Introduced Version
HOUSE BILL No. 1514
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 36-2-13-2.5
;
IC 36-8-10-7.
Synopsis: Accountability plans for prisoner meal allowances. Requires
a sheriff to account for expenditures for feeding prisoners in counties
where an accounting is not otherwise required by law. Requires a
reimbursement plan to meet the requirements of an accountability plan
under the Internal Revenue Code. (The introduced version of this bill
was prepared by the county government study commission.)
Effective: Upon passage; July 1, 2003.
Welch, Adams T, Saunders
January 16, 2003, read first time and referred to Committee on Local Government.
Introduced
First Regular Session 113th General Assembly (2003)
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HOUSE BILL No. 1514
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 36-2-13-2.5; (03)IN1514.1.1. -->
SECTION 1.
IC 36-2-13-2.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2.5. (a) The sheriff, the
executive, and the fiscal body may enter into a salary contract for the
sheriff.
(b) A sheriff's salary contract must contain the following provisions:
(1) A fixed amount of compensation for the sheriff in place of fee
compensation.
(2) Payment of the full amount of the sheriff's compensation from
the county general fund in the manner that salaries of other county
officials are paid.
(3) Deposit by the sheriff of the sheriff's tax warrant collection
fees (as described in
IC 6-8.1-8-3
) in the county general fund for
use for any general fund purpose.
(4) A procedure for financing prisoners' meals that uses one (1)
of the following methods:
(A) The county fiscal body shall make an appropriation in the
usual manner from the county general fund to the sheriff for
feeding prisoners. The sheriff or the sheriff's officers, deputies,
or employees may not make a profit from the appropriation.
The sheriff shall deposit all meal allowances received under
IC 36-8-10-7
in the county general fund for use for any general
fund purpose.
(B) The sheriff shall pay for feeding prisoners from meal
allowances received under
IC 36-8-10-7.
The sheriff or the
sheriff's officers, deputies, or employees may not make a profit
from the meal allowances. After the expenses of feeding
prisoners are paid, the sheriff shall deposit any unspent meal
allowance money in the county general fund for use for any
general fund purpose.
(5) A requirement that, subject to
IC 36-8-10-7
, the sheriff shall
file an accounting of expenditures for feeding prisoners with the
county auditor on the first Monday of January and the first
Monday of July of each year.
(6) An expiration date that is not later than the date that the term
of the sheriff expires.
(7) Other provisions concerning the sheriff's compensation to
which the sheriff, the county executive, and the fiscal body agree.
(c) A salary contract is entered under this section when a written
document containing the provisions of the contract is:
(1) approved by resolution of both the executive and the fiscal
body; and
(2) signed by the sheriff.
SOURCE: IC 36-8-10-7; (03)IN1514.1.2. -->
SECTION 2.
IC 36-8-10-7
, AS AMENDED BY P.L.170-2002,
SECTION 163, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 7. (a) The state examiner of the
state board of accounts shall fix the exact amount per meal that the
sheriff of each county receives for feeding the prisoners in the sheriff's
custody. Subject to the maximum meal allowance provided in this
section, the state examiner shall increase the amount per meal that a
sheriff receives as follows:
(1) Increase the amount per meal by a percentage that does not
exceed the percent of increase in the United States Department of
Labor Consumer Price Index during the year preceding the year
in which an increase is established.
(2) Increase the amount per meal above the amount determined
under subdivision (1) if the sheriff furnishes to the state examiner
sufficient documentation to prove that the sheriff cannot provide
meals at the amount per meal that is determined under
subdivision (1).
The amount must be fixed by April 15 each year and takes effect
immediately upon approval. The allowance may not exceed two dollars
($2) per person per meal.
Subject to subsection (c), the allowance
shall be paid out of the general fund of the county after the sheriff
submits to the county executive an itemized statement, under oath,
showing the names of the prisoners, the date that each was imprisoned
in the county jail, and the number of meals served to each prisoner.
(b) Notwithstanding subsection (a),
IC 36-2-13-2.5
(b)(4) through
IC 36-2-13-2.5
(b)(5), and
IC 36-2-13-2.8
(b), this subsection applies to
a county having a population of
(1) more than one hundred seventy thousand (170,000) but less
than one hundred eighty thousand (180,000) or
(2) a county having a population of more than three hundred
thousand (300,000).
A county shall feed the county prisoners through an appropriation in
the usual manner by the county fiscal body. The appropriation shall be
expended by the sheriff under the direction of the county executive.
Subject to subsection (c), if:
(1) a county has a population of less than four hundred thousand
(400,000), an accounting of the expenditures must be filed
monthly with the county auditor by the fifth day of the month
following the expenditure;
If and
(2) a county has a population of four hundred thousand (400,000)
or more, an accounting of the expenditures must be filed with the
county auditor on the first Monday of January and the first
Monday of July of each year.
Neither the sheriff nor the sheriff's officers, deputies, and employees
may make a profit as a result of the appropriation.
(c) This subsection applies whenever the sheriff or the sheriff's
officers, deputies, or employees:
(1) pay for feeding prisoners from a meal allowance received
under this section; or
(2) participate in another reimbursement or expense
allowance arrangement for feeding prisoners.
A county and the sheriff and the sheriff's officers, deputies, and
employees of the county shall participate in an accountability plan
for the reimbursement of expenditures for feeding prisoners that
meets the requirements of an accountability plan under 26 CFR
1.62-2 (as in effect January 1, 2003), as revised by any successor
regulation adopted under Section 7805(a) of the Internal Revenue
Code. The state board of accounts may establish standards, forms,
and procedures for implementing an accountability plan under this
subsection.
SOURCE: ; (03)IN1514.1.3. -->
SECTION 3. [EFFECTIVE UPON PASSAGE] (a) Except as
provided in subsection (b),
IC 36-8-10-7
, as amended by this act,
applies to expenditures for feeding prisoners made after December
31, 2003.
(b) If a written contract for the compensation of a sheriff or the
sheriff's officers, deputies, and employees:
(1) was entered into before the effective date of this
SECTION;
(2) expires after December 31, 2003; and
(3) provides for reimbursement or another expense allowance
arrangement for feeding prisoners that does not meet the
requirements of an accountability plan under 26 CFR 1.62-2
(as in effect January 1, 2003);
IC 36-8-10-7, as amended by this act, applies to expenditures for
feeding prisoners made after the expiration of the contract
described in this subsection.
SOURCE: ; (03)IN1514.1.4. -->
SECTION 4.
An emergency is declared for this act.