72) hours after receipt of the notice
of resignation, give notice of the vacancy to the person or entity that
has the power to:
(1) fill the vacancy; or
(2) call a caucus for the purpose of filling the vacancy.
SOURCE: IC 6-1.1-5-9; (09)IN1341.1.14. -->
SECTION 14. IC 6-1.1-5-9, AS AMENDED BY P.L.146-2008,
SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 9. In a county containing a consolidated city,
(1) the township assessor has the duties and authority described
in sections 1 through 8 of this chapter; and
(2) the county assessor has the duties and authority described in
sections 1 through 8 of this chapter. for a township for which
there is no township assessor.
These duties and authority include effecting the transfer of title to real
property and preparing, maintaining, approving, correcting, indexing,
and publishing the list or record of, or description of title to, real
property. If a court renders a judgment for the partition or transfer of
real property located in a county containing a consolidated city, the
clerk of the court shall deliver the transcript to the county assessor.
SOURCE: IC 6-1.1-5.5-12; (09)IN1341.1.15. -->
SECTION 15. IC 6-1.1-5.5-12, AS AMENDED BY P.L.144-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 12. (a) A party to a conveyance who:
(1) either:
(A) files a sales disclosure form that does not contain all of the
information required by this chapter; or
(B) files a sales disclosure form that contains inaccurate
information;
and receives from the township assessor (in a county containing
a consolidated city) or the county assessor (in any other county)
written notice of the problems described in clause (A) or (B); and
(2) fails to file a correct sales disclosure form that fully complies
with all requirements of this chapter within thirty (30) days after
the date of the notice under subdivision (1);
is subject to a penalty in the amount determined under subsection (b).
(b) The amount of the penalty under subsection (a) is the greater of:
(1) one hundred dollars ($100); or
(2) twenty-five thousandths percent (0.025%) of the sale price of
the real property transferred under the conveyance document.
(c) The township assessor in a county containing a consolidated city,
or the county assessor in any other county, shall:
(1) determine the penalty imposed under this section;
(2) assess the penalty to the party to a conveyance; and
(3) notify the party to the conveyance that the penalty is payable
not later than thirty (30) days after notice of the assessment.
(d) The county auditor shall:
(1) collect the penalty imposed under this section;
(2) deposit penalty collections as required under section 4 of this
chapter; and
(3) notify the county prosecuting attorney of delinquent payments.
(e) The county prosecuting attorney shall initiate an action to
recover a delinquent penalty under this section. In a successful action
against a person for a delinquent penalty, the court shall award the
county prosecuting attorney reasonable attorney's fees.
SOURCE: IC 6-1.1-11-4; (09)IN1341.1.16. -->
SECTION 16. IC 6-1.1-11-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) The exemption
application referred to in section 3 of this chapter is not required if the
exempt property is owned by the United States, the state, an agency of
this state, or a political subdivision (as defined in IC 36-1-2-13).
However, this subsection applies only when the property is used, and
in the case 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 the county official
(after December 31, 2010) 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 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; or
(B) tangible property owned by a church or religious society
used for educational purposes described in IC 6-1.1-10-16; and
(2) the exemption application referred to in section 3 of this
chapter was filed properly at least once after the property was
designated for a religious use as described in IC 6-1.1-10-21 or an
educational use as described in IC 6-1.1-10-16.
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, this subsection does not apply.
SOURCE: IC 6-1.1-17-3; (09)IN1341.1.17. -->
SECTION 17. IC 6-1.1-17-3, AS AMENDED BY P.L.146-2008,
SECTION 147, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The proper officers of a
political subdivision shall formulate its estimated budget and its
proposed tax rate and tax levy on the form prescribed by the
department of local government finance and approved by the state
board of accounts. The political subdivision shall give notice by
publication to taxpayers of:
(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 August 10 of the calendar year. A political
subdivision shall provide the estimated budget and levy information
required for the notice under subsection (b) to the county auditor on the
schedule determined by the department of local government finance.
(b) Beginning in 2010, before October 1 of a calendar year, the
county auditor shall mail to the last known address of each person
liable for any property taxes, as shown on the tax duplicate, or to the
last known address of the most recent owner shown in the transfer
book, a statement that includes:
(1) the assessed valuation as of the assessment date in the current
calendar year of tangible property on which the person will be
liable for property taxes first due and payable in the immediately
succeeding calendar year and notice to the person of the
opportunity to appeal the assessed valuation under
IC 6-1.1-15-1(c) (before July 1, 2008) or IC 6-1.1-15-1 (after June
30, 2008);
(2) the amount of property taxes for which the person will be
liable to each political subdivision on the tangible property for
taxes first due and payable in the immediately succeeding
calendar year, taking into account all factors that affect that
liability, including:
(A) the estimated budget and proposed tax rate and tax levy
formulated by the political subdivision under subsection (a);
(B) any deductions or exemptions that apply to the assessed
valuation of the tangible property;
(C) any credits that apply in the determination of the tax
liability; and
(D) the county auditor's best estimate of the effects on the tax
liability that might result from actions of:
(i) the county board of tax adjustment; or
(ii) the department of local government finance;
(3) a prominently displayed notation that:
(A) the estimate under subdivision (2) is based on the best
information available at the time the statement is mailed; and
(B) based on various factors, including potential actions by:
(i) the county board of tax adjustment; or
(ii) the department of local government finance;
it is possible that the tax liability as finally determined will
differ substantially from the estimate;
(4) comparative information showing the amount of property
taxes for which the person is liable to each political subdivision
on the tangible property for taxes first due and payable in the
current year; and
(5) the date, time, and place at which the political subdivision will
hold a public hearing on the political subdivision's estimated
budget and proposed tax rate and tax levy as required under
subsection (a).
(c) The department of local government finance shall:
(1) prescribe a form for; and
(2) provide assistance to county auditors in preparing;
statements under subsection (b). Mailing the statement described in
subsection (b) to a mortgagee maintaining an escrow account for a
person who is liable for any property taxes shall not be construed as
compliance with subsection (b).
(d) 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.
(e) 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.
(f) This subsection applies for taxes first due and payable after
2010 only to a county having a consolidated city. As set forth in
IC 36-2-2-14.5:
(1) the coordinator of social services for the county shall
estimate the amount necessary to meet the cost of township
assistance in the county for the ensuing calendar year; and
(2) the county legislative body shall adopt with the county
budget a tax rate uniform throughout the county 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 county township assistance fund
established under IC 12-20-1-6.
(f) (g) This subsection expires January 1, 2009. A county shall adopt
with the county budget and the department of local government finance
shall certify under section 16 of this chapter a tax rate sufficient to raise
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.
SOURCE: IC 6-1.1-17-20; (09)IN1341.1.18. -->
SECTION 18. IC 6-1.1-17-20, AS AMENDED BY P.L.146-2008,
SECTION 163, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 20. (a) This section applies:
(1) to each governing body of a taxing unit that is not comprised
of a majority of officials who are elected to serve on the
governing body; and
(2) if the percentage increase in the proposed budget for the
taxing unit for the ensuing calendar year is more than the result
of:
(A) the assessed value growth quotient determined under
IC 6-1.1-18.5-2 for the ensuing calendar year; minus
(B) one (1).
(b) As used in this section, "taxing unit" has the meaning set forth
in IC 6-1.1-1-21, except that the term does not include:
(1) a school corporation; or
(2) an entity whose tax levies are subject to review and
modification by a city-county legislative body under IC 36-3-6-9.
(c) This subsection does not apply to a public library. If:
(1) the assessed valuation of a taxing unit is entirely contained
within a city or town; or
(2) the assessed valuation of a taxing unit is not entirely contained
within a city or town but the taxing unit was originally established
by the city or town;
the governing body shall submit its proposed budget and property tax
levy to the city or town fiscal body. The proposed budget and levy shall
be submitted at least fourteen (14) days before the city or town fiscal
body is required to hold budget approval hearings under this chapter.
(d) If subsection (c) does not apply, the governing body of the taxing
unit shall submit its proposed budget and property tax levy to the
county fiscal body in the county where the taxing unit has the most
assessed valuation. The proposed budget and levy shall be submitted
at least fourteen (14) days before the county fiscal body is required to
hold budget approval hearings under this chapter.
(e) The fiscal body of the city, town, or county (whichever applies)
shall review each budget and proposed tax levy and adopt a final
budget and tax levy for the taxing unit. The fiscal body may reduce or
modify but not increase the proposed budget or tax levy.
SOURCE: IC 6-1.1-18.5-22; (09)IN1341.1.19. -->
SECTION 19. IC 6-1.1-18.5-22 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]:
Sec. 22. (a) The ad valorem property
tax levy limits imposed by this chapter do not apply to ad valorem
property taxes imposed by a consolidated city to pay or fund any
indebtedness assumed, defeased, paid, or refunded under
IC.36-3-1-6.4.
(b) As used in this section:
(1) "consolidating entity" means:
(A) a township; or
(B) a fire protection territory;
whose fire department is consolidated on January 1, 2011,
into the fire department of a consolidated city under
IC 36-3-1-6.4; and
(2) "maximum levy" means the maximum permissible ad
valorem property tax levy under section 3 of this chapter.
(c) The maximum levy of a consolidated city for property taxes
first due and payable in 2011 is the sum of:
(1) the maximum levy of the consolidated city for property
taxes first due and payable in 2011, as determined without
regard to this section; plus
(2) the amount equal to the combined property tax levies of
each consolidating entity for property taxes first due and
payable in 2010 for fire protection and related services.
(d) The maximum levy of property taxes first due and payable
in 2011 is reduced for each consolidating entity by the amount
equal to the property tax levy of the consolidating entity for taxes
first due and payable in 2010 for any services and operations for
which responsibility is transferred to the consolidated city in 2011.
(e) For purposes of determining the maximum levy of property
taxes first due and payable in 2012 for an entity for which the
maximum levy is determined under this section, the maximum levy
to be used in:
(1) STEP ONE of section 3(a) of this chapter; or
(2) STEP ONE of section 3(b) of this chapter;
is the maximum levy determined under this section for the entity
for property taxes first due and payable in 2011.
(f) Notwithstanding any other law:
(1) the maximum property tax rate imposed for fire
protection and related services in a consolidating entity for
property taxes payable in 2011 and 2012 may not exceed (but
may be less than) the property tax rate imposed for fire
protection and related services in the consolidating entity for
property taxes payable in 2010; and
(2) the property tax rate imposed for fire protection and
related services by the consolidated city in 2013 and
thereafter must be a uniform rate.
SOURCE: IC 6-3.5-6-18.5; (09)IN1341.1.20. -->
SECTION 20. IC 6-3.5-6-18.5, AS AMENDED BY P.L.146-2008,
SECTION 339, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 18.5.
(a) This section applies to a
county containing a consolidated city.
(b) Notwithstanding section 18(e) of this chapter, the distributive
shares that each civil taxing unit in a county containing a consolidated
city is entitled to receive during a month equals the following:
(1) For the calendar year beginning January 1, 1995, calculate the
total amount of revenues that are to be distributed as distributive
shares during that month multiplied by the following factor:
Center Township .0251
Decatur Township .00217
Franklin Township .0023
Lawrence Township .01177
Perry Township .01130
Pike Township .01865
Warren Township .01359
Washington Township .01346
Wayne Township .01307
Lawrence-City .00858
Beech Grove .00845
Southport .00025
Speedway .00722
Indianapolis/Marion County .86409
(2) Notwithstanding subdivision (1), for the calendar year
beginning January 1, 1995, the distributive shares for each civil
taxing unit in a county containing a consolidated city shall be not
less than the following:
Center Township $1,898,145
Decatur Township $164,103
Franklin Township $173,934
Lawrence Township $890,086
Perry Township $854,544
Pike Township $1,410,375
Warren Township $1,027,721
Washington Township $1,017,890
Wayne Township $988,397
Lawrence-City $648,848
Beech Grove $639,017
Southport $18,906
Speedway $546,000
(3) For each year after 1995, calculate the total amount of
revenues that are to be distributed as distributive shares during
that month as follows:
STEP ONE: Determine the total amount of revenues that were
distributed as distributive shares during that month in calendar
year 1995.
STEP TWO: Determine the total amount of revenue that the
department has certified as distributive shares for that month
under section 17 of this chapter for the calendar year.
STEP THREE: Subtract the STEP ONE result from the STEP
TWO result.
STEP FOUR: If the STEP THREE result is less than or equal
to zero (0), multiply the STEP TWO result by the ratio
established under subdivision (1).
STEP FIVE: Determine the ratio of:
(A) the maximum permissible property tax levy under
IC 6-1.1-18.5 for each civil taxing unit for the calendar year
in which the month falls, plus, for a county, the welfare
allocation amount; divided by
(B) the sum of the maximum permissible property tax levies
under IC 6-1.1-18.5 for all civil taxing units of the county
during the calendar year in which the month falls, and an
amount equal to the welfare allocation amount.
STEP SIX: If the STEP THREE result is greater than zero (0),
the STEP ONE amount shall be distributed by multiplying the
STEP ONE amount by the ratio established under subdivision
(1).
STEP SEVEN: For each taxing unit determine the STEP FIVE
ratio multiplied by the STEP TWO amount.
STEP EIGHT: For each civil taxing unit determine the
difference between the STEP SEVEN amount minus the
product of the STEP ONE amount multiplied by the ratio
established under subdivision (1). The STEP THREE excess
shall be distributed as provided in STEP NINE only to the civil
taxing units that have a STEP EIGHT difference greater than
or equal to zero (0).
STEP NINE: For the civil taxing units qualifying for a
distribution under STEP EIGHT, each civil taxing unit's share
equals the STEP THREE excess multiplied by the ratio of:
(A) the maximum permissible property tax levy under
IC 6-1.1-18.5 for the qualifying civil taxing unit during the
calendar year in which the month falls, plus, for a county, an
amount equal to the welfare allocation amount; divided by
(B) the sum of the maximum permissible property tax levies
under IC 6-1.1-18.5 for all qualifying civil taxing units of
the county during the calendar year in which the month falls,
and an amount equal to the welfare allocation amount.
(c) The welfare allocation amount is an amount equal to the sum of
the property taxes imposed by the county in 1999 for the county's
welfare fund and welfare administration fund and the property taxes
imposed by the county in 2008 for the county's county medical
assistance to wards fund, family and children's fund, children's
psychiatric residential treatment services fund, county hospital care for
the indigent fund, children with special health care needs county fund,
plus, in the case of Marion County, thirty-five million dollars
($35,000,000).
(d) After December 31, 2010, the monthly distributive shares of
county option income taxes that would be distributed to a township
under this section shall instead be distributed as additional
distributive shares to Indianapolis/Marion County.
SOURCE: IC 12-20-1-5; (09)IN1341.1.21. -->
SECTION 21. IC 12-20-1-5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 5. (a) Except as provided in subsection (d), IC 12-20-2
through IC 12-20-28 apply only to a county not having a
consolidated city.
(b) As used in this section, "coordinator" means the coordinator
of social services appointed under IC 36-2-2-14.5.
(c) Beginning January 1, 2011, the coordinator shall administer
township assistance in a county having a consolidated city. The
coordinator shall administer assistance on a countywide basis
instead of a township basis.
