Introduced Version






HOUSE BILL No. 1008

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 5-3-1-4 ; IC 5-11-14-1 ; IC 32-1-2-18 ; IC 33-19-7-3 ; IC 36-5-6-8 ; IC 36-9-23-33.

Synopsis: Local government matters. Requires a change in city, town, or school corporation notice postings. Provides that a local official who attends a state called conference is entitled to receive reimbursement for meals. Adds to the list of officials before whom the recording of a real property conveyance may be proved. Removes municipal courts from the distribution of the qualified municipality share of court fees. Requires that funds appropriated for clerk-treasurer legal expenses be allocated to the clerk-treasurer. Makes changes regarding filings to collect delinquent municipal sewer fees.


Effective: January 1, 2000 (retroactive); July 1, 2000.





Ayres, Stevenson, Leuck, Goeglein




    January 10, 2000, read first time and referred to Committee on Local Government.







Introduced

Second Regular Session 111th General Assembly (2000)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1008



    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 5-3-1-4; (00)IN1008.1.1. -->     SECTION 1. IC 5-3-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) Whenever officers of a political subdivision are required to publish a notice affecting the political subdivision, they shall publish the notice in two (2) newspapers published in the political subdivision.
    (b) This subsection applies to notices published by county officers. If there is only one (1) newspaper published in the county, then publication in that newspaper alone is sufficient.
    (c) This subsection applies to notices published by city, town, or school corporation officers. If there is only one (1) newspaper published in the municipality or school corporation, then publication in that newspaper alone is sufficient. If no newspaper is published in the municipality or school corporation, then publication shall be made in a newspaper published in the county in which the municipality or school corporation is located and that circulates within the municipality or school corporation. The notice shall be posted:
        (1) at or near the city or town hall or school administration

building; and or
        (2) at the post office in the municipality or school corporation (or at the bank if there is no post office).
    (d) This subsection applies to notices published by officers of political subdivisions not covered by subsection (a) or (b), including township officers. If there is only one (1) newspaper published in the political subdivision, then the notice shall be published in that newspaper and if another newspaper is published in the county and circulates within the political subdivision in the other newspaper. If no newspaper is published in the political subdivision, then publication shall be made in a newspaper published in the county and that circulates within the political subdivision.
    (e) This subsection applies to a political subdivision, including a city, town, or school corporation. Notwithstanding any other law, if a political subdivision has territory in more than one (1) county, public notices that are required by law or ordered to be published must be given as follows:
        (1) By publication in two (2) newspapers published within the boundaries of the political subdivision.
        (2) If only one (1) newspaper is published within the boundaries of the political subdivision, by publication in that newspaper and in some other newspaper:
            (A) published in any county in which the political subdivision extends; and
            (B) that has a general circulation in the political subdivision.
        (3) If no newspaper is published within the boundaries of the political subdivision, by publication in two (2) newspapers that:
            (A) are published in any counties into which the political subdivision extends; and
            (B) have a general circulation in the political subdivision.
        (4) If only one (1) newspaper is published in any of the counties into which the political subdivision extends, by publication in that newspaper if it circulates within the political subdivision.
    (f) A political subdivision may, in its discretion, publish public notices in a qualified publication or additional newspapers to provide supplementary notification to the public. The cost of publishing supplementary notification is a proper expenditure of the political subdivision.

