Introduced Version






SENATE BILL No. 260

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 36-6.

Synopsis: Township officials. Provides that a person may be appointed to perform the township trustee's duties when the trustee is incapable of performing the executive's function because the trustee is absent. Provides that the salary of an elected or appointed township official may not be reduced below the salary of the first year of the term immediately preceding the current term.

Effective: July 1, 2002.





Gard




    January 7, 2002, read first time and referred to Committee on Governmental and Regulatory Affairs.







Introduced

Second Regular Session 112th General Assembly (2002)


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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SENATE BILL No. 260



    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:

    SECTION 1. IC 36-6-4-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 18. (a) Within thirty (30) days after taking office, the executive shall designate a person who shall perform the executive's duties whenever the executive is incapable of performing the executive's functions because the executive:
         (1) is absent from the township; or is incapable of performing the executive's functions if the executive
         (2) becomes incapacitated.
The executive shall give notice of the designation to the chairman of the township legislative body, the county sheriff, and any other persons that the executive chooses. The designee shall have all the powers of the executive. The executive is responsible for all acts of the designee. The executive may change the designee under this section at any time.
    (b) The designee shall perform the executive's duties until:
        (1) the executive is no longer absent from the township; or
        (2) an acting executive is appointed by the county executive under

section 16 of this chapter.
    SECTION 2. IC 36-6-6-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. (a) This section does not apply to the appropriation of money to pay a deputy, an employee, or a technical adviser that assists a township assessor with assessment duties or to an elected township assessor.
    (b) The township legislative body shall fix the:
        (1) salaries;
        (2) wages;
        (3) rates of hourly pay; and
        (4) remuneration other than statutory allowances;
of all officers and employees of the township.
    (c) The township legislative body may not reduce a salary below the amount fixed for that salary for the year 1980. Subject to subsection (d), the township legislative body may reduce the salary of an elected or appointed official. However, the official is entitled to a salary that is not less than the salary fixed for the first year of the term of office that immediately preceded the current term of office.
    (d) Except as provided in subsection (e), the township legislative body may not alter the salaries of elected or appointed officers during the fiscal year for which they are fixed, but it may add or eliminate any other position and change the salary of any other employee, if the necessary funds and appropriations are available.
    (e) In a township that does not elect a township assessor under IC 36-6-5-1 , the township legislative body may appropriate available township funds to supplement the salaries of elected or appointed officers to compensate them for performing assessing duties. However, in any calendar year no officer or employee may receive a salary and additional salary supplements which exceed the salary fixed for that officer or employee under subsection (b).
    (f) If a change in the mileage allowance paid to state officers and employees is established by July 1 of any year, that change shall be included in the compensation fixed for the township executive and assessor under this section, to take effect January 1 of the next year. However, the township legislative body may by ordinance provide for the change in the sum per mile to take effect before January 1 of the next year.
    (g) The township legislative body may not reduce the salary of the township executive without the consent of the township executive during the term of office of the township executive as set forth in IC 36-6-4-2.
    (h) This subsection applies when a township executive dies or

resigns from office. The person filling the vacancy of the township executive shall receive at least the same salary the previous township executive received for the remainder of the unexpired term of office of the township executive (as set forth in IC 36-6-4-2 ), unless the person consents to a reduction in salary.