(d) The following apply to the administration of township
assistance under subsection (c) in a county having a consolidated
city:
(1) A suit or proceeding in favor of or against the coordinator
concerning township assistance shall be conducted in favor of
or against the county in the county's corporate name.
(2) The coordinator is subject to the same privileges and
immunities as are accorded to a township trustee under
IC 12-20-3.
(3) The coordinator shall propose uniform standards for the
issuance of township assistance throughout the county and the
processing of applications for township assistance that meet
the requirements of IC 12-20-5.5. The standards shall be
adopted by the county legislative body and filed with the
county executive.
(4) The coordinator has the same powers in the
administration of township assistance for the county as a
township trustee has in the administration of township
assistance for a township under IC 12-20-4, IC 12-20-5,
IC 12-20-15, IC 12-20-16, IC 12-20-17, IC 12-20-18, and
IC 12-20-19.
(5) The same standards and requirements that:
(A) apply to; or
(B) may be imposed upon;
recipients of and applicants for township assistance under
IC 12-20-6, IC 12-20-7, IC 12-20-8, IC 12-20-9, IC 12-20-10,
IC 12-20-11, IC 12-20-12, and IC 12-20-13 apply to or may be
imposed upon recipients of and applicants for township
assistance administered by the coordinator.
(6) The coordinator may assert a claim against the estate of an
individual who received township assistance from the county
to the same extent as a township trustee may assert a claim
under IC 12-20-27 against the estate of an individual who
received township assistance from a township.
(7) The coordinator is subject to the same reporting
requirements with respect to township assistance
administered on a countywide basis as a township trustee is
subject to under IC 12-20-28 with respect to township
assistance administered on a township basis.
(8) State and local agencies shall provide the coordinator with
the information provided to a township trustee under
IC 12-20-7. The coordinator or an employee of the county is
subject to the criminal penalty set forth in IC 12-20-7-6 for
disclosure of information.
(9) An applicant for township assistance and the coordinator
may appeal a decision regarding township assistance in the
same manner that an appeal is taken under IC 12-20-15.
(10) The department of workforce development, the county
office of the division of family resources, and any other state
or local government agency shall cooperate with and assist the
coordinator in carrying out the coordinator's duties under
this section and other statutes.
(e) Any application for township assistance for which the
township has not entered a final decision regarding the granting or
denial of township assistance by the close of business on December
31, 2010, shall be treated as a new application filed with the county
on January 1, 2011. The coordinator shall make a decision on the
application in accordance with the uniform standards adopted
under subsection (d)(3).
(f) Any application for township assistance that has been
granted before January 1, 2011, but for which assistance has not
been disbursed by the township shall be disbursed and
administered by the coordinator in accordance with the township's
grant of township assistance.
(g) The coordinator shall assist the controller of the consolidated
city in preparing the township assistance budget for budget years
2011 and thereafter.
(h) A township assistance transition advisory group is
established in the county having a consolidated city. The advisory
group consists of the executive of the consolidated city (or the
executive's designee), who shall chair the advisory group, and the
trustee of each of the townships in the county. The advisory group
shall:
(1) submit recommendations to the city-county council
regarding the transition from township responsibility for
township assistance to county responsibility for township
assistance; and
(2) take steps as necessary to assist the transition of
responsibility for township assistance.
The advisory group is abolished January 1, 2011.
SOURCE: IC 12-20-1-6; (09)IN1341.1.22. -->
SECTION 22. IC 12-20-1-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 6. (a) This section applies only to a county
having a consolidated city.
(b) The county shall establish a county township assistance fund.
(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 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 township assistance budget
for the county.
(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 county township
assistance 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 for the purpose of paying 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.
SOURCE: IC 15-16-7-4; (09)IN1341.1.23. -->
SECTION 23. IC 15-16-7-4, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. (a) The weed control board consists of the
following members to be appointed by the authorizing body:
(1) One (1) member appointed as follows:
(A) A township trustee of a township in the county.
(B) After December 31, 2010, in a county having a
consolidated city, the official responsible for the
destruction of detrimental plants described in this chapter
or the official's designee.
(2) One (1) soil and water conservation district supervisor.
(3) One (1) representative from the agricultural community of the
county.
(4) One (1) representative from the county highway department
or an appointee of the county commissioners.
(5) One (1) cooperative extension service agent from the county
to serve in a nonvoting advisory capacity.
(b) Each board member shall be appointed for a term of four (4)
years. All vacancies in the membership of the board shall be filled for
the unexpired term in the same manner as initial appointments.
(c) The board shall elect a chairperson and a secretary. The
members of the board are not entitled to receive any compensation, but
are entitled to any traveling and other expenses that are necessary in the
discharge of the members' duties.
SOURCE: IC 15-16-8-0.5; (09)IN1341.1.24. -->
SECTION 24. IC 15-16-8-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2010, the
powers and duties established by this chapter are conferred and
imposed:
(1) in a county having a consolidated city, on the county with
respect to property in the county; and
(2) in all other counties, on the township trustee with respect
to property in the township.
SOURCE: IC 15-16-8-0.6; (09)IN1341.1.25. -->
SECTION 25. IC 15-16-8-0.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 0.6. As used in this chapter,
"county official" means the elected or appointed official of a
county having a consolidated city who is responsible for
administering this chapter for the county after December 31, 2010.
SOURCE: IC 15-16-8-1.5; (09)IN1341.1.26. -->
SECTION 26. IC 15-16-8-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1.5. As used in this chapter,
"fund" means:
(1) the township fund; or
(2) (after December 31, 2010) the appropriate county fund in
a county having a consolidated city.
SOURCE: IC 15-16-8-4; (09)IN1341.1.27. -->
SECTION 27. IC 15-16-8-4, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. (a) If a township trustee
or (after December
31, 2010) the county official:
(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 (after December 31, 2010) the county official
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, 2010) the county official determines by:
(1) investigating real estate located in the trustee's township or
(after December 31, 2010) the county having a consolidated
city; or
(2) visual inspection without entering real estate located in the
trustee's township or (after December 31, 2010) the county
having a consolidated city;
that a person has detrimental plants growing on real estate, the trustee
or (after December 31, 2010) the county official 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, 2010) the county official 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 (after December 31, 2010) the county
official may hire a person to destroy the detrimental plants. The trustee
or (after December 31, 2010) the county official 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, 2010) the
county official 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 (after December 31,
2010) the county official. The county weed control board shall notify
the township trustee or (after December 31, 2010) the county official
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.
SOURCE: IC 15-16-8-5; (09)IN1341.1.28. -->
SECTION 28. IC 15-16-8-5, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 5. (a) The township trustee or (after December
31, 2010) the county official may pay the following costs incurred in
cutting or destroying detrimental plants under this chapter:
(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, 2010) the county official
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 (after December 31, 2010) the county
official may pay for the work at a rate per hour fixed by the township
trustee or (after December 31, 2010) the county official
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, 2010) the county official. When the
bill has been approved, the trustee shall pay the bill out of the township
fund or (after December 31, 2010) the county official shall pay the
bill out of 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, 2010, the county fiscal body shall act in the case of
a county 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, 2010) the city-county council for action, shall include
in the estimates estimate an item sufficient to cover those
expenditures.
SOURCE: IC 15-16-8-6; (09)IN1341.1.29. -->
SECTION 29. IC 15-16-8-6, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 6. (a) The township trustee or (after December
31, 2010) the county official shall prepare a statement that contains
the following:
(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, 2010) the
county official or official'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 (after December 31, 2010) the county official.
(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.
SOURCE: IC 15-16-8-7; (09)IN1341.1.30. -->
SECTION 30. IC 15-16-8-7, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: 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, 2010) the county official 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 the:
(1) trustee's township funds
for use at the discretion of the trustee;
or
(2) after December 31, 2010, in the case of a county having a
consolidated city, appropriate county fund.
SOURCE: IC 15-16-8-9; (09)IN1341.1.31. -->
SECTION 31. IC 15-16-8-9, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 9. Except as provided in sections 5 through 8 of
this chapter, the county auditor, upon receiving and filing a certified
statement under section 7(a) of this chapter, shall:
(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, 2010) the county
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, 2010),
in the case of a county having a consolidated city, placed in the
appropriate county fund.
SOURCE: IC 15-16-8-10; (09)IN1341.1.32. -->
SECTION 32. IC 15-16-8-10, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 10. After December 31, 2010, this section
applies only to a county not having a consolidated city. When the
annual township budget is prepared, a sufficient amount shall be
appropriated to enable the township officials trustees to comply with
this chapter.
SOURCE: IC 15-16-8-12; (09)IN1341.1.33. -->
SECTION 33. IC 15-16-8-12, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 12. (a) The Purdue University cooperative
extension service shall provide technical assistance to township
trustees or (after December 31, 2010) the county official for the
control of detrimental plants.
(b) All law enforcement agencies having jurisdiction in a township
or (after December 31, 2010) a county having a consolidated city
shall assist the township trustee or (after December 31, 2010) the
county official in carrying out the duties imposed on the trustee or
(after December 31, 2010) the county official under this chapter.
SOURCE: IC 15-16-8-14; (09)IN1341.1.34. -->
SECTION 34. IC 15-16-8-14, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 14. (a) A person who:
(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, 2010, placed in the appropriate county
fund, in the case of property located in a county that has a
consolidated city.
SOURCE: IC 16-31-5-1; (09)IN1341.1.35. -->
SECTION 35. IC 16-31-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1.
(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.
(b) This section does not apply to a township that:
(1) is located in a county having a consolidated city; and
(2) consolidated the township's fire department under
IC 36-3-1-6.1 or (after December 31, 2010) IC 36-3-1-6.4.
SOURCE: IC 16-41-19-7; (09)IN1341.1.36. -->
SECTION 36. IC 16-41-19-7, AS AMENDED BY P.L.73-2005,
SECTION 169, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 7.
(a) After December 31, 2010,
a county having a consolidated city has all the rights, duties, and
responsibilities of the township and the coordinator for social
services appointed under IC 36-2-2-14.5 and has all the rights,
duties, and responsibilities of the township trustee under this
section.
(a) (b) Except as provided in subsection
(b), (c), all costs that are
incurred in furnishing biologicals under this chapter,
IC 12-20-16-2(c)(13), or IC 12-20-16-14 shall be paid by:
(1) the appropriate county, city, or town against which the
application form is issued from general funds;
and
(2) the appropriate township
against which the application form
is issued from funds in the township assistance fund;
and
(3) after December 31, 2010, the coordinator of social services
appointed under IC 36-2-2-14.5 from funds in the county
township assistance fund;
not otherwise appropriated without appropriations.
(b) (c) A township
is not responsible for paying for biologicals as
provided in subsection
(a)(2) (b)(2) 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 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. The 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 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 shall consider an
adult individual needing insulin as an individual and not as a member
of a household requesting township assistance.
SOURCE: IC 23-14-31-26; (09)IN1341.1.37. -->
SECTION 37. IC 23-14-31-26, AS AMENDED BY P.L.102-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 26. (a) Except as provided in subsection (c), the
following persons, in the priority listed, have the right to serve as an
authorizing agent:
(1) An individual who possesses a health care power of attorney
of the decedent, unless the power of attorney prohibits the
individual from making plans for the disposition of the decedent's
body.
(2) The individual who was the spouse of the decedent at the time
of the decedent's death.
(3) The decedent's surviving adult children. If more than one (1)
adult child is surviving, any adult child who confirms in writing
that the other adult children have been notified, unless the
crematory authority receives a written objection to the cremation
from another adult child.
(4) The decedent's surviving parent. If the decedent is survived by
both parents, either parent may serve as the authorizing agent
unless the crematory authority receives a written objection to the
cremation from the other parent.
(5) The individual in the next degree of kinship under IC 29-1-2-1
to inherit the estate of the decedent. If more than one (1)
individual of the same degree is surviving, any person of that
degree may serve as the authorizing agent unless the crematory
authority receives a written objection to the cremation from one
(1) or more persons of the same degree.
(6) In the case of an indigent or other individual whose final
disposition is the responsibility of the state, or township, or (after
December 31, 2010) a county having a consolidated city, the
following may serve as the authorizing agent:
(A) If none of the persons identified in subdivisions (1)
through (5) of this section are available:
(i) a public administrator, including a responsible township
trustee or the trustee's designee, or (after December 31,
2010) the coordinator of social services appointed under
IC 36-2-2-14.5 for a county having a consolidated city; or
(ii) the coroner.
(B) A state appointed guardian.
However, an indigent decedent may not be cremated if a
surviving family member objects to the cremation or if cremation
would be contrary to the religious practices of the deceased
individual as expressed by the individual or the individual's
family.
(7) In the absence of any person under subdivisions (1) through
(6), any person willing to assume the responsibility as the
authorizing agent, as specified in this article.
(b) When a body part of a nondeceased individual is to be cremated,
a representative of the institution that has arranged with the crematory
authority to cremate the body part may serve as the authorizing agent.
(c) If:
(1) the death of the decedent appears to have been the result of:
(A) murder (IC 35-42-1-1);
(B) voluntary manslaughter (IC 35-42-1-3); or
(C) another criminal act, if the death does not result from the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement agency
investigating the death of the decedent, determines that there is a
reasonable suspicion that a person described in subsection (a)
committed the offense;
the person referred to in subdivision (2) may not serve as the
authorizing agent.
(d) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the crematory
authority of the determination referred to in subsection (c)(2).
SOURCE: IC 23-14-33-7.6; (09)IN1341.1.38. -->
SECTION 38. IC 23-14-33-7.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec..7.6. "Cemetery fund" means:
(1) the township fund; or
(2) after December 31, 2010, the cemetery fund for a county
having a consolidated city.
SOURCE: IC 23-14-33-13.5; (09)IN1341.1.39. -->
SECTION 39. IC 23-14-33-13.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 13.5. "County official" means the
elected or appointed official of a county having a consolidated city
who is responsible for administering this chapter for the county
after December 31, 2010.
SOURCE: IC 23-14-63-1; (09)IN1341.1.40. -->
SECTION 40. IC 23-14-63-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. This chapter applies
whenever ten (10) or more heads of families:
(1) who reside in:
(A) a township or (after December 31, 2010) a county
having a consolidated city; or
(B) the immediate vicinity of a cemetery owned by a township
or (after December 31, 2010) a county having a
consolidated city; and
(2) who own lots in and whose dead relatives are buried in a
cemetery owned by the township or the county having a
consolidated city (after December 31, 2010);
organize, either by themselves or with others, as a corporation for the
burial of the dead and the maintenance of a cemetery.
SOURCE: IC 23-14-63-2; (09)IN1341.1.41. -->
SECTION 41. IC 23-14-63-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The persons
described in section 1 of this chapter may file with the township trustee
or (after December 31, 2010) the county official a petition asking for
the conveyance of the cemetery owned by the township or (after
December 31, 2010) a county having a consolidated city 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.
SOURCE: IC 23-14-63-4; (09)IN1341.1.42. -->
SECTION 42. IC 23-14-63-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. The township trustee
or (after December 31, 2010) a county having a consolidated city,
if satisfied that the petition is signed by a majority of the owners of lots
in the cemetery who are residents of the township or of the immediate
vicinity of the cemetery, shall convey the cemetery to the corporation
formed by the petitioners.
