SB 638-3_ Filed 04/07/2005, 07:47 Espich
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Engrossed Senate Bill 638 be amended to read as follows:
SOURCE: Page 1, line 1; (05)MO063803.1. -->
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
SOURCE: IC 3-5-2-49.1; (05)MO063803.1. -->
"SECTION 1. IC 3-5-2-49.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec..49.1. "Township" means the
following:
(1) A township in a county not having a consolidated city.
(2) A township in a county having a consolidated city that has
not consolidated its functions with the consolidated city under
IC 36-6-1.1.
(3) A township district that consists of townships in a county
having a consolidated city that have consolidated functions
with the consolidated city under IC 36-6-1.1.
SOURCE: IC 3-8-1-30; (05)MO063803.3. -->
SECTION 3. IC 3-8-1-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 30. A candidate
for the office of judge of a small claims court
or small claims judge
(as defined in IC 33-33-49-5.2) if a township consolidates its
functions with a consolidated city under IC 36-6-1.1 must:
(1) be a United States citizen upon taking office;
(2) either:
(A) have resided in the township from which the candidate is
elected for at least one (1) year upon taking office; or
(B) have been elected as a small claims court judge in the
township before 1999;
(3) be of high moral character and reputation; and
(4) be admitted to the practice of law in Indiana upon filing a
declaration of candidacy or petition of nomination or upon the
filing of a certificate of candidate selection under IC 3-13-1-15 or
IC 3-13-2-8.
SOURCE: IC 3-8-1-31; (05)MO063803.4. -->
SECTION 4. IC 3-8-1-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 31. A candidate
for the office of constable of a small claims court or a small claims
constable if a township consolidates its functions with a
consolidated city under IC 36-6-1.1 must:
(1) have resided in the township for more than one (1) year upon
taking office; and
(2) be at least twenty-one (21) years old upon taking office.
SOURCE: IC 3-8-2-5; (05)MO063803.5. -->
SECTION 5. IC 3-8-2-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]: 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, county, or, if a
township does not consolidate its functions with a
consolidated city under IC 36-6-1.1, a 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; (05)MO063803.6. -->
SECTION 6. IC 3-10-1-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: 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
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.
Vote for one 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) 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.
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court
or small claims judge if
a township consolidates its functions with a consolidated
city under IC 36-6-1.1.
(E) Constable of the small claims court
or small claims
constable if a township consolidates its functions with a
consolidated city under IC 36-6-1.1.
(6) 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) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(c) 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) 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):
(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) The offices and public questions described in subsection (d) shall
be placed in a separate column on the ballot if voting is by paper ballot,
ballot card voting system, or electronic voting system or in a separate
column of ballot labels if voting is by voting machine.
(f) 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 3-10-2-13; (05)MO063803.7. -->
SECTION 7. IC 3-10-2-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 13. 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.
(14) Judge of a small claims court or small claims judge if a
township consolidates its functions with the consolidated city
under IC 36-6-1.1.
(15) Constable of a small claims court or small claims constable
if a township consolidates its functions with the consolidated
city under IC 36-6-1.1.
SOURCE: IC 3-11-1.5-32.5; (05)MO063803.8. -->
SECTION 8. IC 3-11-1.5-32.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 32.5. (a) This section
applies to townships in a county containing a consolidated city
that are
not consolidated into a township district established under
IC 36-6-1.1.
(b) The legislative body of a township may not change the boundary
of a legislative body district established under IC 36-6-6-2.5 after
November 8 of the year preceding the year in which an election is held
to elect township board members and before the day following the date
on which an election is held to elect township board members.
SOURCE: IC 3-11-2-12; (05)MO063803.8. -->
SECTION 8. IC 3-11-2-12, AS AMENDED BY
P.L.14-2004,SECTION 98, AND AS AMENDED BY P.L.98-2004,
SECTION 37, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 12. 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) Clerk of the supreme court.
(J) (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.
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court or small claims judge if
a township consolidates its functions with a consolidated
city under IC 36-6-1.1.
(E) Constable of the small claims court or small claims
constable if a township consolidates its functions with a
consolidated city under IC 36-6-1.1.
(6) 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) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
SOURCE: IC 3-13-1-15; (05)MO063803.9. -->
SECTION 9. IC 3-13-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: 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
or small claims
judge (if a township consolidates its functions with the
consolidated city under IC 36-6-1.1) of a circuit, superior,
probate,
or county
court, or
a small claims court
(if a
township consolidates its functions with the consolidated
city under IC 36-6-1.1), 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; (05)MO063803.10. -->
SECTION 10. IC 3-13-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: 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 or small claims
judge (if a township consolidates its functions with the
consolidated city under IC 36-6-1.1) of a circuit, superior,
probate, county, or small claims court (if a township
consolidates its functions with the consolidated city under
IC 36-6-1.1) 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 section (a) shall be filed not more
than three (3) days (excluding Saturdays and Sundays) after selection
of the candidate.