SOURCE: IC 5-11-14-1; (00)IN1008.1.2. -->     SECTION 2. IC 5-11-14-1 , AS AMENDED BY P.L.35-1999, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2000 (RETROACTIVE)]: Sec. 1. (a) As used in this section, "official" includes the following:
        (1) An elected official who is entitled to attend a conference under this section.
        (2) An individual elected to an office who is entitled to attend a conference under this section.
        (3) A deputy or an assistant to an elected official who is entitled to attend a conference under this section.
    (b) The state board of accounts shall annually call a conference of each of the following:
        (1) County auditors and auditors elect.
        (2) County treasurers and treasurers elect.
        (3) Circuit court clerks and circuit court clerks elect.
    (c) Each of the conferences called under subsection (b):
        (1) must be held at a time and place fixed by the state examiner;
        (2) may be held statewide or by district; and
        (3) may not continue for longer than three (3) days in any one (1) year.
    (d) The following training must be provided at each conference called under subsection (b):
        (1) The proper use of forms prescribed by the state board of accounts.
        (2) The keeping of the records of the respective offices.
        (3) At the conference for county treasurers and treasurers elect, investment training by the following:
            (A) The treasurer of state.
            (B) The board for depositories.
            (C) Any other person the state examiner considers to be competent in providing investment training.
        (4) Any other training that, in the judgment of the state examiner, will result in the better conduct of the public business.
    (e) The state examiner may hold other conferences for:
        (1) the officials described in subsection (b); or
        (2) other county, city, or township officers;
whenever in the judgment of the state examiner conferences are necessary.
    (f) Whenever a conference is called by the state board of accounts under this section, an elected official, at the direction of the state examiner, may require the attendance of:
        (1) each of the elected official's appointed and acting chief deputies or chief assistants; and
        (2) if the number of deputies or assistants employed:
            (A) does not exceed three (3), one (1) of the elected official's appointed and acting deputies or assistants; or
            (B) exceeds three (3), two (2) of the elected official's duly appointed and acting deputies or assistants.
    (g) Each official attending any conference under this section shall be allowed, for each mile necessarily traveled in going to and returning from the conference by the most expeditious route, a sum for mileage at a rate determined by the fiscal body of the unit the official represents. Each official shall also be allowed, while attending a conference called under this section, an allowance for lodging for each night preceding conference attendance in an amount equal to the single room rate. However, lodging expense, in the case of a one (1) day conference, shall only be allowed for persons who reside fifty (50) miles or farther from the conference location. Each official shall be reimbursed, in an amount determined by the fiscal body of the unit the official represents, for meals purchased while attending a conference called under this section. Regardless of the duration of the conference, only one (1) mileage reimbursement shall be allowed to the official furnishing the conveyance although the official transports more than one (1) person.
    (h) The state board of accounts shall certify the number of days of attendance and the mileage for each conference to each official attending any conference under this section.
    (i) All payments of mileage and lodging shall be made by the proper disbursing officer in the manner provided by law on a duly verified claim or voucher to which shall be attached the certificate of the state board of accounts showing the number of days attended and the number of miles traveled. All payments shall be made from the general fund from any money not otherwise appropriated and without any previous appropriation being made therefor.
SOURCE: IC 32-1-2-18; (00)IN1008.1.3. -->     SECTION 3. IC 32-1-2-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 18. To entitle any conveyance, mortgage or instrument of writing to be recorded, it shall be acknowledged by the grantor, or proved before any judge, or clerk of a court of record, justice of the peace, auditor, recorder, notary public, or mayor of a city in this or any other state, or before any commissioner appointed in any other state by the governor of this state, or before any minister, charge d'affaires, or consul of the United States in any foreign country, or a person authorized under IC 33-16-4-1.
SOURCE: IC 33-19-7-3; (00)IN1008.1.4. -->     SECTION 4. IC 33-19-7-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) The qualified municipality share to be distributed to each city and town maintaining a law enforcement agency that prosecutes at least fifty percent (50%) of its ordinance violations in a circuit, superior, or county or municipal

court located in the county is three percent (3%) of the amount of fees collected under the following:
        (1) IC 33-19-5-1 (a) (criminal costs fees).
        (2) IC 33-19-5-2 (a) (infraction or ordinance violation costs fees).
        (3) IC 33-19-5-3 (a) (juvenile costs fees).
        (4) IC 33-19-5-4 (a) (civil costs fees).
        (5) IC 33-19-5-5 (a) (small claims costs fees).
        (6) IC 33-19-5-6 (a) (probate costs fees).
        (7) IC 33-19-6-16.2 (deferred prosecution fees).
    (b) The county auditor shall determine the amount to be distributed to each city and town qualified under subsection (a) as follows:
        STEP ONE: Determine the population of the qualified city or town.
        STEP TWO: Add the populations of all qualified cities and towns determined under STEP ONE.
        STEP THREE: Divide the population of each qualified city and town by the sum determined under STEP TWO.
        STEP FOUR: Multiply the result determined under STEP THREE for each qualified city and town by the amount of the qualified municipality share.
    (c) The county auditor shall semiannually distribute to each city and town described in subsection (a) the amount computed for that city or town under STEP FOUR of subsection (b).