SOURCE: IC 23-14-63-5; (09)IN1341.1.43. -->
SECTION 43. IC 23-14-63-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) A corporation to
which a cemetery is conveyed under section 4 of this chapter:
(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 by the township
trustee to the corporation under section 4 of this chapter are valid and
binding on all parties involved in the actions.
SOURCE: IC 23-14-64-1; (09)IN1341.1.44. -->
SECTION 44. IC 23-14-64-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. This chapter applies
whenever the board of directors of a cemetery association existing
under any Indiana statute before March 9, 1939, determines by a
majority vote to convey the real estate belonging to the association to
the township or (after December 31, 2010) a county having a
consolidated city in which the association's cemetery is located.
SOURCE: IC 23-14-64-1.5; (09)IN1341.1.45. -->
SECTION 45. IC 23-14-64-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1.5. As used in this chapter,
"county official" means the elected or appointed official of a
county having a consolidated city who is responsible for
administering this chapter for the county after December 31, 2010.
SOURCE: IC 23-14-64-2; (09)IN1341.1.46. -->
SECTION 46. IC 23-14-64-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. A township trustee
or (after December 31, 2010) the county official may accept a
conveyance of real estate described in section 1 of this chapter. After
the conveyance, the township trustee or (after December 31, 2010)
the county official shall maintain the cemetery as a public cemetery.
SOURCE: IC 23-14-64-3; (09)IN1341.1.47. -->
SECTION 47. IC 23-14-64-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) If a cemetery
association that conveys real estate to a township
or (after December
31, 2010) a county having a consolidated city under this chapter has
endowment funds, cash, securities, or other assets, the funds, cash,
securities, or other assets shall be paid over to the township trustee
or
(after December 31, 2010) a county having a consolidated city when
the real estate owned by the association is conveyed to the township
or
(after December 31, 2010) a county having a consolidated city.
(b) A township trustee who receives Cash, securities, endowment
funds, or other assets received by the township trustee or (after
December 31, 2010) the county official under subsection (a) may use
them be used only:
(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.
SOURCE: IC 23-14-64-4; (09)IN1341.1.48. -->
SECTION 48. IC 23-14-64-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. All expenses
incurred by the trustee or (after December 31, 2010) a county having
a consolidated city in administering this chapter shall be paid out of
the township cemetery fund. of the township.
SOURCE: IC 23-14-68-1.5; (09)IN1341.1.49. -->
SECTION 49. IC 23-14-68-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1.5. As used in this chapter,
"county official" means the elected or appointed official of a
county having a consolidated city who is responsible for
administering this chapter for the county after December 31, 2010.
SOURCE: IC 23-14-68-2; (09)IN1341.1.50. -->
SECTION 50. IC 23-14-68-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. The trustee of each
township or (after December 31, 2010) the county official shall
locate and maintain all the cemeteries described in section 1(a) of this
chapter that are within the township or (after December 31, 2010) a
county having a consolidated city. However, a cemetery association
claiming assistance under this chapter shall furnish a verified statement
of assets and liabilities to the township trustee or (after December 31,
2010) the county official.
SOURCE: IC 23-14-68-4; (09)IN1341.1.51. -->
SECTION 51. IC 23-14-68-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) The township
or
(after December 31, 2010) the county official shall appropriate
enough money to provide for the care, repair, and maintenance of each
cemetery described in section 1(a) of this chapter that is located within
the township
or (after December 31, 2010) a county having a
consolidated city. Funds shall be appropriated under this subsection
in the same manner as other
township appropriations
of the township
or (after December 31, 2010) a county having a consolidated city.
(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, 2010, a county having a consolidated city
may levy a county cemetery tax to create a fund for maintenance
of cemeteries under this chapter. A tax levied under this subsection
may be used only 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.
SOURCE: IC 23-14-69-1; (09)IN1341.1.52. -->
SECTION 52. IC 23-14-69-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. This chapter applies
to the following:
(1) A public cemetery that belongs to a township or (after
December 31, 2010) a county having a consolidated city.
(2) An addition to a public cemetery that belongs to a township or
(after December 31, 2010) a county having a consolidated city.
SOURCE: IC 23-14-69-2; (09)IN1341.1.53. -->
SECTION 53. IC 23-14-69-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. This chapter does not
apply to the following:
(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, 2010) a county having a consolidated city under
IC 23-14-68.
SOURCE: IC 23-14-69-2.5; (09)IN1341.1.54. -->
SECTION 54. IC 23-14-69-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 2.5. As used in this chapter,
"county official" means the elected or appointed official of a
county having a consolidated city who is responsible for
administering this chapter for the county after December 31, 2010.
SOURCE: IC 23-14-69-3; (09)IN1341.1.55. -->
SECTION 55. IC 23-14-69-3, AS AMENDED BY P.L.2-2008,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 3. A township trustee or (after December 31,
2010) the county official shall care for and maintain each cemetery to
which this chapter applies that is located in the township or (after
December 31, 2010) a county having a consolidated city, keeping the
cemeteries in a respectable condition by:
(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.
SOURCE: IC 23-14-69-4; (09)IN1341.1.56. -->
SECTION 56. IC 23-14-69-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) The township
trustee
or (after December 31, 2010) the county official may accept
donations of land suitable for a public cemetery if the township trustee
or (after December 31, 2010) the county official considers
acceptance of the land to be in the best interests of the township or
(after December 31, 2010) a county having a consolidated city.
(b) Donated land shall be:
(1) conveyed to the township or (after December 31, 2010) a
county having a consolidated city;
(2) set apart by the trustee or (after December 31, 2010) a
county having a consolidated city for a public cemetery; and
(3) kept in good condition and repair by the township trustee or
(after December 31, 2010) a county having a consolidated city.
SOURCE: IC 23-14-69-5; (09)IN1341.1.57. -->
SECTION 57. IC 23-14-69-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) If:
(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 having a consolidated city (after December 31, 2010), the
county executive, with the approval of the county fiscal body, may
purchase land for the purpose of establishing a public cemetery.
(b) (c) When land is purchased and conveyed to the township or
(after December 31, 2010) a county having a consolidated city
under subsection (a) or (b), the land must be set apart, kept in repair,
and used as provided in section 6 of this chapter.
SOURCE: IC 23-14-69-6; (09)IN1341.1.58. -->
SECTION 58. IC 23-14-69-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. A public cemetery
of a township or (after December 31, 2010) a county having a
consolidated city may be used by the inhabitants of the township or
(after December 31, 2010) county having a consolidated city for the
interment of the dead. The township trustee or (after December 31,
2010) the county official may prescribe regulations governing the use
of the cemetery.
SOURCE: IC 23-14-69-7; (09)IN1341.1.59. -->
SECTION 59. IC 23-14-69-7, AS AMENDED BY P.L.113-2006,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 7. (a) When a township or (after December 31,
2010) a county having a consolidated city acquires title to land by
donation, purchase, or otherwise for a public cemetery, the trustee of
the township or (after December 31, 2010) the county official shall:
(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, 2010) the county official shall appoint:
(1) one (1) disinterested freeholder of the township or (after
December 31, 2010) county having a consolidated city; 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 (after December 31, 2010) the county official.
SOURCE: IC 23-14-69-8; (09)IN1341.1.60. -->
SECTION 60. IC 23-14-69-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) The township
trustee or (after December 31, 2010) the county official may sell and
convey the lots in a cemetery to which this chapter applies at a private
sale to persons who desire to purchase them. The trustee or (after
December 31, 2010) the county official shall not sell a lot under this
subsection at less than the value fixed for the lot under section 7 of this
chapter.
(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, 2010) the county official 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, 2010) the county
official shall keep an accurate account of:
(1) the money received by the township trustee or (after
December 31, 2010) the county official for the purpose of
keeping the cemetery in repair; and
(2) the sums that the township trustee or (after December 31,
2010) the county official has paid out, and for which the trustee
or (after December 31, 2010) the county official has taken
vouchers.
SOURCE: IC 23-14-69-9; (09)IN1341.1.61. -->
SECTION 61. IC 23-14-69-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. All expenses
incurred by the township trustee
or (after December 31, 2010) the
county official for administering this chapter shall be paid out of the
township cemetery fund. of the township.
SOURCE: IC 23-14-70-1.5; (09)IN1341.1.62. -->
SECTION 62. IC 23-14-70-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1.5. As used in this chapter,
"county official" means the elected or appointed official of a
county having a consolidated city who is responsible for
administering this chapter for the county after December 31, 2010.
SOURCE: IC 23-14-70-3; (09)IN1341.1.63. -->
SECTION 63. IC 23-14-70-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. The county auditor
shall distribute the interest accrued on any cemetery fund or funds
received under section 1 of this chapter on the last Monday of January
of each year to the following person or persons:
(1) The trustee of the township or (after December 31, 2010) the
county official 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.
SOURCE: IC 23-14-70-4; (09)IN1341.1.64. -->
SECTION 64. IC 23-14-70-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) A township
trustee, (after December 31, 2010) the county official, or treasurer of
the board of directors of an incorporated cemetery who receives a
distribution under section 3 of this chapter shall make a receipt or
voucher for any money paid out.
(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.
SOURCE: IC 23-14-74-1; (09)IN1341.1.65. -->
SECTION 65. IC 23-14-74-1, AS AMENDED BY P.L.2-2008,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. A corporation, organization, association, or
individual that owns and has the control and management of a public
cemetery located in a township
or (after December 31, 2010) a
county having a consolidated city shall keep the public cemetery in
a respectable condition by destroying detrimental plants (as defined in
IC 15-16-8-1), noxious weeds, and rank vegetation.
SOURCE: IC 23-14-75-1; (09)IN1341.1.66. -->
SECTION 66. IC 23-14-75-1, AS AMENDED BY P.L.163-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. This chapter applies to a city, town, or
township, or (after December 31, 2010) county having a
consolidated city that:
(1) owns a cemetery that has been in existence for at least thirty
(30) years; or
(2) desires to own a public cemetery.
SOURCE: IC 23-14-75-2; (09)IN1341.1.67. -->
SECTION 67. IC 23-14-75-2, AS AMENDED BY P.L.163-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. If land has not been appropriated or set apart by
the owners by platting for a public cemetery and it is necessary to
purchase real estate for the cemetery:
(1) the legislative body of the city, or town, or (after December
31, 2010) county having a consolidated city; or
(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.
SOURCE: IC 32-26-4-2; (09)IN1341.1.68. -->
SECTION 68. IC 32-26-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The trustee of
each township, the county highway superintendent, the Indiana
department of transportation, or other officer in control of the
maintenance of a highway shall between January 1 and April 1 of each
year, examine all hedges, live fences, natural growths along highways,
and other obstructions described in section 1 of this chapter in their
respective jurisdictions.
However, after December 31, 2010, the
duties and obligations of a township trustee under this chapter are
the responsibility of the county in the case of a county having a
consolidated city. If there are hedges, live fences, other growths, or
obstructions along the highways that have not been cut, trimmed down,
and maintained in accordance with this chapter, the owner shall be
given written notice to cut or trim the hedge or live fence and to burn
the brush trimmed from the hedge or live fence and remove any other
obstructions or growths.
(b) The notice required under subsection (a) must be served by
reading the notice to the owner or by leaving a copy of the notice at the
owner's usual place of residence.
(c) If the owner is not a resident of the township, county, or state
where the hedge, live fence, or other obstructions or growth is located,
the notice shall be served upon the owner's agent or tenant residing in
the township
or (after December 31, 2010) a county having a
consolidated city. If an agent or a tenant of the owner does not reside
in the township or (after December 31, 2010) a county having a
consolidated city, the notice shall be served by mailing a copy of the
notice to the owner, directed to the owner's last known post office
address.
(d) If the owner, agents, or tenants do not proceed to cut and trim
the fences and burn the brush trimmed from the fences or remove any
obstructions or growths within ten (10) days after notice is served, the
township trustee, county highway superintendent, or Indiana
department of transportation shall immediately:
(1) cause the fences to be cut and trimmed or obstructions or
growths removed in accordance with this chapter; and
(2) burn the brush trimmed from the fences.
All expenses incurred under this subsection shall be assessed against
and become a lien upon the land in the same manner as road taxes.
(e) The township trustee, county highway superintendent, or Indiana
department of transportation, or (after December 31, 2010) county
official of a county having a consolidated city having charge of the
work performed under subsection (d) shall prepare an itemized
statement of the total cost of the work of removing the obstructions or
growths and shall sign and certify the statement to the county auditor
of the county in which the land is located. The county auditor shall
place the statement on the tax duplicates. The county treasurer shall
collect the costs entered on the duplicates at the same time and in the
same manner as road taxes are collected. The treasurer may not issue
a receipt for road taxes unless the costs entered on the duplicates are
paid in full at the same time the road taxes are paid. If the costs are not
paid when due, the costs shall become delinquent, bear the same
interest, be subject to the same penalties, and be collected at the same
time and in the same manner as other unpaid and delinquent taxes.
SOURCE: IC.32-26-9-0.6; (09)IN1341.1.69. -->
SECTION 69. IC.32-26-9-0.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 0.6. As used in this chapter,
"county official" means the official of a county having a
consolidated city who is responsible for administering this chapter
for the county after December 31, 2010.
SOURCE: IC 32-26-9-2; (09)IN1341.1.70. -->
SECTION 70. IC 32-26-9-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The owner of a
property that:
(1) is located outside;
(2) abuts; or
(3) is adjacent to;
the boundary of the corporate limits of a town or city shall separate the
owner's property from adjoining properties by a partition fence
constructed upon the line dividing or separating the properties
regardless of when the properties were divided.
(b) Except as otherwise provided in this chapter, and if a division of
the partition fence has not been made between the property owners for
the building, repairing, or rebuilding of the partition fence:
(1) for a partition fence built along a property line than runs from
north to south:
(A) the owner whose property lies to the east of the fence shall
build the north half of the fence; and
(B) the owner whose land lies to the west of the fence shall
build the south half of the fence; and
(2) for a partition fence built along a property line that runs from
east to west:
(A) the owner whose property lies north of the fence shall
build the west half of the fence; and
(B) the owner whose property lies to the south of the fence
shall build the east half of the fence.
(c) Notwithstanding subsection (b), if either property owner has
constructed one-half (1/2) of a partition fence that is not the portion
required under subsection (b) and has maintained that portion of the
partition fence for a period of not less than five (5) years, the property
owner may continue to maintain the portion of the fence.
(d) If a property owner fails to build, rebuild, or repair a partition
fence after receiving notice under this chapter, the township trustee of
the township in which the property is located or (after December 31,
2010) the county official shall build, rebuild, or repair the fence as
provided under this chapter.
SOURCE: IC 32-26-9-3; (09)IN1341.1.71. -->
SECTION 71. IC 32-26-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) A partition fence
shall be built, rebuilt, and kept in repair at the cost of the property
owners whose properties are enclosed or separated by the fences
proportionately according to the number of rods or proportion of the
fence the property owner owns along the line of the fence, whether the
property owner's title is a fee simple or a life estate.
(b) If a property owner fails or refuses to compensate for building,
rebuilding, or repairing the property owner's portion of a partition
fence, another property owner who is interested in the fence, after
having built, rebuilt, or repaired the property owner's portion of the
fence, shall give to the defaulting property owner or the defaulting
property owner's agent or tenant twenty (20) days notice to build,
rebuild, or repair the defaulting property owner's portion of the fence.