SOURCE: IC 3-13-10-5; (05)MO063803.11. -->
SECTION 11. IC 3-13-10-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 5. (a) Except as
provided in subsection (b), a vacancy in the office of:
(1) judge of a small claims court; or
(2) small claims court constable;
not covered by section 1 of this chapter shall be filled by the township
board at a regular or special meeting. The chairman of the township
board shall give notice of the meeting, which shall be held within thirty
(30) days after the vacancy occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each board member at least ten
(10) days before the meeting.
(b) This subsection applies if a township consolidates its
functions with a consolidated city under IC 36-6-1.1. A vacancy in
the office of:
(1) small claims judge; or
(2) small claims constable;
not covered by section 1 of this chapter shall be filled by the mayor
of the consolidated city.
SOURCE: IC 4-4-6.1-2.6; (05)MO063803.12. -->
SECTION 12. IC 4-4-6.1-2.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 2.6. (a) This
section applies to records and other information, including records and
information that are otherwise confidential, maintained by the
following:
(1) The board.
(2) An urban enterprise association.
(3) The department of state revenue.
(4) The department of commerce.
(5) The department of local government finance.
(6) A county auditor.
(7) A controller for a consolidated city.
(7) (8) A township assessor or a county assessor if a township
consolidates its functions with a consolidated city under
IC 36-6-1.1.
(b) A person listed in subsection (a) may request a second person
described in subsection (a) to provide any records or other information
maintained by the second person that concern an individual or business
that is receiving a tax deduction, exemption, or credit related to an
enterprise zone. Notwithstanding any other law, the person to whom the
request is made under this section must comply with the request. A
person receiving records or information under this section that are
confidential must also keep the records or information confidential.
(c) A person who receives confidential records or information under
this section and knowingly or intentionally discloses the records or
information to an unauthorized person commits a Class A
misdemeanor.".
Delete pages 2 through 7.
SOURCE: Page 8, line 1; (05)MO063803.8. -->
Page 8, delete lines 1 through 36.
Page 19, delete lines 13 through 42, begin a new paragraph and
insert:
SOURCE: IC 5-4-1-4; (05)MO063803.20. -->
"SECTION 20. IC 5-4-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: 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, officers of a political subdivision or
school corporation, and constables of a small claims court, or
small claims constables (if a township consolidates its
functions with a consolidated city under IC 36-6-1.1) 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; (05)MO063803.21. -->
SECTION 21. IC 5-8-3.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: 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,
or a small claims judge (if a
township consolidates its functions with a consolidated city
under IC 36-6-1.1).
(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: Page 20, line 1; (05)MO063803.20. -->
Page 20, delete lines 1 through 33.
Page 25, delete lines 4, through 42, begin a new paragraph and
insert:
SOURCE: IC 5-10.1-1-6; (05)MO063803.26. -->
"SECTION 26. IC 5-10.1-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 6. "Governing
body" means the fiscal body of a county, city, town, or township, or
township district (as defined in IC 36-6-4.1-5), a trustee, the
township board, board of school commissioners, library board, or any
board which by law is authorized to fix a rate of taxation on property
of a political subdivision, or any other board which is empowered to
administer the affairs of any department of, or associated with, a
political subdivision, which department receives revenue independently
of, or in addition to, funds obtained from taxation.
SOURCE: IC 5-10.1-1-7; (05)MO063803.27. -->
SECTION 27. IC 5-10.1-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 7. Political
Subdivision. "Political subdivision" as used in this article means a
county, city, town, township, township district (as defined in
IC 36-6-4.1-5), political body corporate, political entity, local housing
authority, public school corporation, public library, public utility of a
county, city, town, or township whether the public utility is operated by
the city or town or under the terms of a trusteeship for the benefit of the
city or town, and a department of, or associated with, a county, city,
town, or township, which department receives revenue independently
of, or in addition to, funds obtained through taxation. A state agency or
a judicial circuit may not be construed as a political subdivision.
SOURCE: IC 6-1.1-1.5; (05)MO063803.28. -->
SECTION 28. IC 6-1.1-1.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2007]:
Chapter 1.5. County Assessor Performs Township Assessor
Duties
Sec. 1. In a county having a consolidated city, the county
assessor has the same duties and responsibilities for the townships
in the county that have consolidated functions with the consolidated
city under IC 36-6-1.1 that the township assessor has for the
township in a county that does not have a consolidated city.
SOURCE: IC 6-1.1-3-17; (05)MO063803.29. -->
SECTION 29. IC 6-1.1-3-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 17. (a) On or
before June 1 of each year, This subsection applies to each township
assessor of:
(1) a county not having a consolidated city; or
(2) a township in a county having a consolidated that does not
consolidate its functions with the consolidated city under
IC 36-6-1.1.