SOURCE: IC 36-5-6-8; (00)IN1008.1.5. -->     SECTION 5. IC 36-5-6-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. (a) A clerk-treasurer may hire or contract with competent attorneys or legal research assistants on terms the clerk-treasurer considers appropriate.
    (b) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual budget.
    (c) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual budget and must be allocated to the clerk-treasurer for the payment of attorneys' and legal research assistants' salaries.
SOURCE: IC 36-9-23-33; (00)IN1008.1.6. -->     SECTION 6. IC 36-9-23-33 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 33. (a) An officer described in subsection (b) may defer enforcing the collection of unpaid fees and penalties assessed under this chapter until the unpaid fees and penalties have been due and unpaid for at least ninety (90) days.
    (b) Except as provided in subsection (l), the officer charged with the

collection of fees and penalties assessed under this chapter shall enforce their payment. As often as the officer determines is necessary in a calendar year, the officer shall not more than four (4) times in any calendar year prepare a list of the delinquent fees and penalties that are enforceable under this section, which must include:
        (1) the name or names of the owner or owners of each lot or parcel of real property on which fees are delinquent;
        (2) the description of the premises, as shown by the records of the county auditor; and
        (3) the amount of the delinquent fees, together with the penalty.
    (c) The officer shall record a copy of each list with the county recorder who shall charge a fee for recording it in accordance with the fee schedule established in IC 36-2-7-10. The officer shall then mail to each property owner on the list a notice stating that a lien against the owner's property has been recorded. Except for a county having a consolidated city, a service charge of five dollars ($5), which is in addition to the recording fee charged under this subsection and under subsection (f), shall be added to each delinquent fee that is recorded.
    (d) This subsection applies only to a county containing a consolidated city. Using the lists prepared under subsection (b) and recorded under subsection (c), the officer shall certify to the county auditor a list of the liens that remain unpaid according to a schedule agreed upon by the county treasurer and the officer for collection with the next cycle's property tax installment. The county and its officers and employees are not liable for any material error in the information on the list.
    (e) Using the lists prepared under subsection (b) and recorded under subsection (c), after September 1 of the preceding calendar year and before September 1 of the current calendar year, the officer shall before December 15 of each year certify to the county auditor a list of the liens that remain unpaid for collection in the next May. The county and its officers and employees are not liable for any material error in the information on this list.
    (f) The officer shall release any recorded lien when the delinquent fees, penalties, service charges, and recording fees have been fully paid. The county recorder shall charge a fee for releasing the lien in accordance with IC 36-2-7-10.
    (g) On receipt of the list under subsection (d) or (e), the county auditor of each county (excluding a county having a consolidated city) shall add a fifteen dollar ($15) certification fee for each lot or parcel of real property on which fees are delinquent, which fee is in addition to all other fees and charges. The county auditor shall immediately enter

on the tax duplicate for the municipality the delinquent fees, penalties, service charges, recording fees, and certification fees, which are due no later than the due date of the next May installment of property taxes. However, in a county having a consolidated city, the delinquent fees, penalties, service charges, and recording fees are due not later than the due date of the next installment of property taxes. The county treasurer shall then include any unpaid charges for the delinquent fee, penalty, service charge, recording fee, and certification fee to the owner or owners of each lot or parcel of property, at the time the next cycle's property tax installment is billed.
    (h) After the date of certification in each year, the officer may not collect or accept delinquent fees, penalties, service charges, recording fees, or certification fees from property owners whose property has been certified to the county auditor. This subsection does not apply to a county containing a consolidated city.
    (i) If a delinquent fee, penalty, service charge, recording fee, and certification fee are not paid, they shall be collected by the county treasurer in the same way that delinquent property taxes are collected.
    (j) At the time of each semiannual tax settlement, the county treasurer shall certify to the county auditor all fees, charges, and penalties that have been collected. The county auditor shall deduct the service charges and certification fees collected by the county treasurer and pay over to the officer the remaining fees and penalties due the municipality. The county treasurer shall retain the service charges and certification fees that have been collected, and shall deposit them in the county general fund.
    (k) Fees, penalties, and service charges that were not recorded before a recorded conveyance shall be removed from the tax roll for a purchaser who, in the manner prescribed by section 32(d) of this chapter, files a verified demand with the county auditor.
    (l) A board may write off a fee or penalty under subsection (a) that is for less than forty dollars ($40).

SOURCE: ; (00)IN1008.1.7. -->     SECTION 7. An emergency is declared for this act.