If the defaulting property owner or the defaulting property owner's
agent or tenant fails to build, rebuild, or repair the fence within twenty
(20) days, the complaining property owner shall notify the township
trustee of the township or (after December 31, 2010) the county
official in which the properties are located of the default.
(c) This subsection applies if the fence sought to be established,
rebuilt, or repaired is on a township line. Unless disqualified under
subsection (h), the complaining property owner shall notify the trustee
of the township or (after December 31, 2010) the county official in
which the property of the complaining property owner is located of the
default under subsection (b), and the trustee or (after December 31,
2010) the county official has jurisdiction in the matter.
(d) The township trustee or (after December 31, 2010) the county
official who receives a complaint under this section shall:
(1) estimate the costs for building, rebuilding, or repairing the
partition fence; and
(2) within a reasonable time after receiving the complaint, make
out a statement and notify the defaulting property owner of the
probable cost of building, rebuilding, or repairing the fence.
If twenty (20) days after receiving a notice under this subsection the
defaulting property owner has not built, rebuilt, or repaired the fence,
the trustee shall build or repair the fence. The trustee or (after
December 31, 2010) the county official may use only the materials for
the fences that are most commonly used by the farmers of the
community.
(e) If the trustee of a township is disqualified to act under subsection
(h), the trustee of an adjoining township who resides nearest to where
the fence is located shall act on the complaint upon receiving a notice
by a property owner who is interested in the fence.
(f) A lawful partition fence is any one (1) of the following that is
sufficiently tight and strong to hold cattle, hogs, horses, mules, and
sheep:
(1) A straight board and wire fence, a straight wire fence, a
straight board fence, or a picket fence four (4) feet high.
(2) A straight rail fence four and one-half (4 1/2) feet high.
(3) A worm rail fence five (5) feet high.
(g) This subsection applies if a ditch or creek crosses the division
line between two (2) property owners, causing additional expense in
the maintenance of the part over the stream. If the property owners
cannot agree upon the proportionate share of each property owner, the
township trustee or (after December 31, 2010) the county official
shall appoint three (3) disinterested citizens who shall apportion the
partition fence to be built by each property owner.
(h) If a township trustee or (after December 31, 2010) the county
official is:
(1) related to any of the interested property owners; or
(2) an interested property owner;
the trustee of any other township who resides nearest to where the
fence is located another trustee or county official shall act under this
chapter.
(i) This subsection applies if a ditch or creek forms, covers, or
marks the dividing line or a part of the dividing line between the
properties of separate and different property owners so that partition
fences required under this chapter cannot be built and maintained on
the dividing line. The partition fences shall be built and maintained
under this chapter as near to the boundary line as is practical, and each
property owner shall build a separate partition fence on the property
owner's property and maintain the fence at the property owner's cost.
(j) This subsection applies where a partition fence required under
this chapter crosses a ditch or creek and it is impracticable to construct
or maintain that portion of the fence that crosses the ditch or creek as
a stationary fence. Instead of the portion of the fence that would cross
the ditch or creek, there shall be constructed, as a part of the partition
fence, floodgates or other similar structures that are sufficiently high,
tight, and strong to turn hogs, sheep, cattle, mules, and horses or other
domestic animals. The floodgates or other similar structures shall be
constructed to swing up in times of high water and to connect
continuously with the partition fences.
(k) This subsection applies if the building and maintenance of the
floodgates or other similar structure required under subsection (j)
causes additional expenses and the property owners cannot agree upon
the character of floodgates or other similar structure, or upon the
proportionate share of the cost to be borne by each property owner.
The:
(1) township trustee, upon notice in writing from either property
owner of a disagreement and the nature of the disagreement, shall
appoint three (3) disinterested citizens of the township; or
(2) (after December 31, 2010) county official, upon notice in
writing from either property owner of a disagreement and the
nature of the disagreement, shall appoint three (3)
disinterested citizens of the county;
who shall determine the kind of structure and apportion the cost of the
floodgate or other structure between the property owners, taking into
consideration the parts of the fence being maintained by each property
owner.
(l) The determination of a majority of the arbitrators of any matter
or matters submitted to them under this section is final and binding on
each property owner. The compensation of the arbitrators is two dollars
($2) each, which shall be paid by the property owners in the proportion
each property owner is ordered to bear the expense of a gate or
structure.
(m) This subsection applies if either or both of the property owners
fail to construct or compensate for constructing the structure
determined upon by the arbitrators in the proportion determined within
thirty (30) days after the determination. The township trustee or (after
December 31, 2010) the county official shall proceed at once to
construct the gate or structure and collect the cost of the gate or
structure, including the compensation of the arbitrators, from the
defaulting property owner in the same manner as is provided for
ordinary partition fences. The floodgate or other structure shall be
repaired, rebuilt, or replaced according to the determination of the
arbitrators.
SOURCE: IC 32-26-9-4; (09)IN1341.1.72. -->
SECTION 72. IC 32-26-9-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) As soon as the
township trustee
or (after December 31, 2010) the county official has
had a fence built, rebuilt, or repaired under this chapter, the trustee
or
(after December 31, 2010) the county official shall make out a
certified statement in triplicate of the actual cost incurred by the trustee
or (after December 31, 2010) the county official in the building,
rebuilding, or repairing the fence. One (1) copy must be handed to or
mailed to the property owner affected by the work, one (1) copy must
be retained by the trustee as a record for the township, and one (1) copy
must be filed in the auditor's office of the county in which the fence is
located and in which the property of the property owner affected by the
work is located. At the same time the trustee shall also file with the
county auditor a claim against the county, for the amount shown in the
statement filed with the county auditor.
(b) The county auditor shall:
(1) examine the claims and statement as other claims are
examined; and
(2) present the claims and statements to the board of county
commissioners at the next regular meeting.
Unless there is an apparent error in the statement or claim, the board of
county commissioners shall make allowance, and the county auditor
shall issue a warrant for the amount claimed to the township trustee
submitting the claim out of the county general fund without an
appropriation being made by the county council.
(c) The amount paid out of the county general fund under subsection
(b) or (after December 31, 2010) the amount incurred by a county,
in the case of a county having a consolidated city, for the work shall
be:
(1) placed by the county auditor on the tax duplicate against the
property of the property owner affected by the work;
(2) collected as taxes are collected; and
(3) when collected, paid into the county general fund.
SOURCE: IC 33-34-1-2; (09)IN1341.1.73. -->
SECTION 73. IC 33-34-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 2. (a) There are
established township five (5) small claims courts in each county
containing a consolidated city.
(b) The name of each court shall be the "__________ Township of
Marion County Small Claims Court" (insert the name of the township
in the blank).
(b) Each small claims court has one (1) judge appointed by the
mayor of the consolidated city under IC 33-34-2-1.
SOURCE: IC 33-34-1-5; (09)IN1341.1.74. -->
SECTION 74. IC 33-34-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 5. The judge of
the circuit court shall extend aid and assistance to the judges in the
conduct of the township small claims courts.
SOURCE: IC 33-34-2-1; (09)IN1341.1.75. -->
SECTION 75. IC 33-34-2-1, AS AMENDED BY P.L.174-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 1. (a) A judge of a small claims court shall
be elected at the general election every four (4) years by the registered
voters residing within the township in which the small claims court is
located. appointed by the mayor of the consolidated city.
(b) Not more than three (3) of the five (5) small claims court
judges may be members of the same political party.
(c) Before the term of a person serving as a small claims court
judge expires, the mayor shall:
(1) reappoint the person for another term as judge; or
(2) appoint another person as judge.
(d) If a vacancy occurs on a small claims court, the mayor of the
consolidated city shall appoint a qualified person to serve the
remainder of the unexpired term.
SOURCE: IC 33-34-2-2; (09)IN1341.1.76. -->
SECTION 76. IC 33-34-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 2. A judge must
meet the qualifications prescribed by IC 3-8-1-30. be:
(1) a United States citizen;
(2) a resident of the county having the consolidated city; and
(3) admitted to the practice of law in Indiana;
upon being appointed by the mayor of the consolidated city.
SOURCE: IC 33-34-2-3; (09)IN1341.1.77. -->
SECTION 77. IC 33-34-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 3. The term of
office of a judge is four (4) six (6) years, beginning January 1 after
election appointment and continuing until:
(1) the judge is reappointed for another six (6) year term; or
(2) a successor is (1) elected; and (2) qualified. appointed for a
six (6) year term.
SOURCE: IC 33-34-2-4; (09)IN1341.1.78. -->
SECTION 78. IC 33-34-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 4. (a) The circuit
court judge may establish a regular hourly schedule for the
performance of duties by full-time or part-time township small claims
courts, and each judge shall maintain that schedule.
(b) If the circuit court judge does not establish a regular hourly
schedule, the judge shall perform the judge's duties at regular,
reasonable hours.
(c) Regardless of whether a regular hourly schedule has been
established as set forth in subsection (a), a judge shall hold sessions in
addition to the judge's regular schedule whenever the business of the
judge's court requires.
SOURCE: IC 33-34-2-5; (09)IN1341.1.79. -->
SECTION 79. IC 33-34-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 5. (a) The salary
of a judge who serves full time must be in an amount determined by the
township board of the township in which the small claims court is
located. city-county council of the consolidated city.
(b) The salary of each judge who serves part time must be in an
amount determined by the township board and approved by the
city-county council.
(c) (b) The salary of a judge may not be reduced during the judge's
term of office.
(d) (c) At any other time, salaries of any full-time or part-time judge
may be increased or decreased by the township board of the township
in which the small claims court is located. city-county council of the
consolidated city.
SOURCE: IC 33-34-2-6; (09)IN1341.1.80. -->
SECTION 80. IC 33-34-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 6. (a) The annual
salary of a judge shall be paid in twelve (12) equal monthly
installments by the township trustee. a schedule determined by the
county auditor and approved by the city-county council of the
consolidated city.
(b) The judge may not receive remuneration other than a salary set
under section 5 of this chapter for the performance of the judge's
official duties except payments for performing marriage ceremonies.
SOURCE: IC 33-34-2-7; (09)IN1341.1.81. -->
SECTION 81. IC 33-34-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 7. (a) A judge
serving part-time may participate in other gainful employment if the
employment does not:
(1) interfere with the exercise of the judge's judicial office; or
(2) involve any conflict of interest in the performance of the
judge's judicial duties.
(b) A judge serving shall devote full time to the judge's judicial
duties and may not engage in the practice of law. if the practice does
not conflict in any way with the judge's official duties and does not:
(1) cause the judge to be unduly absent from the court; or
(2) interfere with the ready and prompt disposal of the judge's
judicial duties.
SOURCE: IC 33-34-2-9; (09)IN1341.1.82. -->
SECTION 82. IC 33-34-2-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 9. (a) A vacation
of one (1) month per year shall be provided for a judge. who serves in
a full-time capacity.
(b) The circuit court judge may authorize the appointment of a judge
pro tempore to handle the judicial business of the vacationing judge, if
the circuit court judge considers it necessary.
SOURCE: IC 33-34-2-13; (09)IN1341.1.83. -->
SECTION 83. IC 33-34-2-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 13. (a) A judge
shall procure a seal that will stamp upon paper a distinct impression of
words and letters. The seal must contain the words "____________
Township of "Marion County Small Claims Court". (insert the name of
the township in the blank).
(b) Deeds, mortgages, powers of attorney, state warrants, and all
other instruments of writing pertaining to the judge's official duty,
attested by the seal and signature of the judge, are presumptive
evidence of the official character of the court or judge in all courts in
Indiana without further authentication.
SOURCE: IC 33-34-2-14; (09)IN1341.1.84. -->
SECTION 84. IC 33-34-2-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 14. (a) The
resignation of a judge shall be delivered to the clerk of the circuit court.
The clerk shall advise the circuit court and appropriate township board.
the mayor of the consolidated city.
(b) A vacancy occurring in a judgeship must be filled under
IC 3-13-10. by the mayor under section 1(d) of this chapter.
SOURCE: IC 33-34-3-1; (09)IN1341.1.85. -->
SECTION 85. IC 33-34-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 1. (a) Except for
a claim between landlord and tenant, A case within the jurisdiction of
a small claims court may be:
(1) venued;
(2) commenced; and
(3) decided;
in any township small claims court within the county. However, upon
a motion for change of venue filed by the defendant within ten (10)
days of service of the summons, the township small claims court shall
determine in accordance with subsection (b) whether required venue
lies with the court or with another small claims court in the county in
which the small claims court action was filed.
(b) The venue determination to be made under subsection (a) must
be made in the following order:
(1) In an action upon a debt or account, venue is in the township
where any defendant has consented to venue in a writing signed
by the defendant.
(2) Venue is in the township where a transaction or occurrence
giving rise to any part of the claim took place.
(3) Venue is in the township (in a county of the small claims
court) where the greater percentage of individual defendants
included in the complaint resides, or, if there is not a greater
percentage, the place where any individual named as a defendant:
(A) resides;
(B) owns real estate; or
(C) rents an apartment or real estate or where the principal
office or place of business of any defendant is located.
(4) Venue is in the township where the claim was filed if there is
no other township in the county in which the small claims court
sits in which required venue lies.
(c) Venue of any claim between landlord and tenant must be in the
township where the real estate is located.
(d) If a written motion challenging venue is received by the small
claims court, the court shall rule whether required venue lies in the
township of filing.
SOURCE: IC 33-34-3-14; (09)IN1341.1.86. -->
SECTION 86. IC 33-34-3-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 14. (a) All
judgments rendered in civil actions may be recorded in the judgment
docket book of the proper
division of the small claims court.
(b) A judgment entered by a small claims court is a lien on real
estate when entered in the circuit court judgment docket in the same
manner as a judgment in a court of general jurisdiction becomes a lien
on real estate under IC 34-55-9.
(c) The clerk of the small claims court shall keep a docket in which
judgments shall be entered and properly indexed in the name of the
judgment defendant as judgments of circuit courts are entered and
indexed.
SOURCE: IC 33-34-5-1; (09)IN1341.1.87. -->
SECTION 87. IC 33-34-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 1. The circuit
court judge may transfer cases from one (1) township small claims
court to another as necessary.
SOURCE: IC 33-34-5-4; (09)IN1341.1.88. -->
SECTION 88. IC 33-34-5-4, AS AMENDED BY P.L.174-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 4. (a) If a judge is unable to preside over the
judge's small claims court during any number of days, the judge mayor
of the consolidated city may appoint in writing a person qualified to
be a small claims judge under IC 33-34-2-2 to preside in place of the
judge.
(b) The written appointment shall be entered on the order book or
record of the circuit court. The appointee shall, after taking the oath
prescribed for the judges, conduct the business of the small claims
court subject to the same rules and regulations as judges and has the
same authority during the continuance of the appointee's appointment.
(c) The appointee is entitled to the same compensation from the
township trustee as accruable to the small claims judge in whose place
the appointee is serving.
SOURCE: IC 33-34-5-5; (09)IN1341.1.89. -->
SECTION 89. IC 33-34-5-5, AS AMENDED BY P.L.174-2006,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 5. (a) A judge absent from the bench for
more than thirty (30) days shall deposit the dockets, books, and papers
of the office with the:
(1) small claims judge of another township; small claims court;
or
(2) circuit court;
as directed by the circuit court judge.