On or before June 1 of each year, each township assessor shall
deliver to the county assessor a list which states by taxing district the
total of the personal property assessments as shown on the personal
property returns filed with the township assessor on or before the filing
date of that year and in a county with a township assessor under
IC 36-6-5-1 in every township the township assessor shall deliver the
lists to the county auditor as prescribed in subsection (b).
(b) On or before July 1 of each year, each county assessor shall
certify to the county auditor the assessment value of the personal
property in every taxing district.
(c) The department of local government finance shall prescribe the
forms required by this section.
SOURCE: IC 6-1.1-4-13.8; (05)MO063803.30. -->
SECTION 30. IC 6-1.1-4-13.8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 13.8. (a) As used
in this section, "commission" refers to a county land valuation
commission established under subsection (b).
(b) A county land valuation commission is established in each
county for the purpose of determining the value of commercial,
industrial, and residential land (including farm homesites) in the county.
(c) The county assessor is chairperson of the commission.
(d) The following are members of the commission:
(1) The county assessor. The county assessor shall cast a vote
only to break a tie.
(2) Each township assessor, when the respective township land
values for that township assessor's township are under
consideration.
However, in a county having a consolidated city,
only a township assessor of a township that does not
consolidate its functions with the consolidated city may serve
on the board. A township assessor serving under this subdivision
shall vote on all matters relating to the land values of that
township assessor's township.
(3) One (1) township assessor from the county to be appointed by
a majority vote of all the township assessors in the county.
However, in a county having a consolidated city, only a
township assessor of a township that does not consolidate its
functions with the consolidated city may be appointed under
this subdivision.
(4) One (1) county resident who:
(A) holds a license under IC 25-34.1-3 as a salesperson or
broker; and
(B) is appointed by:
(i) the board of commissioners (as defined in IC 36-3-3-10)
for a county having a consolidated city; or
(ii) the county executive (as defined in IC 36-1-2-5) for a
county not described in item (i).
(5) Four (4) individuals who:
(A) are appointed by the county executive (as defined in
IC 36-1-2-5); and
(B) represent one (1) of the following four (4) kinds of land in
the county:
(i) Agricultural.
(ii) Commercial.
(iii) Industrial.
(iv) Residential.
Each of the four (4) kinds of land in the county must be
represented by one (1) individual appointed under this
subdivision.
(6) One (1) individual who:
(A) represents financial institutions in the county; and
(B) is appointed by:
(i) the board of commissioners (as defined in IC 36-3-3-10)
for a county having a consolidated city; or
(ii) the county executive (as defined in IC 36-1-2-5) for a
county not described in item (i).
(e) The term of each member of the commission begins November
1 of the year that precedes by two (2) years the year in which a general
reassessment begins under IC 6-1.1-4-4, and ends January 1 of the year
in which the general reassessment begins under IC 6-1.1-4-4. The
appointing authority may fill a vacancy for the remainder of the vacated
term.
(f) The commission shall determine the values of all classes of
commercial, industrial, and residential land (including farm homesites)
in the county using guidelines determined by the department of local
government finance. Not later than November 1 of the year preceding
the year in which a general reassessment begins, the commission
determining the values of land shall submit the values, all data
supporting the values, and all information required under rules of the
department of local government finance relating to the determination of
land values to the county property tax assessment board of appeals and
the department of local government finance. Not later than January 1
of the year in which a general reassessment begins, the county property
tax assessment board of appeals shall hold a public hearing in the
county concerning those values. The property tax assessment board of
appeals shall give notice of the hearing in accordance with IC 5-3-1 and
shall hold the hearing after March 31 of the year preceding the year in
which the general reassessment begins and before January 1 of the year
in which the general reassessment under IC 6-1.1-4-4 begins.
(g) The county property tax assessment board of appeals shall
review the values, data, and information submitted under subsection (f)
and may make any modifications it considers necessary to provide
uniformity and equality. The county property tax assessment board of
appeals shall coordinate the valuation of property adjacent to the
boundaries of the county with the county property tax assessment
boards of appeals of the adjacent counties using the procedures adopted
by rule under IC 4-22-2 by the department of local government finance.
If the commission fails to submit land values under subsection (f) to the
county property tax assessment board of appeals before January 1 of the
year the general reassessment under IC 6-1.1-4-4 begins, the county
property tax assessment board of appeals shall determine the values.
(h) The county property tax assessment board of appeals shall give
notice to the county and township assessors, if any, of its decision on
the values. The notice must be given before March 1 of the year the
general reassessment under IC 6-1.1-4-4 begins. Not later than twenty
(20) days after that notice, the county assessor or a township assessor,
if any, in the county may request that the county property tax
assessment board of appeals reconsider the values. The county property
tax assessment board of appeals shall hold a hearing on the
reconsideration in the county. The county property tax assessment
board of appeals shall give notice of the hearing under IC 5-3-1.
(i) Not later than twenty (20) days after notice to the county
assessor and township assessor, if any, is given under subsection (h),
a taxpayer may request that the county property tax assessment board
of appeals reconsider the values. The county property tax assessment
board of appeals may hold a hearing on the reconsideration in the
county. The county property tax assessment board of appeals shall give
notice of the hearing under IC 5-3-1.
(j) A taxpayer may appeal the value determined under this section
as applied to the taxpayer's land as part of an appeal filed under
IC 6-1.1-15 after the taxpayer has received a notice of assessment. If a
taxpayer that files an appeal under IC 6-1.1-15 requests the values,
data, or information received by the county property tax assessment
board of appeals under subsection (f), the county property tax
assessment board of appeals shall satisfy the request. The department
of local government finance may modify the taxpayer's land value and
the value of any other land in the township, the county where the
taxpayer's land is located, or the adjacent county if the department of
local government finance determines it is necessary to provide
uniformity and equality.
(k) The county assessor shall notify all township assessors, if any,
in the county of the values as determined by the commission and as
modified by the county property tax assessment board of appeals or
department of local government finance under this section. Township
assessors shall use the values determined under this section.
SOURCE: IC 6-1.1-4-25; (05)MO063803.31. -->
SECTION 31. IC 6-1.1-4-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 25. (a) Each
township assessor shall keep the assessor's reassessment data and
records current by securing the necessary field data and by making
changes in the assessed value of real property as changes occur in the
use of the real property. The township assessor's records shall at all
times show the assessed value of real property in accordance with the
provisions of this chapter. The township assessor shall ensure that the
county assessor has full access to the assessment records maintained by
the township assessor.
(b) The township assessor for a township in a county having a
consolidated city that does not consolidate its functions with the
consolidated city under IC 36-6-1.1 or the county assessor in every
other county or in a township in a county having a consolidated city
that consolidates its functions with the consolidated city under
IC 36-6-1.1 shall:
(1) maintain an electronic data file of:
(A) the parcel characteristics and parcel assessments of all
parcels; and
(B) the personal property return characteristics and
assessments by return;
for each township in the county as of each assessment date;
(2) maintain the file in the form required by:
(A) the legislative services agency; and
(B) the department of local government finance; and
(3) transmit the data in the file with respect to the assessment date
of each year before October 1 of the year to:
(A) the legislative services agency; and
(B) the department of local government finance.
SOURCE: IC 6-1.1-4-28.5; (05)MO063803.32. -->
SECTION 32. IC 6-1.1-4-28.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 28.5. (a) Money
assigned to a property reassessment fund under section 27.5 of this
chapter may be used only to pay the costs of:
(1) the general reassessment of real property, including the
computerization of assessment records;
(2) payments to county assessors, members of property tax
assessment boards of appeals, or assessing officials under
IC 6-1.1-35.2;
(3) the development or updating of detailed soil survey data by the
United States Department of Agriculture or its successor agency;
(4) the updating of plat books; and
(5) payments for the salary of permanent staff or for the
contractual services of temporary staff who are necessary to assist
county assessors, members of a county property tax assessment
board of appeals, and assessing officials.
(b) All counties shall use modern, detailed soil maps in the general
reassessment of agricultural land.
(c) The county treasurer of each county shall, in accordance with
IC 5-13-9, invest any money accumulated in the property reassessment
fund until the money is needed to pay general reassessment expenses.
Any interest received from investment of the money shall be paid into
the property reassessment fund.
(d) Except as provided in subsection (e), an appropriation under
this section must be approved by the fiscal body of the county after the
review and recommendation of the county assessor. However, in a
county with an elected township assessor under IC 36-6-5-1 in every
township,
(e) This subsection applies to a township in a county that does
not consolidate its functions with the consolidated city under
IC 36-6-1.1. The county assessor does not review an appropriation
under this section, and only the fiscal body must approve an
appropriation under this section.
SOURCE: IC 6-1.1-5-14; (05)MO063803.33. -->
SECTION 33. IC 6-1.1-5-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 14. (a) Except as
provided in subsection (b), not later than May 15, each assessing
official shall prepare and deliver to the county assessor a detailed list
of the real property listed for taxation in the township. On or before
July 1 of each year, each county assessor shall, under oath, prepare and
deliver to the county auditor a detailed list of the real property listed for
taxation in the county.