(b) A:
(1) judge with whom the docket of another judge is deposited
during a vacancy or an absence; and
(2) successor of any judge who has the dockets of the successor's
predecessor in the successor's possession;
may perform all duties that the judge might do legally in relation to the
judge's own dockets.
(c) Process shall be returned to the judge who has the legal custody
of the docket at the day of return.
SOURCE: IC 33-34-6-1; (09)IN1341.1.90. -->
SECTION 90. IC 33-34-6-1, AS AMENDED BY P.L.174-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 1. (a) The township trustee city-county
council of the consolidated city shall provide a courtroom and an
office for each judge in a convenient location within the township that
has: county as determined by the mayor of the consolidated city
under subsection (b). Each location must have:
(1) adequate access;
(2) sufficient parking facilities;
(3) a separate and appropriate courtroom;
(4) proper space and facilities for the bailiff, clerks, and other
employees; and
(5) enough room for files and supplies.
(b) The mayor of the consolidated shall determine the location
of the five (5) small claims courts as follows:
(1) One (1) small claims court must be located in the township
in the county that has the largest population.
(2) The other four (4) small claims courts must be located in
other townships in the county not described in subdivision (1)
at places that are the most convenient for public access.
SOURCE: IC 33-34-6-2; (09)IN1341.1.91. -->
SECTION 91. IC 33-34-6-2, AS AMENDED BY P.L.174-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 2. A township The city-county council of
the consolidated city shall:
(1) furnish all:
(A) supplies, including all blanks, forms, stationery, and
papers of every kind, required for use in all cases in the
township small claims court; and
(B) furniture, books, and other necessary equipment and
supplies; and
(2) provide for all necessary maintenance and upkeep of the
facilities where court is held.
SOURCE: IC 33-34-6-3; (09)IN1341.1.92. -->
SECTION 92. IC 33-34-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 3. Each township
The city-county council of the consolidated city shall provide an
appropriate and competitive salary, of at least five thousand six
hundred dollars ($5,600) as determined by the city-county council,
for the number of clerks for the small claims court sufficient to:
(1) operate efficiently; and
(2) adequately serve the citizens doing business with the court.
SOURCE: IC 33-34-6-5; (09)IN1341.1.93. -->
SECTION 93. IC 33-34-6-5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 5. The division of the sheriff's department
that is responsible for the service of civil process is also responsible
for service of process for the small claims courts.
SOURCE: IC 33-34-7-3; (09)IN1341.1.94. -->
SECTION 94. IC 33-34-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 3. The judge of
the circuit court, with the assistance of the clerk of the circuit court, the
judges of the small claims courts, and the state board of accounts, shall,
at the expense of the townships: county having a consolidated city:
(1) provide the forms, blanks, court calendar books, judgment
dockets, and fee books; and
(2) make rules and instructions to direct the judges in keeping
records and making reports.
The clerk of the circuit court shall keep full and permanent records and
reports of each judge's past and current proceedings, indexed and
available for reference as a public record.
SOURCE: IC 33-34-8-1; (09)IN1341.1.95. -->
SECTION 95. IC 33-34-8-1, AS AMENDED BY P.L.176-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 1. (a) The following fees and costs apply to
cases in the small claims court:
(1) A
township small claims court docket fee of five dollars ($5)
plus forty-five percent (45%) of the infraction or ordinance
violation costs fee under IC 33-37-4-2.
(2) The bailiff's service of process by registered or certified mail
fee of thirteen dollars ($13) for each service.
(3) The cost for the personal service of process by the bailiff or
other process server of thirteen dollars ($13) for each service.
(4) Witness fees, if any, in the amount provided by IC 33-37-10-3
to be taxed and charged in the circuit court.
(5) A redocketing fee, if any, of five dollars ($5).
(6) A document storage fee under IC 33-37-5-20.
(7) An automated record keeping fee under IC 33-37-5-21.
(8) A late fee, if any, under IC 33-37-5-22.
(9) A public defense administration fee under IC 33-37-5-21.2.
(10) A judicial insurance adjustment fee under IC 33-37-5-25.
(11) A judicial salaries fee under IC 33-37-5-26.
(12) A court administration fee under IC 33-37-5-27.
The docket fee and the cost for the initial service of process shall be
paid at the institution of a case. The cost of service after the initial
service shall be assessed and paid after service has been made. The
cost of witness fees shall be paid before the witnesses are called.
(b) If the amount of the
township small claims court docket fee
computed under subsection (a)(1) is not equal to a whole number, the
amount shall be rounded to the next highest whole number.
SOURCE: IC 33-34-8-3; (09)IN1341.1.96. -->
SECTION 96. IC 33-34-8-3, AS AMENDED BY P.L.122-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 3. (a) Payment for all costs made as a result
of proceedings in a small claims court shall be
to deposited in the
_______ Township of Marion County Small Claims Court (with the
name of the township inserted). county general fund of the county
having a consolidated city. The court shall issue a receipt for all
money received on a form numbered serially in duplicate.
All township
docket fees and late fees received by the court shall be paid to the
township trustee at the close of each month.
(b) The
court county auditor shall:
(1) semiannually distribute to the auditor of state:
(A) all automated record keeping fees (IC 33-37-5-21)
received by the court for deposit in the state user fee fund
established under IC 33-37-9;
(B) all public defense administration fees collected by the
court under IC 33-37-5-21.2 for deposit in the state general
fund;
(C) sixty percent (60%) of all court administration fees
collected by the court under IC 33-37-5-27 for deposit in the
state general fund;
(D) all judicial insurance adjustment fees collected by the
court under IC 33-37-5-25 for deposit in the judicial branch
insurance adjustment account established by IC 33-38-5-8.2;
and
(E) seventy-five percent (75%) of all judicial salaries fees
collected by the court under IC 33-37-5-26 for deposit in the
state general fund; and
(2)
distribute monthly to the county auditor deposit all document
storage fees
received by the court. into the clerk's record
perpetuation fund under IC 33-37-5-2.
The
remaining forty percent (40%) of the court administration fees
described in subdivision (1)(C) and remaining twenty-five percent
(25%) of the judicial salaries fees described in subdivision (1)(E)
shall
be deposited
monthly in the
township county general fund.
of the
township in which the court is located. The county auditor shall deposit
fees distributed under subdivision (2) into the clerk's record
perpetuation fund under IC 33-37-5-2.
(c) The court semiannually shall pay to the township trustee of the
township in which the court is located the remaining forty percent
(40%) of the court administration fees described under subsection
(b)(1)(C) to fund the operations of the small claims court in the
trustee's township.
(c) Funds deposited in the county general fund under this
section shall be used:
(1) to offset the expenses of operating the five (5) small claims
courts in the county, including the payment of salaries of
persons who serve process for the small claims courts; and
(2) if any funds remain during a fiscal year after the payment
of expenses under subdivision (1), to fund public safety
programs in the county as determined by the city-county
council of the consolidated city.
SOURCE: IC 34-30-2-58; (09)IN1341.1.97. -->
SECTION 97. IC 34-30-2-58, AS AMENDED BY P.L.2-2008,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 58. IC 15-16-8-4 (Concerning township
trustees, county officials, or persons hired by them for the removal of
detrimental plants upon another person's real property).
SOURCE: IC 36-1-8-5.1; (09)IN1341.1.98. -->
SECTION 98. IC 36-1-8-5.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5.1. (a) A political
subdivision may establish a rainy day fund by the adoption of:
(1) an ordinance, in the case of a county, city, or town; or
(2) a resolution, in the case of any other political subdivision.
(b) An ordinance or a resolution adopted under this section must
specify the following:
(1) The purposes of the rainy day fund.
(2) The sources of funding for the rainy day fund, which may
include the following:
(A) Unused and unencumbered funds under:
(i) section 5 of this chapter;
(ii) IC 6-3.5-1.1-21.1;
(iii) IC 6-3.5-6-17.3; or
(iv) IC 6-3.5-7-17.3.
(B) Any other funding source:
(i) specified in the ordinance or resolution adopted under
this section; and
(ii) not otherwise prohibited by law.
(c) The rainy day fund is subject to the same appropriation process
as other funds that receive tax money.
(d) In any fiscal year, a political subdivision may transfer under
section 5 of this chapter not more than ten percent (10%) of the
political subdivision's total annual budget for that fiscal year, adopted
under IC 6-1.1-17, to the rainy day fund.
(e) A political subdivision may use only the funding sources
specified in subsection (b)(2)(A) or in the ordinance or resolution
establishing the rainy day fund. The political subdivision may adopt a
subsequent ordinance or resolution authorizing the use of another
funding source.
(f) The department of local government finance may not reduce the
actual or maximum permissible levy of a political subdivision as a
result of a balance in the rainy day fund of the political subdivision.
(g) A township that is located in a county having a consolidated
city may not after July 1, 2009, transfer or expend from the
township's rainy day fund more than one percent (1%) of the
balance in that rainy day fund (as of July 1, 2009) in any twelve
(12) month period without approval of the fiscal body of the
consolidated city.
SOURCE: IC 36-1-8-17; (09)IN1341.1.99. -->
SECTION 99. IC 36-1-8-17 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 17. (a) This section applies only to a township in a
county having a consolidated city.
(b) After June 30, 2009, a township may not enter into a
contract with a term that extends beyond December 31, 2010,
unless the contract has been approved by the fiscal body of the
county.
SOURCE: IC 36-2-2-14.5; (09)IN1341.1.100. -->
SECTION 100. IC 36-2-2-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 14.5. (a) The executive shall
appoint a coordinator of social services to:
(1) estimate the amount necessary to meet the cost of township
assistance in the county for taxes first due and payable after
2010; and
(2) administer township assistance for the county under
IC 12-20-1-5 and IC 12-30-4 beginning January 1, 2011.
(b) The coordinator is under the supervision of the executive
and holds office at the pleasure of the executive.
(c) If the coordinator is absent from the coordinator's office due
to illness, death, vacation, resignation, or removal, the president of
the executive, if any, or a qualified person appointed by the
executive shall act as coordinator until the coordinator returns to
the coordinator's duties or the executive appoints a new
coordinator.
SOURCE: IC.36-3-1-6.1; (09)IN1341.1.101. -->
SECTION 101. IC.36-3-1-6.1, AS AMENDED BY P.L.1-2006,
SECTION 560, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec..6.1. (a) This section applies only in
a county containing a consolidated city
and applies only to the
consolidations of fire departments that are effective before
January 1, 2011. If the requirements of subsection (g) are satisfied, the
fire departments of the following are consolidated into the fire
department of a consolidated city (referred to as "the consolidated fire
department"):
(1) A township for which the consolidation is approved by the
township legislative body and trustee and the legislative body and
mayor of the consolidated city.
(2) Any fire protection territory established under IC 36-8-19 that
is located in a township described in subdivision (1).
(b) If the requirements of subsection (g) are satisfied, the
consolidated fire department shall provide fire protection services
within an entity described in subsection (a)(1) or (a)(2) in which the
requirements of subsection (g) are satisfied on the date agreed to in the
resolution of the township legislative body and the ordinance of the
legislative body of the consolidated city.
(c) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of the consolidated city, all of the property, equipment,
records, rights, and contracts of the department consolidated into the
fire department of the consolidated city are:
(1) transferred to; or
(2) assumed by;
the consolidated city on the effective date of the consolidation.
However, real property other than real property used as a fire station
may be transferred only on terms mutually agreed to by the legislative
body and mayor of the consolidated city and the trustee and legislative
body of the township in which that real property is located.
(d) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of the consolidated city, the employees of the fire
department consolidated into the fire department of the consolidated
city cease employment with the department of the entity listed in
subsection (a) and become employees of the consolidated fire
department on the effective date of the consolidation. The consolidated
city shall assume all agreements with labor organizations that:
(1) are in effect on the effective date of the consolidation; and
(2) apply to employees of the department consolidated into the
fire department of the consolidated city who become employees
of the consolidated fire department.
(e) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the indebtedness related to fire
protection services incurred before the effective date of the
consolidation by the entity or a building, holding, or leasing
corporation on behalf of the entity whose fire department is
consolidated into the consolidated fire department under subsection (a)
shall remain the debt of the entity and does not become and may not be
assumed by the consolidated city. Indebtedness related to fire
protection services that is incurred by the consolidated city before the
effective date of the consolidation shall remain the debt of the
consolidated city, and property taxes levied to pay the debt may only
be levied by the fire special service district.
(f) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the merit board and the merit
system of the fire department that is consolidated are dissolved on the
effective date of the consolidation, and the duties of the merit board are
transferred to and assumed by the merit board for the consolidated fire
department on the effective date of the consolidation.
(g) A township legislative body, after approval by the township
trustee, may adopt a resolution approving the consolidation of the
township's fire department with the fire department of the consolidated
city. A township legislative body may adopt a resolution under this
subsection only after the township legislative body has held a public
hearing concerning the proposed consolidation. The township
legislative body shall hold the hearing not earlier than thirty (30) days
after the date the resolution is introduced. The hearing shall be
conducted in accordance with IC 5-14-1.5, and notice of the hearing
shall be published in accordance with IC 5-3-1. If the township
legislative body has adopted a resolution under this subsection, the
township legislative body shall, after approval from the township
trustee, forward the resolution to the legislative body of the
consolidated city. If such a resolution is forwarded to the legislative
body of the consolidated city and the legislative body of the
consolidated city adopts an ordinance, approved by the mayor of the
consolidated city, approving the consolidation of the fire department of
the township into the fire department of the consolidated city, the
requirements of this subsection are satisfied. The consolidation shall
take effect on the date agreed to by the township legislative body in its
resolution and by the legislative body of the consolidated city in its
ordinance approving the consolidation.
(h) The following apply if the requirements of subsection (g) are
satisfied:
(1) The consolidation of the fire department of that township is
effective on the date agreed to by the township legislative body in
the resolution and by the legislative body of the consolidated city
in its ordinance approving the consolidation.
(2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
fire department of a consolidated city under this section;
remains a member of the 1977 fund without being required to
meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The
firefighter shall receive credit for any service as a member of the
1977 fund before the consolidation to determine the firefighter's
eligibility for benefits under IC 36-8-8.
(3) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
fire department of a consolidated city under this section;
remains a member of the 1937 fund. The firefighter shall receive
credit for any service as a member of the 1937 fund before the
consolidation to determine the firefighter's eligibility for benefits
under IC 36-8-7.
(4) For property taxes first due and payable in the year in which
the consolidation is effective, the maximum permissible ad
valorem property tax levy under IC 6-1.1-18.5:
(A) is increased for the consolidated city by an amount equal
to the maximum permissible ad valorem property tax levy in
the year preceding the year in which the consolidation is
effective for fire protection and related services by the
township whose fire department is consolidated into the fire
department of the consolidated city under this section; and
(B) is reduced for the township whose fire department is
consolidated into the fire department of the consolidated city
under this section by the amount equal to the maximum
permissible ad valorem property tax levy in the year preceding
the year in which the consolidation is effective for fire
protection and related services for the township.