(b) In a county with an elected township assessor under IC 36-6-5-1
in every township the township assessor shall prepare the real property
list. This subsection applies to a township in a county having a
consolidated city that does not consolidate its functions with the
consolidated city under IC 36-6-1.1. The assessing officials and the
county assessor shall prepare the list in the form prescribed by the
department of local government finance. The township assessor shall
ensure that the county assessor has full access to the assessment records
maintained by the township assessor.
SOURCE: IC 6-1.1-5.5-3; (05)MO063803.34. -->
SECTION 34. IC 6-1.1-5.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 3. (a) Before
filing a conveyance document with the county auditor under
IC 6-1.1-5-4, all the parties to the conveyance must complete and sign
a sales disclosure form as prescribed by the department of local
government finance under section 5 of this chapter. All the parties may
sign one (1) form, or if all the parties do not agree on the information
to be included on the completed form, each party may sign and file a
separate form.
(b) Except as provided in subsection (c), the auditor shall forward
each sales disclosure form to the county assessor. The county assessor
shall retain the forms for five (5) years. The county assessor shall
forward the sales disclosure form data to the department of local
government finance and the legislative services agency:
(1) before January 1, 2005, in an electronic format, if possible;
and
(2) after December 31, 2004, in an electronic format specified
jointly by the department of local government finance and the
legislative services agency.
The county assessor shall forward a copy of the sales disclosure forms
to the township assessors in the county, if any. The forms may be used
by the county assessing officials, the department of local government
finance, and the legislative services agency for the purposes established
in IC 6-1.1-4-13.6, sales ratio studies, equalization, adoption of rules
under IC 6-1.1-31-3 and IC 6-1.1-31-6, and any other authorized
purpose.
(c) In a county containing a consolidated city, This subsection
applies to a township in a county having a consolidated city that
does not consolidate its functions with the consolidated city under
IC 36-6-1.1. The auditor shall forward the sales disclosure form to the
appropriate township assessor. The township assessor shall forward the
sales disclosure form to the department of local government finance and
the legislative services agency:
(1) before January 1, 2005, in an electronic format, if possible;
and
(2) after December 31, 2004, in an electronic format specified
jointly by the department of local government finance and the
legislative services agency.
The forms may be used by the county assessing officials, the
department of local government finance, and the legislative services
agency for the purposes established in IC 6-1.1-4-13.6, sales ratio
studies, equalization, adoption of rules under IC 6-1.1-31-3 and
IC 6-1.1-31-6, and any other authorized purpose.
(d) If a sales disclosure form includes the telephone number or
Social Security number of a party, the telephone number or Social
Security number is confidential.
SOURCE: IC 6-1.1-5.5-12; (05)MO063803.35. -->
SECTION 35. IC 6-1.1-5.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 12. (a) A party to
a conveyance who:
(1) is required to file a sales disclosure form under this chapter;
and
(2) fails to file a sales disclosure form at the time and in the
manner required by this chapter;
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
of a township in a county containing a
consolidated city that does not consolidate its functions with the
consolidated city under IC 36-6-1.1 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 6-1.1-8-24; (05)MO063803.36. -->
SECTION 36. IC 6-1.1-8-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 24. (a) Each year
a township assessor shall assess the fixed property which as of the
assessment date of that year is:
(1) owned or used by a public utility company; and
(2) located in the township the township assessor serves.
(b) The township assessor shall determine the assessed value of
fixed property. Except as provided in subsection (c), the township
assessor shall certify the assessed values to the county assessor on or
before April 1 of the year of assessment. However, in a township in a
county with an elected township assessor under IC 36-6-5-1 in every
township the township having a consolidated city that does not
consolidate its functions with the consolidated city under
IC 36-6-1.1, the assessor shall certify the list to the department of local
government finance.
(c) In a township in a county having a consolidated city that
consolidates its functions with the consolidated city under
IC 36-6-1.1, the county assessor shall certify the list to the
department of local government finance.
(d) The county assessor shall review the assessed values and shall
certify the assessed values to the department of local government
finance on or before April 10 of the year of assessment.
SOURCE: IC 6-1.1-18.5-21; (05)MO063803.37. -->
SECTION 37. IC 6-1.1-18.5-21 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]:
Sec. 21. (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.36-3-1-6.1, IC 36-3-1-6.3, or IC 36-6-1.1-4.
(b) For property taxes first due and payable each year beginning
in 2007, the maximum permissible ad valorem property tax levy for
a consolidated city is increased each year by an amount equal to the
lesser of:
(1) the difference between:
(A) the maximum permissible ad valorem property tax levy
under section 3 of this chapter for the current year for the
consolidated city's fire special service district created
under IC.36-3-1-6; and
(B) the amount levied that year for the fire special service
district; or
(2) ten percent (10%) of the maximum permissible ad valorem
property tax levy under section 3 of this chapter for property
taxes first due and payable in 2006 for the consolidated city's
fire special service district created under IC 36-3-1-6.
SOURCE: IC 6-1.1-28-1; (05)MO063803.38. -->
SECTION 38. IC 6-1.1-28-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 1. (a) This
section applies to all counties except a county having a consolidated
city. Each county shall have a county property tax assessment board of
appeals composed of individuals who are at least eighteen (18) years of
age and knowledgeable in the valuation of property. In addition to the
county assessor, only one (1) other individual who is an officer or
employee of a county or township may serve on the board of appeals
in the county in which the individual is an officer or employee. The
fiscal body of the county shall appoint two (2) individuals to the board.
At least one (1) of the members appointed by the county fiscal body
must be a certified level two assessor-appraiser. The board of
commissioners of the county shall appoint two (2) freehold members so
that not more than three (3) of the five (5) members may be are of the
same political party and so that at least three (3) of the five (5) members
are residents of the county. At least one (1) of the members appointed
by the board of county commissioners must be a certified level two
assessor-appraiser. However, if the county assessor is a certified level
two assessor-appraiser, the board of county commissioners may waive
the requirement in this subsection that one (1) of the freehold members
appointed by the board of county commissioners must be a certified
level two assessor-appraiser. A person appointed to a property tax
assessment board of appeals may serve on the property tax assessment
board of appeals of another county at the same time. The members of
the board shall elect a president. The employees of the county assessor
shall provide administrative support to the property tax assessment
board of appeals. The county assessor is a voting member of the
property tax assessment board of appeals. The county assessor shall
serve as secretary of the board. The secretary shall keep full and
accurate minutes of the proceedings of the board. A majority of the
board that includes at least one (1) certified level two assessor-appraiser
constitutes a quorum for the transaction of business. Any question
properly before the board may be decided by the agreement of a
majority of the whole board.
(b) The county assessor, county fiscal body, and board of county
commissioners may agree to waive the requirement in subsection (a)
that not more than three (3) of the five (5) members of the county
property tax assessment board of appeals may be of the same political
party if it is necessary to waive the requirement due to the absence of
certified level two Indiana assessor-appraisers:
(1) who are willing to serve on the board; and
(2) whose political party membership status would satisfy the
requirement in subsection (c)(1). (a).
(c) If the board of county commissioners is not able to identify at
least two (2) prospective freehold members of the county property tax
assessment board of appeals who are:
(1) residents of the county;
(2) certified level two Indiana assessor-appraisers; and
(3) willing to serve on the county property tax assessment board
of appeals;
it is not necessary that at least three (3) of the five (5) members of the
county property tax assessment board of appeals be residents of the
county.
SOURCE: IC 6-1.1-28-1.5; (05)MO063803.39. -->
SECTION 39. IC 6-1.1-28-1.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2007]:
Sec. 1.5. (a) This section applies
to a county having a consolidated city. The county property tax
assessment board of appeals is established, composed of individuals
who are at least eighteen (18) years of age and knowledgeable in the
valuation of property. In addition to the county assessor, who
serves as a nonvoting member, only one (1) other individual who is
an officer or employee of the county may serve on the board of
appeals. The fiscal body of the county shall appoint two (2)
individuals to the board. At least one (1) of the members appointed
by the county fiscal body must be a certified level two Indiana
assessor-appraiser. The board of commissioners of the county shall
appoint three (3) freehold members so that not more than three (3)
of the five (5) voting members are of the same political party and
so that at least three (3) of the five (5) voting members are residents
of the county. At least one (1) of the members appointed by the
board of county commissioners must be a certified level two
Indiana assessor-appraiser. One (1) of the members appointed by
the board of county commissioners must be a representative of a
neighborhood or taxpayer organization located in the county. A
person appointed to a property tax assessment board of appeals
may serve on the property tax assessment board of appeals of
another county at the same time. The members of the board shall
elect a president. The employees of the county assessor shall
provide administrative support to the property tax assessment
board of appeals. The county assessor shall serve as secretary of the
board. The secretary shall keep full and accurate minutes of the
proceedings of the board. A majority of the voting members of the
board that includes at least one (1) certified level two Indiana
assessor-appraiser constitutes a quorum for the transaction of
business. Any question properly before the board may be decided
by the agreement of a majority of the voting members of the board.
(b) The county fiscal body and board of commissioners of the
county may agree to waive the requirement in subsection (a) that
not more than three (3) of the five (5) members of the county
property tax assessment board of appeals are of the same political
party if it is necessary to waive the requirement due to the absence
of certified level two Indiana assessor-appraisers:
(1) who are willing to serve on the board; and
(2) whose political party membership status would satisfy the
requirement in subsection (a).