(5) The amount levied in the year preceding the year in which the
consolidation is effective by the township whose fire department
is consolidated into the fire department of the consolidated city
for the township's cumulative building and equipment fund for
fire protection and related services is transferred on the effective
date of the consolidation to the consolidated city's cumulative
building and equipment fund for fire protection and related
services, which is hereby established. The consolidated city is
exempted from the requirements of IC 36-8-14 and IC 6-1.1-41
regarding establishment of the cumulative building and
equipment fund for fire protection and related services.
(6) The local boards for the 1937 firefighters' pension fund and
the 1977 police officers' and firefighters' pension and disability
fund of the township are dissolved, and their services are
terminated not later than the effective date of the consolidation.
The duties performed by the local boards under IC 36-8-7 and
IC 36-8-8, respectively, are assumed by the consolidated city'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 consolidated city may adopt an
ordinance to adjust the membership of the consolidated city's
local board to reflect the consolidation.
(7) 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 fire department. However, property
taxes to fund the pension obligation under IC 36-8-7 for members
of the 1937 firefighters fund who were employees of the
consolidated city at the time of the consolidation may be levied
only by the fire special service district within the fire special
service district. The fire special service district established under
IC 36-3-1-6 may levy property taxes to provide for the payment
of expenses for the operation of the consolidated fire department
within the territory of the fire special service district. 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 fire department of the
consolidated city on the effective date of the consolidation may be
levied only by the fire special service district within the fire
special service district. Property taxes to fund the pension
obligation for members of the 1937 firefighters fund who were
not members of the fire department of the consolidated city on the
effective date of the consolidation and members of the 1977
police officers' and firefighters' pension and disability fund who
were not members of the fire department of the consolidated city
on the effective date of the consolidation may be levied by the
consolidated city within the city's maximum permissible ad
valorem property tax levy. However, these taxes may be levied
only within the fire special service district and any townships that
have consolidated fire departments under this section.
(8) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before March
1 of the year in which the consolidation is effective and before
March 1 in each of 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 state budget
committee.
SOURCE: IC.36-3-1-6.2; (09)IN1341.1.102. -->
SECTION 102. IC.36-3-1-6.2, AS ADDED BY P.L.227-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec..6.2. (a) If a consolidated fire department is
established consolidated under section 6.1 of this chapter, the
consolidated city, through the consolidated fire department, shall after
the consolidation establish, operate, and maintain emergency
ambulance services (as defined in IC.16-18-2-107) in the fire special
service district and in those townships in the county that are
consolidated under section 6.1 of this chapter.
(b) This section does not prohibit the providing of emergency
ambulance services by contract or under an interlocal agreement
under IC 36-1-7.
SOURCE: IC 36-3-1-6.4; (09)IN1341.1.103. -->
SECTION 103. IC 36-3-1-6.4 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]:
Sec. 6.4. (a) This section does not
apply to the consolidation of a fire department under section 6.1 of
this chapter that is effective before January 1, 2011.
(b) The following fire departments are consolidated into the fire
department of the consolidated city (referred to as "the
consolidated fire department") on January 1, 2011:
(1) The fire department of a township located in the county
containing a consolidated city.
(2) The fire department of any fire protection territory
established under IC 36-8-19 that is located in a township
described in subdivision (1).
The fire department of an excluded city is not consolidated into the
fire department of the consolidated city.
(c) After December 31, 2010, the consolidated fire department
shall provide fire protection services within the county (except in
an excluded city). The consolidated fire department may provide
fire protection services in an excluded city if the consolidated city
and the excluded city enter into a contract or interlocal agreement
for the fire protection services.
(d) All of the property, equipment, records, rights, and contracts
of each department consolidated into the fire department of the
consolidated city under this section are:
(1) transferred to; or
(2) assumed by;
the consolidated city on January 1, 2011. Any funds transferred
under this subsection to the consolidated city that represent
balances in a cumulative building and equipment fund for fire
protection and related services established under IC 36-8-14 shall
be deposited in the consolidated city's cumulative building and
equipment fund for fire protection and related services and shall
be used by the consolidated city only for funding land, buildings,
and equipment for fire protection and emergency medical services
as provided under IC 36-8-14.
(e) The employees of a fire department that is consolidated into
the fire department of the consolidated city under this section cease
employment with the department listed in subsection (b) and,
subject to approval of the executive of the consolidated city under
IC 36-6-1.1-3, become employees of the consolidated fire
department on January 1, 2011. The consolidated city shall assume
all agreements with labor organizations that:
(1) are in effect on January 1, 2011; and
(2) apply to employees of the department that is consolidated
into the fire department of the consolidated city who become
employees of the consolidated fire department.
(f) Indebtedness related to fire protection services incurred
before January 1, 2011, by an entity whose fire department is
consolidated into the consolidated fire department under this
section (or incurred by a building, holding, or leasing corporation
on behalf of the entity) shall be assumed, defeased, paid, or
refunded by the consolidated city. However, the consolidated city
may levy a tax to pay the indebtedness only within the geographic
area of the entity that originally incurred the indebtedness.
(g) Notwithstanding any other law, to assume, defease, pay, or
refund all or part of an indebtedness described in subsection (f),
the consolidated city is not required to comply with any other
statutory procedures or approvals that apply when a unit incurs
indebtedness.
(h) Notwithstanding subsections (f) and (g), the consolidated city
may not assume all or a part of an indebtedness described in
subsection (f) that will exceed the limitations on the amount of
indebtedness that the consolidated city may incur. If the
consolidated city is prohibited by this subsection from assuming all
or a part of an indebtedness described in subsection (f), the entity
that originally incurred the debt:
(1) shall impose the tax levy necessary to pay the
indebtedness; and
(2) shall, notwithstanding any other provision, remain in
existence until the indebtedness is paid.
An entity that remains in existence under subdivision (2) shall
remain in existence only for the purpose of imposing the tax levy
under subdivision (1).
(i) The rights of trustees and bondholders with respect to any:
(1) bonds or other indebtedness described in subsection (f); or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness described in subsection (f);
remain the same, although the powers, duties, agreements, and
liabilities of the entities listed in subsection (b) have been
transferred to the consolidated city, and the consolidated city shall
be considered to have assumed all those powers, duties,
agreements, and liabilities.
(j) The merit board and the merit system of each fire
department that is consolidated into the fire department of the
consolidated city are dissolved on January 1, 2011, and the duties
of the merit board are transferred to and assumed by the merit
board for the consolidated fire department on that day.
(k) The following apply after a fire department is consolidated
into the fire department of the consolidated city under this section:
(1) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund on January 1, 2011;
and
(B) who, after the consolidation, becomes an employee of
the fire department of a consolidated city under this
section;
remains a member of the 1977 fund without being required to
meet the requirements under IC 36-8-8-19 and IC 36-8-8-21.
The firefighter shall receive credit for any service as a
member of the 1977 fund before the consolidation to
determine the firefighter's eligibility for benefits under
IC 36-8-8.
(2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund on January 1, 2011;
and
(B) who, after the consolidation, becomes an employee of
the fire department of a consolidated city under this
section;
remains a member of the 1937 fund. The firefighter shall
receive credit for any service as a member of the 1937 fund
before the consolidation to determine the firefighter's
eligibility for benefits under IC 36-8-7.
(3) For property taxes first due and payable in the first
calendar year in which property taxes are first due and
payable based on the consolidation, the maximum permissible
ad valorem property tax levy under IC 6-1.1-18.5 and
maximum property tax rates for fire protection services for:
(A) the consolidated city; and
(B) the entity whose fire department is consolidated into
the fire department of the consolidated city under this
section;
are determined under IC 6-1.1-18.5-22.
(4) The balance in the cumulative building and equipment
fund of a township whose fire department is consolidated into
the fire department of the consolidated city is transferred as
provided in subsection (d).
(5) The local boards for the 1937 firefighters' pension fund
and the 1977 police officers' and firefighters' pension and
disability fund of an entity whose fire department is
consolidated into the fire department of the consolidated city
are dissolved, and their services are terminated on January 1,
2011. The duties performed by the local boards under
IC 36-8-7 and IC 36-8-8, respectively, are assumed by the
consolidated city'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 consolidated city may adopt an ordinance to adjust the
membership of the consolidated city's local board to reflect a
consolidation under this section.
(6) The consolidated city may levy property taxes within the
area served by the consolidated fire department to provide for
the payment of the expenses for the operation of the
consolidated fire department. However, property taxes to
fund the pension obligation under IC 36-8-7 for members of
the 1937 firefighters' fund who were employees of the
consolidated city at the time of the consolidation may be
levied only by the fire special service district within the fire
special service district. The fire special service district
established under IC 36-3-1-6 may levy property taxes to
provide for the payment of expenses for the operation of the
consolidated fire department within or that directly benefit
the territory of the fire special service district. 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 fire department of
the consolidated city on the effective date of the consolidation
may be levied only by the fire special service district within
the fire special service district. Property taxes to fund the
pension obligation for members of the 1937 firefighters' fund
who were not members of the fire department of the
consolidated city on the effective date of the consolidation and
members of the 1977 police officers' and firefighters' pension
and disability fund who were not members of the fire
department of the consolidated city on the effective date of the
consolidation may be levied by the consolidated city within the
city's maximum permissible ad valorem property tax levy.
However, these taxes may be levied only within the fire special
service district and any townships that have consolidated fire
departments under this section.
(7) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before
March 1, 2011, and before March 1 in each of 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.
(l) In the case of a township that consolidates its fire department
under this section, any amounts transferred by the township from
the township's rainy day fund to the consolidated city shall be used
by the consolidated city as follows:
(1) The consolidated city shall first use the transferred money
to pay any outstanding indebtedness of the township from
which the money was transferred.
(2) If any part of the transferred money remains after the
payments under subdivision (1), the consolidated city shall use
the remaining part of the transferred money to pay the
outstanding indebtedness of other townships that consolidate
fire departments under this section.
(3) If any part of the transferred money remains after the
payments under subdivisions (1) and (2), the consolidated city
shall use the remaining part of the transferred money as
specified by ordinance of the legislative body of the
consolidated city.
(m) On July 1, 2009, a fire consolidation transition advisory
group is established in the county having a consolidated city. The
advisory group consists of the chief of the fire department of the
consolidated city (or the chief's designee), who shall chair the
advisory group, and one (1) member appointed by the trustee of
each township that has not consolidated its fire department into the
fire department of the consolidated city. The advisory group shall
do the following:
(1) Develop a strategic plan to determine resource
requirements and resource deployments for the consolidated
fire department. In developing the strategic plan, the advisory
group shall consider the Fire Department Consolidation
Staffing Committee Report (as revised April 26, 2005)
prepared by the Indianapolis Metropolitan Professional
Firefighters Association Local 416.
(2) Submit recommendations to the executive of the
consolidated city and the city-county council regarding the
consolidation of fire departments.
(3) Take steps as necessary to assist the consolidation of fire
departments.
The advisory group is abolished January 1, 2011.
(n) The executive of the consolidated city shall update the
strategic plan developed under subsection (m) at least once every
three (3) years.
(o) After December 31, 2010, the consolidated fire department
in a county containing a consolidated city shall be designated as the
metropolitan fire department.
SOURCE: IC 36-3-6-9; (09)IN1341.1.104. -->
SECTION 104. IC 36-3-6-9, AS AMENDED BY P.L.146-2008,
SECTION 705, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 9. (a) The city-county legislative
body shall review the proposed operating and maintenance budgets and
tax levies and adopt final operating and maintenance budgets and tax
levies for each of the following entities in the county:
(1) An airport authority operating under IC 8-22-3.
(2) A public library operating under IC 36-12.
(3) A capital improvement board of managers operating under
IC 36-10.
(4) A public transportation corporation operating under IC 36-9-4.
(5) A health and hospital corporation established under
IC 16-22-8.
(6) Any other taxing unit (as defined in IC 6-1.1-1-21) that is
located in the county and has a governing body that is not
comprised of a majority of officials who are elected to serve on
the governing body.
Except as provided in subsection (c), the city-county legislative body
may reduce or modify but not increase a proposed operating and
maintenance budget or tax levy under this section.
(b) The board of each entity listed in subsection (a) shall, after
adoption of its proposed budget and tax levies, submit them, along with
detailed accounts, to the city clerk before the first day of September of
each year.
(c) The city-county legislative body shall review the issuance of
bonds of an entity listed in subsection (a). Approval of the city-county
legislative body is required for the issuance of bonds. The city-county
legislative body may not reduce or modify a budget or tax levy of an
entity listed in subsection (a) in a manner that would:
(1) limit or restrict the rights vested in the entity to fulfill the
terms of any agreement made with the holders of the entity's
bonds; or
(2) in any way impair the rights or remedies of the holders of the
entity's bonds.
(d) If the assessed valuation of a taxing unit is entirely contained
within an excluded city or town (as described in IC 36-3-1-7) that is
located in a county having a consolidated city, the governing body of
the taxing unit shall submit its proposed operating and maintenance
budget and tax levies to the city or town fiscal body (rather than to
the city-county legislative body) for approval.
SOURCE: IC 36-3-7-6; (09)IN1341.1.105. -->
SECTION 105. IC 36-3-7-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 6. Notwithstanding any other law, the consolidated
city may, after December 31, 2010, issue obligations to refund
obligations issued before January 1, 2011, in the name of:
(1) a township;
(2) a fire protection territory; or
(3) a building, holding, or leasing corporation on behalf of a
township or a fire protection territory;
to satisfy the requirements of IC 36-3-1-6.4(f), IC 36-3-1-6.4(g), and
IC 36-3-1-6.4(h).
SOURCE: IC 36-3-8; (09)IN1341.1.106. -->
SECTION 106. IC 36-3-8 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]:
Chapter 8. Included Towns in Marion County Public Question
Sec. 1. As used in this chapter, "city-county council" means the
legislative body of a consolidated city.
Sec. 2. As used in this chapter, "included town" means a town
described in IC 36-3-1-7.
Sec. 3. An included town may not be abolished and the duties
and powers of the included town transferred to the consolidated
city unless the voters approve the abolition of the town and
transfer of the town's duties to the county in an election on a local
public question held under this chapter.
Sec. 4. The following question shall be submitted to the voters
at the election conducted under this chapter:
"Shall ________ (insert the name of the included town) be
abolished and the duties and responsibilities of ___________
(insert name of included town) be transferred to the city of
Indianapolis?".
Sec. 5. (a) The county auditor shall certify the public question
described in section 4 of this chapter under IC 3-10-9-3 to the
county election board of the county having a consolidated city.
After the public question is certified, the public question shall be
placed on the ballot at the general election in November 2010.
(b) Only the registered voters who are residents of the included
town may vote on the public question.
Sec. 6. The circuit court clerk shall certify the results of the
public question to the following:
(1) The secretary of state.
(2) The county auditor.
(3) The department of local government finance.
(4) The department of state revenue.
(5) The state board of accounts.
Sec. 7. (a) If a majority of the voters voting on the public
question in the included town vote in favor of the public question,
the included town is abolished and the included town's duties and
powers are transferred to the consolidated city on January 1, 2011.
(b) If an included town is located partly within the county
containing a consolidated city and partly outside the county
containing a consolidated city, the entire town is abolished.
Sec. 8. If a majority of the voters in the included town voting on
the public question vote in opposition to the public question, the
included town is not abolished.
Sec. 9. IC 3, to the extent not inconsistent with this chapter,
applies to an election held under this chapter.
Sec. 10. (a) This chapter contains full and complete authority for
the city-county council to take any action necessary to:
(1) abolish one (1) or more of the included towns; and
(2) transfer the duties and powers of an included town that is
abolished to the consolidated city.
(b) This chapter shall be liberally construed to carry out the
purposes of this article.
Sec. 11. The following apply if an included town is abolished:
(1) Except as otherwise provided, all the property, assets,
funds, equipment, records, rights, contracts, obligations, and
liabilities of the included town are transferred to or assumed
by the consolidated city on the date the included town is
abolished.
(2) The employees of the included town become employees of
the consolidated city on the date the entity is abolished. The
consolidated city shall assume all agreements with labor
organizations that:
(A) are in effect on the date the included town is abolished;
and
(B) apply to employees of the included town who become
employees of the consolidated city.
(3) The indebtedness incurred by the included town (or by a
building, holding, or leasing corporation on behalf of the
included town) before the date the included town is abolished
shall be assumed, defeased, paid, or refunded by the
consolidated city. Notwithstanding any other law, to assume,
defease, pay, or refund all or a part of the indebtedness
described in this subdivision, the consolidated city is not
required to comply with any other statutory procedures or
approvals that apply when a unit incurs indebtedness.
However, if an included town that is located partly within the
county containing a consolidated city and partly outside the
county containing a consolidated city is abolished, the
indebtedness shall be assumed, defeased, paid, or refunded by
the consolidated city and by the county not containing a
consolidated city on a proportionate basis according to the
percentages of the included town's assessed valuation (as of
the most recent assessment date before the town is abolished)
that is located in the county containing the consolidated city
and the county not containing the consolidated city. If
indebtedness is assumed, defeased, paid, or refunded under
this subdivision by a county not containing a consolidated city,
the provisions applicable to the consolidated city under this
section also apply to the county not containing a consolidated
city. The rights of the town and the bondholders with respect
to any of the entity's bonds or other indebtedness, bond
resolution, trust agreement or indenture, security agreement,
purchase agreement, or other undertaking with respect to
indebtedness remain the same although the powers, duties,
agreements, and liabilities of the included town have been
transferred to the consolidated city, and the consolidated city
is considered to have assumed all those powers, duties,
agreements, and liabilities. However, the consolidated city
may not assume all or a part of the indebtedness described in
this subdivision that will exceed the limitations on the amount
of indebtedness that the consolidated city may incur. To the
extent that the consolidated city may not assume all or a part
of the indebtedness described in this subdivision, the included
town is not abolished and continues to exist as a taxing unit
only for the purpose of levying property taxes necessary to
pay the indebtedness that is not assumed by the consolidated
city. After the indebtedness not assumed by the consolidated
city has been paid, the included town is abolished. The ad
valorem property tax levy limits imposed by IC 6-1.1-18.5 do
not apply to ad valorem property taxes imposed by a
consolidated city to pay or fund any indebtedness assumed,
defeased, paid, or refunded under this chapter.
(4) The department of local government finance shall adjust
the maximum permissible property tax levies, maximum
permissible property tax rates, and budget of the consolidated
city to take into account the transfer of duties and powers of
the abolished included town to the consolidated city.
(5) Any unexpended funds distributed to the included town
from the motor vehicle highway account under IC 8-14-1 are
transferred to the motor vehicle highway account.
(6) The terms of office of any elected officer of the included
town terminate on the date the included town is abolished.
(7) The following apply if an included town that is located
partly within the county containing a consolidated city and
partly outside the county containing a consolidated city is
abolished:
(A) Real property of the included town shall be transferred
to the county in which the real property is located.
(B) All other property, assets, funds, equipment, and
records of the included town shall be transferred as
provided in a resolution adopted by the legislative body of
the included town before the election held on the public
question under section 4 of this chapter.
(C) Indebtedness of the included town shall be assumed,
defeased, paid, or refunded as provided in subdivision (3).
SOURCE: IC 36-6-1.1; (09)IN1341.1.107. -->
SECTION 107. IC 36-6-1.1 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]:
Chapter.1.1. Transfer of Township Firefighting Responsibilities
Sec..1. This chapter applies only to a county having a
consolidated city.
Sec. 2. The functions, duties, and responsibilities of the township
trustee and township board with respect to providing fire
protection and related services are transferred to the county on
January 1, 2011.
Sec. 3. The executive of the consolidated city shall specify which
township employees that provided fire protection services and
emergency services before the transfer of functions, duties, and
responsibilities under this chapter become employees of the
consolidated city or county responsible for fire protection services
and emergency services.
Sec. 4. The balance on January 1, 2011, in a debt service fund of
a township that relates to debt incurred for firefighting purposes:
(1) is transferred to the county in which the township is
located; and
(2) shall be used by the county to pay indebtedness or lease
rentals for which the fund was established.
Any balance remaining in the fund after all payments for
indebtedness or lease rentals required under this section have been
made is transferred to the county general fund.
Sec. 5. (a) The balance on January 1, 2011, in a township's
firefighting fund:
(1) is transferred to the consolidated city; and
(2) shall be deposited in the general fund of the consolidated
city.
(b) The department of local government finance shall determine
the amounts to be transferred under this section.
(c) IC 36-1-8-5 does not apply to a balance referred to in this
section.
SOURCE: IC 36-6-1.2; (09)IN1341.1.108. -->
SECTION 108. IC 36-6-1.2 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]:
Chapter 1.2. Abolishing Township Government in Marion
County
Sec. 1. As used in this chapter, "city-county council" means the
legislative body of a consolidated city.
Sec. 2. (a) Effective January 1, 2011, all township governments
in the county are abolished, and the duties and powers of the
township governments are transferred to the county. Each
township retains its geographical boundaries and its name.
(b) Before January 1, 2011, the city-county council shall adopt
an ordinance, approved by the mayor, that specifies the
departments or agencies of the county that shall assume the duties
and powers of the townships, consistent with state statutes.
(c) The clerk of the city-county council shall submit a certified
copy of an ordinance adopted under this chapter to the secretary
of state, the department of local government finance, the
department of state revenue, and the state board of accounts.
Sec. 3. The following occur on January 1, 2011:
(1) The office of township trustee of each township is
abolished.
(2) The township board of each township is abolished.
(3) The functions, duties, and responsibilities of the township
trustee, other than the functions, duties, and responsibilities
of the township trustee and of the township board that are
transferred under IC 36-6-1.1 or another statute, are
transferred to the county.
Sec. 4. Except as provided in IC 36-6-1.1 or another statute, all:
(1) assets;
(2) property rights;
(3) equipment;
(4) records;
(5) personnel (except as otherwise provided by statute); and
(6) contracts;
connected with the operations of a township are transferred to the
county on January 1, 2011.
Sec. 5. Beginning January 1, 2011, notwithstanding any other
law to the contrary, a township's monthly distributive share of any
county option income taxes is reduced to zero (0), and those county
option income taxes shall instead be distributed as additional
distributive shares to the county.
Sec. 6. The balance on January 1, 2011, in a debt service fund of
a township:
(1) is transferred to the county in which the township is
located; and
(2) shall be used by the county to pay indebtedness or lease
rentals for which the fund was established.
Any balance remaining in the fund after all payments for
indebtedness or lease rentals required under this section have been
made is transferred to the county general fund.
Sec. 7. (a) On January 1, 2011, the balance in a township's
general fund attributable to the duties of the township trustee
under IC 36-6-4-3, other than the duties transferred under
IC 36-6-1.1, is transferred to the county.
(b) The department of local government finance shall determine
the amounts to be transferred under subsection (a).
(c) IC 36-1-8-5 does not apply to a balance referred to in
subsection (a).
Sec. 8. (a) The balance in a township's township assistance fund
attributable to the duties of the township trustee on January 1,
2011:
(1) is transferred to the county; and
(2) shall be deposited in the county township assistance fund
established under IC 12-20-1-6.
(b) The department of local government finance shall determine
the amounts to be transferred under this section.
(c) IC 36-1-8-5 does not apply to a balance referred to in this
section.
Sec. 9. The county containing a consolidated city shall assume,
defease, pay, or refund all indebtedness of the township other than
indebtedness related to fire protection services:
(1) using the same procedures; and
(2) subject to the same restrictions;
that apply to a consolidated city assuming, defeasing, paying, or
refunding under IC 36-3-1-6.1(e) all indebtedness of the township
related to fire protection services.
Sec. 10. (a) The maximum permissible ad valorem property tax
levies of the township, the consolidated city, and the county and the
maximum property tax rates for fire protection services are
adjusted under IC 6-1.1-18.5-22.
(b) In addition to any adjustments under IC 6-1.1-18.5-22, the
department of local government finance shall adjust the maximum
permissible property tax levies, maximum permissible property tax
rates, and budget of the consolidated city and other units as
necessary to take into account the transfer of duties and powers of
townships to the consolidated city or to the county containing the
consolidated city.
SOURCE: IC 36-6-4-3; (09)IN1341.1.109. -->
SECTION 109. IC 36-6-4-3, AS AMENDED BY P.L.2-2008,
SECTION 82, AND AS AMENDED BY P.L.146-2008, SECTION
709, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. The executive shall do the
following:
(1) Keep a written record of official proceedings.
(2) Manage all township property interests.
(3) Keep township records open for public inspection.
(4) 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) Administer township assistance under IC 12-20 and
IC 12-30-4.
(8) Perform the duties of fence viewer under IC 32-26.
(9) Act as township assessor when required by IC 36-6-5.
(10) (9) Provide and maintain cemeteries under IC 23-14.
(11) (10) Provide fire protection under IC 36-8, except in a
township that:
(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 or (after December 31, 2010) IC 36-3-1-6.4.
(12) (11) File an annual personnel report under IC 5-11-13.
(13) (12) Provide and maintain township parks and community
centers under IC 36-10.
(14) (13) Destroy detrimental plants, noxious weeds, and rank
vegetation under IC 15-3-4. IC 15-16-8.
(15) (14) Provide insulin to the poor under IC 12-20-16.
(16) (15) Perform other duties prescribed by statute.
SOURCE: IC 36-6-4-8; (09)IN1341.1.110. -->
SECTION 110. IC 36-6-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) The executive
may use the township's share of state, county, and township tax
revenues and federal revenue sharing funds for all categories of
community services, if these funds are appropriated for these services
by the township legislative body. The executive may use these funds
for both operating and capital expenditures.
(b) With the consent of the township legislative body, the executive
may contract with corporations for health and community services not
specifically provided by another governmental entity.
(c) The executive may contract with a private person to provide
regular or emergency ambulance service within the township. The
contract may provide for the imposition and collection of fees for this
service. However, this subsection does not apply after December 31,
2010, to the executive of a township that is located in a county
having a consolidated city.
(d) The township legislative body may adopt a resolution to provide
for the imposition and collection of fees for ambulance services
provided by the township police or fire department. However, this
subsection does not apply after December 31, 2010, to the executive
of a township that is located in a county having a consolidated city.
SOURCE: IC 36-7-4-504.5; (09)IN1341.1.111. -->
SECTION 111. IC 36-7-4-504.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 504.5. (a) In preparing
or revising a comprehensive plan for a township, the legislative body
of the consolidated city shall adopt an ordinance requiring the plan
commission to establish an advisory committee of citizens interested
in problems of planning and zoning for that township, a majority of
whom shall be nominated by the township legislative body.
(b) An advisory committee created under subsection (a) must
include a representative of the affected township legislative body as
determined by procedures established in an ordinance adopted by the
legislative body of the consolidated city.
(c) After December 31, 2010, the legislative body of the
consolidated city in preparing or revising a comprehensive plan for
a township shall adopt an ordinance requiring the plan commission
to establish an advisory committee of citizens interested in
problems of planning and zoning for each township.
SOURCE: IC 36-8-7-4; (09)IN1341.1.112. -->
SECTION 112. IC 36-8-7-4, AS AMENDED BY P.L.227-2005,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. (a) If a unit has less than five (5) members in
its fire department, the unit may provide for the organization of a local
board consisting of the fire chief, the executive of the unit, and one (1)
member of the fire department.
(b) The trustee from the fire department shall be elected under this
section.
(c) The local board may amend the bylaws of the fund to elect the
trustee from the fire department in an election held on any three (3)
consecutive days in February specified in the bylaws. The election shall
be called by the fire chief and held at the house or quarters of the fire
department. Subject to this section, the election shall be conducted in
the manner specified in the bylaws.
(d) This subsection applies only if the local board does not elect to
be governed by subsection (c). The trustee from the fire department
shall be elected at a meeting held on the second Monday in February
each year. The meeting shall be called by the fire chief and held at the
house or quarters of the fire department.
(e) The term of the elected trustee is one (1) year beginning
immediately after the trustee's election.
(f) Each member of the department is entitled to one (1) ballot, and
the person receiving the highest number of votes is elected. The
executive of the unit, the fire chief, and the city or county clerk shall
canvass and count the ballots, and the clerk shall issue a certificate of
election to the person having received the highest number of votes. If
two (2) persons have received the same number of votes, the executive
and the chief shall immediately determine by lot who will be the trustee
from the persons receiving an equal number of votes.
(g) This section does not apply to a township if the fire department
of the township is consolidated under IC 36-3-1-6.1 or (after
December 31, 2010) IC 36-3-1-6.4.
SOURCE: IC 36-8-7-5; (09)IN1341.1.113. -->
SECTION 113. IC 36-8-7-5, AS AMENDED BY P.L.227-2005,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 5. (a) An election shall be held each year under
this section to elect one (1) trustee from the active members of the fire
department for a term of four (4) years, commencing on the day of his
election. The fire chief shall fix a time for holding a convention to
nominate candidates for trustees to be elected at each election. Each
convention must be held at least five (5) days before the day on which
the annual election is held. A convention consists of one (1) delegate
from each fire company and one (1) delegate to be selected by the chief
and the chief's assistants. The delegate from each fire company shall be
elected by ballot by the members of the company at a time to be fixed
by the chief in the call for a convention. The election of delegates shall
be certified by the captain or other officer of the company, or, if there
is not an officer present, then by the oldest member of the company
present. The convention, when assembled, shall nominate six (6)
members of the fire department to be voted upon as trustees, and the
delegates shall report the names of the persons nominated as candidates
to their respective companies in writing.
(b) The local board may amend the bylaws of the fund to elect the
trustee from the active members of the fire department in an election
held on any three (3) consecutive days in February specified in the
bylaws. The election shall be called by the fire chief and held at the
house or quarters of the respective companies of the fire department.
Subject to this section, the election shall be conducted in the manner
specified in the bylaws.
(c) This subsection applies only if the local board does not elect to
be governed by subsection (b). The election shall be held at the houses
or quarters of the respective companies on the second Monday in
February between 9 a.m. and 6 p.m.
(d) Each member of a fire company is entitled to one (1) ballot, and
the ballot may not contain the names of more than one (1) person,
chosen from the six (6) persons nominated by the convention. The
candidate receiving the highest number of votes is elected.