(c) If the board of county commissioners is not able to identify
at least two (2) prospective freehold members of the county
property tax assessment board of appeals who are:
(1) residents of the county;
(2) certified level two Indiana assessor-appraisers; and
(3) willing to serve on the county property tax assessment
board of appeals;
it is not necessary that at least three (3) of the five (5) members of
the county property tax assessment board of appeals be residents
of the county.
SOURCE: IC 6-1.1-31.5-3.5; (05)MO063803.40. -->
SECTION 40. IC 6-1.1-31.5-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 3.5. (a) After
December 31, 1998, each county shall maintain a state certified
computer system that has the capacity to:
(1) process and maintain assessment records;
(2) process and maintain standardized property tax forms;
(3) process and maintain standardized property assessment
notices;
(4) maintain complete and accurate assessment records for the
county; and
(5) process and compute complete and accurate assessments in
accordance with Indiana law.
(b) This subsection applies to:
(1) a county not having a consolidated city; and
(2) any township in a county having a consolidated city that
consolidates its functions with the consolidated city under
IC 36-6-1.1.
The county assessor with the recommendation of the township
assessors shall select the computer system used by township assessors
and the county assessor in the county. except in a county with a
township assessor elected under IC 36-6-5-1 in every township. In a
county with an elected township assessor under IC 36-6-5-1 in every
township,
(c) This subsection applies to a township in a county having a
consolidated city that consolidates its functions with the
consolidated city under IC 36-6-1.1. The elected township assessors
county assessor shall select a computer system. based on a majority
vote of the township assessors in the county.
(b) (d) All information on the computer system shall be readily
accessible to:
(1) township assessors;
(2) the county assessor;
(3) the department of local government finance; and
(4) members of the county property tax assessment board of
appeals.
(c) (e) The certified system used by the counties must be compatible
with the data export and transmission requirements in a standard format
prescribed by the department of local government finance. The certified
system must be maintained in a manner that ensures prompt and
accurate transfer of data to the department.
(d) (f) All standardized property forms and notices on the certified
computer system shall be maintained by the township assessor and the
county assessor in an accessible location and in a format that is easily
understandable for use by persons of the county.".
Delete pages 26 through 35.
SOURCE: Page 36, line 1; (05)MO063803.36. -->
Page 36, delete lines 1 through 40.
Page 37, delete lines 9 through 42, begin a new paragraph and insert:
SOURCE: IC 6-2.5-8-1; (05)MO063803.42. -->
"SECTION 42. IC 6-2.5-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 1. (a) A retail
merchant may not make a retail transaction in Indiana, unless
he the
retail merchant has applied for a registered retail merchant's
certificate.
(b) A retail merchant may obtain a registered retail merchant's
certificate by filing an application with the department and paying a
registration fee of twenty-five dollars ($25) for each place of business
listed on the application. The retail merchant shall also provide such
security for payment of the tax as the department may require under
IC 6-2.5-6-12.
(c) The retail merchant shall list on the application the location
(including the township) of each place of business where
he the
merchant makes retail transactions. However, if the retail merchant
does not have a fixed place of business,
he the merchant shall list
his
the merchant's residence as
his the merchant's place of business. In
addition, a public utility may list only its principal Indiana office as its
place of business for sales of public utility commodities or service, but
the utility must also list on the application the places of business where
it makes retail transactions other than sales of public utility
commodities or service.
(d) Upon receiving a proper application, the correct fee, and the
security for payment, if required, the department shall issue to the retail
merchant a separate registered retail merchant's certificate for each
place of business listed on the application. Each certificate shall bear a
serial number and the location of the place of business for which it is
issued.
(e) If a retail merchant intends to make retail transactions during a
calendar year at a new Indiana place of business, he the retail
merchant must file a supplemental application and pay the fee for that
place of business.
(f) A retail merchant engaged in business in Indiana as defined in
IC 6-2.5-3-1(c) who makes retail transactions that are only subject to
the use tax must obtain a registered retail merchant's certificate before
making those transactions. The retail merchant may obtain the
certificate by following the same procedure as a retail merchant under
subsections (b) and (c), except that the retail merchant must also
include on the application:
(1) the names and addresses of the retail merchant's principal
employees, agents, or representatives who engage in Indiana in
the solicitation or negotiation of the retail transactions;
(2) the location of all of the retail merchant's places of business in
Indiana, including offices and distribution houses; and
(3) any other information that the department requests.
(g) The department may permit an out-of-state retail merchant to
collect the use tax. However, before the out-of-state retail merchant
may collect the tax, he the retail merchant must obtain a registered
retail merchant's certificate in the manner provided by this section.
Upon receiving the certificate, the out-of-state retail merchant becomes
subject to the same conditions and duties as an Indiana retail merchant
and must then collect the use tax due on all sales of tangible personal
property that he the retail merchant knows is intended for use in
Indiana.