(e) The captain or other officer in command of each of the fire
companies, immediately after the casting of all ballots, shall canvass
and count the ballots. The captain or other officer shall certify in
writing the total number of ballots cast and the number of votes
received by each candidate for the office of trustee. After signing the
certificate, the officer shall enclose it, together with all the ballots cast
by the fire company, in an envelope, securely sealed and addressed,
and deliver them to the fire chief. The fire chief shall deliver them to
the executive of the unit as soon as the chief receives all the certificates
and ballots. Upon receipt the executive shall, in the presence of the
chief and the clerk of the unit, open the envelopes, examine the
certificates, and determine the total number of votes cast for each of the
candidates. The executive shall then issue a certificate of election to the
candidate having received the highest number of votes. If two (2) or
more candidates have received the same number of votes, the executive
and the chief shall immediately determine by lot who will be trustee
from the persons receiving an equal number of votes. An election may
not be set aside for lack of formality in balloting by the members or in
certifying or transmitting the returns of an election by the officers in
charge.
(f) This section does not apply to a township if the fire department
of the township is consolidated under IC 36-3-1-6.1 or (after
December 31, 2010) IC 36-3-1-6.4.
SOURCE: IC 36-8-7-6; (09)IN1341.1.114. -->
SECTION 114. IC 36-8-7-6, AS AMENDED BY P.L.227-2005,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 6. (a) An election shall be held under this section
every two (2) years to elect one (1) trustee from the retired members of
the fire department for a term of two (2) years, commencing on the day
of the trustee's election, if the retired list contains at least three (3)
retired members at the time of election. The fire chief shall fix a time
for holding a convention to nominate candidates for trustee to be
elected at each election. Each convention must be held at least fifteen
(15) days before the day on which the biennial election is held. All
retired members of the fire department may participate in the
convention. The convention, when assembled, shall nominate not more
than four (4) members of the retired list to be voted upon as trustee.
The secretary of the board shall mail the names of the persons
nominated along with an official ballot to the retired members within
forty-eight (48) hours of the end of the convention.
(b) The election shall be conducted by mail. Each retired member
is entitled to cast one (1) ballot by mail, and the ballot may not contain
more than one (1) name, chosen from the list of retired persons
nominated by the convention. The candidate receiving the highest
number of votes by 6 p.m. on the second Monday in February or an
alternative date in February specified in the bylaws of the fund is
elected.
(c) The ballots must remain closed and inviolate until the close of
the election, at which time, in the presence of the executive of the unit,
the fire chief, and the clerk of the unit, the ballots shall be opened and
counted. A certificate of election shall be issued to the candidate
receiving the highest number of votes. If two (2) or more candidates
receive the same number of votes, the executive and the chief shall
immediately determine by lot who will be trustee from the persons
receiving an equal number of votes.
(d) This section does not apply to a township if the fire department
of the township is consolidated under IC 36-3-1-6.1 or (after
December 31, 2010) IC 36-3-1-6.4.
SOURCE: IC 36-8-7-6.5; (09)IN1341.1.115. -->
SECTION 115. IC 36-8-7-6.5, AS AMENDED BY P.L.227-2005,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 6.5. (a) All ballots voted under this chapter shall
be secured until the balloting is closed.
(b) Tampering with a ballot for an election under this chapter is a
Class A infraction.
(c) This section does not apply to a township if the fire department
of the township is consolidated under IC 36-3-1-6.1 or (after
December 31, 2010) IC 36-3-1-6.4.
SOURCE: IC 36-8-7-7; (09)IN1341.1.116. -->
SECTION 116. IC 36-8-7-7, AS AMENDED BY P.L.227-2005,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 7. (a) The fire chief is the president of the local
board.
(b) At the first meeting after each election, the local board shall
elect a secretary, who may be chosen from among the trustees.
However, the local board may consider it proper to have a secretary
who is a member of the fire department, to be elected by the companies
for a term of four (4) years in the same manner as the election for
trustees. The secretary shall keep a full record of all the proceedings of
the local board in a book provided for that purpose.
(c) The local board shall make all rules necessary for the discharge
of its duties and shall hear and determine all applications for relief or
pensions under this chapter.
(d) This section does not apply to a township if the fire department
of the township is consolidated under IC 36-3-1-6.1 or (after
December 31, 2010) IC 36-3-1-6.4.
SOURCE: IC 36-8-8-1; (09)IN1341.1.117. -->
SECTION 117. IC 36-8-8-1, AS AMENDED BY P.L.227-2005,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. This chapter applies to:
(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
or (after December 31, 2010) IC 36-3-1-6.4, 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;
except as provided by section 7 of this chapter.
SOURCE: IC 36-8-8-2; (09)IN1341.1.118. -->
SECTION 118. IC 36-8-8-2, AS AMENDED BY P.L.227-2005,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. As used in this chapter, "employer" means:
(1) a municipality that established a 1925 or 1953 fund or that
participates in the 1977 fund under section 3 or 18 of this chapter;
(2) a unit that established a 1937 fund or that participates in the
1977 fund under section 3 or 18 of this chapter;
(3) a consolidated city that consolidated the fire departments of
units that:
(A) established a 1937 fund; or
(B) participated in the 1977 fund;
before the units' consolidation into the fire department of a
consolidated city established by under IC 36-3-1-6.1 or (after
December 31, 2010) IC 36-3-1-6.4; or
(4) a consolidated city that establishes a consolidated law
enforcement department under IC 36-3-1-5.1.
SOURCE: IC 36-8-8-2.1; (09)IN1341.1.119. -->
SECTION 119. IC 36-8-8-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2.1. (a) As used in this
chapter, "local board" means the following:
(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) For a unit that established a 1937 fund for its firefighters
and consolidates its fire department into the fire department
of a consolidated city under IC 36-3-1-6.1 or (after December
31, 2010) IC 36-3-1-6.4:
(A) before the effective date of the consolidation, the local
board described in IC 36-8-7-3; and
(B) on and after the effective date of the consolidation, the
local board of the consolidated city established under
IC 36-8-7-3.
(3) (4) For a consolidated city that established a 1953 fund for its
police officers, the local board described in IC 36-8-7.5-2.
(4) (5) For a unit, other than a consolidated city, that did not
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) Except as provided in subsection (d), 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.
(d) If a unit located in a county containing a consolidated city
did not establish a 1937 fund for its firefighters and consolidates its
fire department into the fire department of the consolidated city
under IC 36-3-1-6.1 or (after December 31, 2010) IC 36-3-1-6.4, the
local board is:
(1) before the effective date of the consolidation, the local
board described in IC 36-8-7-3; and
(2) on and after the effective date of the consolidation, the
local board of the consolidated city established under
IC 36-8-7-3.
SOURCE: IC 36-8-8-7; (09)IN1341.1.120. -->
SECTION 120. IC 36-8-8-7, AS AMENDED BY P.L.1-2006,
SECTION 575, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 7. (a) Except as provided in
subsections (d), (e), (f), (g), (h), (k), (l), and (m):
(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, or (after December 31,
2010) IC 36-3-1-6.4;
(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, or (after December
31, 2010) IC 36-3-1-6.4; 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, or (after
December 31, 2010) IC 36-3-1-6.4;
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
consolidated law enforcement department or fire department of
a consolidated city under IC 36-3-1-5.1 or IC 36-3-1-6.1; 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) A police officer or firefighter who is a member of the 1977 fund
under subsection (k) or (l):
(1) may not be:
(1) (A) retired for purposes of section 10 of this chapter; or
(2) (B) disabled for purposes of section 12 of this chapter;
solely because of a change in employer under the consolidation;
and
(2) shall receive credit for all years of service as a member of
the 1977 fund before the consolidation described in subsection
(k) or (l).
SOURCE: IC 36-8-13-1; (09)IN1341.1.121. -->
SECTION 121. IC 36-8-13-1, AS AMENDED BY P.L.227-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. This chapter applies to all townships. However,
this chapter does not apply to a township in which the fire department
of the township has been consolidated under IC 36-3-1-6.1 or (after
December 31, 2010) IC 36-3-1-6.4.
SOURCE: IC 36-8-13.5-1; (09)IN1341.1.122. -->
SECTION 122. IC 36-8-13.5-1, AS ADDED BY P.L.65-2008,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. This chapter applies to all townships except a
township in which the fire department of the township has been
consolidated under IC 36-3-1-6.1 or (after December 31, 2010)
IC 36-3-1-6.4.
SOURCE: IC 36-8-14-1; (09)IN1341.1.123. -->
SECTION 123. IC 36-8-14-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Subject to
subsection (b), this chapter applies to all units except counties.
(b) After December 31, 2010, this chapter also applies to a
county containing a consolidated city. A county containing a
consolidated city may:
(1) establish a cumulative building and equipment fund under
this chapter; and
(2) impose a property tax levy under this chapter beginning
with property taxes first due and payable after December 31,
2010.
SOURCE: IC 36-8-19-1.5; (09)IN1341.1.124. -->
SECTION 124. IC 36-8-19-1.5, AS AMENDED BY P.L.1-2006,
SECTION 583, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1.5. (a) If the fire department of a
township is consolidated under IC 36-3-1-6.1, after the effective date
of the consolidation the township may not establish a fire protection
territory under this chapter.
(b) A fire protection territory that is established before the effective
date of the consolidation in a township in which the township's fire
department is consolidated under IC 36-3-1-6.1
or (after December
31, 2010) IC 36-3-1-6.4 becomes part of the geographic area in which
the fire department of a consolidated city provides fire protection
services.
SOURCE: IC 36-10-7-1; (09)IN1341.1.125. -->
SECTION 125. IC 36-10-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Subject to
subsection (b), this chapter applies to the townships indicated in each
section.
(b) After December 31, 2010, powers and duties related to parks
and recreation that are imposed by this chapter on a township in
a county having a consolidated city are transferred to the county.
SOURCE: IC 36-10-7.5-1; (09)IN1341.1.126. -->
SECTION 126. IC 36-10-7.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Before January
1, 2011, this chapter applies to all townships.
(b) After December 31, 2010, in a county having a consolidated
city, powers and duties related to parks and recreation that are
imposed by this chapter on a township in a county having a
consolidated city are transferred to the county.
SOURCE: IC 3-8-1-30; IC 3-8-1-31.
; (09)IN1341.1.127. -->
SECTION 127. THE FOLLOWING ARE REPEALED
[EFFECTIVE JULY 1, 2009]: IC 3-8-1-30; IC 3-8-1-31.
SOURCE: IC 3-13-10-5; IC 33-34-1-6; IC 33-34-1-7; IC 33-34-1-8;
IC 33-34-1-9; IC 33-34-6-4.
; (09)IN1341.1.128. -->
SECTION 128. THE FOLLOWING ARE REPEALED
[EFFECTIVE JANUARY 1, 2011]: IC 3-13-10-5; IC 33-34-1-6;
IC 33-34-1-7; IC 33-34-1-8; IC 33-34-1-9; IC 33-34-6-4.
SOURCE: ; (09)IN1341.1.129. -->
SECTION 129. [EFFECTIVE JULY 1, 2009]
The general
assembly finds the following:
(1) A consolidated city faces unique budget challenges due to
a high demand for services combined with the large number
of tax exempt properties located in a consolidated city as the
seat of state government, home to several institutions of
higher education, and home to numerous national, state, and
regional nonprofit corporations.
(2) By virtue of its size and population density, a consolidated
city has unique overlapping territories of county, city, and
township government and an absence of unincorporated areas
within its county.
(3) By virtue of its size, population, and absence of
unincorporated areas, development extends to and across the
boundaries of the contiguous governmental territories located
within a county having a consolidated city, thus giving less
meaning to boundaries of the governmental territories located
within the county.
(4) By virtue of its size, population, absence of unincorporated
areas, overlapping territories, and development to and across
the boundaries of contiguous governmental territories, there
is less need for differentiation of local governmental services
within the separate governmental territories located within a
county having a consolidated city, but rather, the local
governmental service needs are similar and more uniform
within and across a county having a consolidated city.
(5) The provision of local governmental services by multiple
governmental entities with overlapping territories, and by
governmental entities with contiguous territories with less
meaningful boundaries, results in disparate levels of local
governmental services within a county having a consolidated
city and results in the inefficient and poor use of taxpayer
dollars.
(6) As the state capital and a center for professional sporting
events, tourism, and culture in central Indiana, the
consolidated city faces unique demands for protecting
governmental property and securing the safety of large
numbers of residents and visitors, which require innovative
approaches to public safety resources.
(7) If public safety resources are consolidated, residual
services provided by townships are limited and can more
effectively and uniformly be performed through consolidation
at the city or county level.
(8) Substantial operational efficiencies, reduction of
administrative costs, and economies of scale may be obtained
in a consolidated city through consolidation of certain county,
city, and township services and operations.
(9) Consolidation of certain county, city, and township
services and operations in the consolidated city will serve the
public purpose by allowing the consolidated city to:
(A) eliminate duplicative services;
(B) provide better coordinated and more uniform delivery
of local governmental services;
(C) provide more unified tax rates; and
(D) allow local governmental services to be provided more
efficiently and at a lower cost than without consolidation.
(10) Efficient and fiscally responsible operation of local
government benefits the health and welfare of the citizens of
a consolidated city and is of public utility and benefit.
(11) The public purpose of this act is to provide a consolidated
city with the means to perform essential governmental
services for its citizens in an effective, efficient, and fiscally
responsible manner.
SOURCE: ; (09)IN1341.1.130. -->
SECTION 130. [EFFECTIVE JULY 1, 2009]
(a) Notwithstanding
IC 33-34-2-1, before its amendment by this act, and IC 33-34-6-4,
before its repeal by this act, an election for a Marion County
township small claims court:
(1) judge; or
(2) constable;
shall not occur under IC 33-34 during 2010.
(b) Notwithstanding the amendment and repeal of provisions of
IC 33-34 by this act, the term of a Marion County township small
claims court:
(1) judge; or
(2) constable;
serving under IC 33-34 on June 30, 2009, does not terminate until
the date the term would have terminated under the law in effect on
June 30, 2009. A vacancy that occurs in the office of judge or
constable of a Marion County township small claims court before
January 1, 2011, shall be filled under the applicable laws in effect
on June 30, 2009.
(c) Any case pending in one (1) of the nine (9) Marion County
township small claims courts after the close of business on
December 31, 2010, shall be transferred by the Marion circuit
judge on January 1, 2011, to one (1) of the five (5) Marion County
small claims courts established by IC 33-34-1-2, as amended by this
act.
(d) Notwithstanding IC 33-34-2-3, as amended by this act,
before November 1, 2010, the mayor of Indianapolis shall appoint
the initial five (5) judges of the Marion County small claims courts
established by IC 33-34-1-2, as amended by this act, as follows:
(1) Two (2) judges shall be appointed for terms beginning
January 1, 2011, and ending December 31, 2012.
(2) Two (2) judges shall be appointed for terms beginning
January 1, 2011, and ending December 31, 2014.
(3) One (1) judge shall be appointed for a term beginning
January 1, 2011, and ending December 31, 2016.
Not more than three (3) of the judges appointed under this
subsection may be members of the same political party.
(e) This SECTION expires January 2, 2011.
SOURCE: ; (09)IN1341.1.131. -->
SECTION 131. [EFFECTIVE JULY 1, 2009]
(a) The legislative
services agency shall, as directed by the legislative council, prepare
legislation for introduction in the 2010 regular session of the
general assembly to organize and correct statutes affected by this
act, if necessary.
(b) This SECTION expires July 1, 2010.