(h) The department shall submit to the township assessor or, in the
case of a township located in a county having a consolidated city
that consolidates its functions with the consolidated city under
IC 36-6-1.1, the county assessor before July 15 of each year:
(1) the name of each retail merchant that has newly obtained a
registered retail merchant's certificate between March 2 of the
preceding year and March 1 of the current year for a place of
business located in the township or county, as appropriate; and
(2) the address of each place of business of the taxpayer in the
township or county, as appropriate.
SOURCE: IC 6-3.5-6-18.5; (05)MO063803.43. -->
SECTION 43. IC 6-3.5-6-18.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: 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 and IC 6-1.1-18.6 for each civil taxing unit for
the calendar year in which the month falls, plus, for a
county, an amount equal to the property taxes imposed by
the county in 1999 for the county's welfare fund and welfare
administration fund; divided by
(B) the sum of the maximum permissible property tax levies
under IC 6-1.1-18.5 and IC 6-1.1-18.6 for all civil taxing
units of the county during the calendar year in which the
month falls, and an amount equal to the property taxes
imposed by the county in 1999 for the county's welfare fund
and welfare administration fund.
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 and IC 6-1.1-18.6 for the qualifying civil
taxing unit during the calendar year in which the month falls,
plus, for a county, an amount equal to the property taxes
imposed by the county in 1999 for the county's welfare fund
and welfare administration fund; divided by
(B) the sum of the maximum permissible property tax levies
under IC 6-1.1-18.5 and IC 6-1.1-18.6 for all qualifying civil
taxing units of the county during the calendar year in which
the month falls, and an amount equal to the property taxes
imposed by the county in 1999 for the county's welfare fund
and welfare administration fund.
(c) For each year after 2005 the revenues to be distributed as
distributive shares during each month to a township that
consolidates its functions under IC 36-6-1.1 are instead distributed
as additional distributive shares to Indianapolis/Marion County
and the township's distributive share is reduced to zero (0).".
Delete pages 38 through 40.
SOURCE: Page 41, line 1; (05)MO063803.41. -->
Page 41, delete lines 1 through 8.
Page 47, line 15, after "IC 36-8-10.1-8)" insert " .".
Page 47, delete lines 31 through 39, begin a new paragraph and
insert:
SOURCE: IC 10-18-5-1; (05)MO063803.51. -->
"SECTION 51. IC 10-18-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 1. A township
trustee for a township in a county not having a consolidated city, or
for a township in a county having a consolidated city that does not
consolidate its functions with the consolidated city under
IC 36-6-1.1, may receive as public property a monument or memorial
built:
(1) in the township;
(2) in honor of the township's soldiers or marines; and
(3) by the people with public donations;
if the people of the township want to give the monument or memorial
to the township.".
SOURCE: Page 49, line 29; (05)MO063803.49. -->
Page 49, delete lines 29 through 42, begin a new paragraph and
insert:
SOURCE: IC 12-7-2-192.6; (05)MO063803.53. -->
"SECTION 53. IC 12-7-2-192.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec..192.6. "Township" for purposes
of IC.12-20 and IC.12-30-4, means a:
(1) civil township; or
(2) township district (as defined in IC.3-5-2-49.1).
SOURCE: IC 14-21-1-13.5; (05)MO063803.54. -->
SECTION 54. IC 14-21-1-13.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 13.5. (a) The
division may conduct a program to survey and register in a registry of
Indiana cemeteries and burial grounds that the division establishes and
maintains all cemeteries and burial grounds in each county in Indiana.
The division may conduct the program alone or by entering into an
agreement with one (1) or more of the following entities:
(1) The Indiana Historical Society established under IC 23-6-3.
(2) A historical society as defined in IC 20-5-17.5-1(a).
(3) The Historic Landmarks Foundation of Indiana.
(4) A professional archeologist or historian associated with a
college or university.
(5) A township trustee:
(A) of a township in a county not having a consolidated
city; or
(B) of a township in a county having a consolidated city if
the township does not consolidate its functions with the
consolidated city under IC 36-6-1.1.
(6) Any other entity that the division selects.
(b) In conducting a program under subsection (a), the division may
receive gifts and grants under terms, obligations, and liabilities that the
director considers appropriate. The director shall use a gift or grant
received under this subsection:
(1) to carry out subsection (a); and
(2) according to the terms of the gift or grant.
(c) At the request of the director, the auditor of state shall establish
a trust fund for purposes of holding money received under subsection
(b).
(d) The director shall administer a trust fund established by
subsection (c). The expenses of administering the trust fund shall be
paid from money in the trust fund.
(e) The treasurer of state shall invest the money in the trust fund
established by subsection (c) that is not currently needed to meet the
obligations of the trust fund in the same manner as other public trust
funds may be invested. The treasurer of state shall deposit in the trust
fund the interest that accrues from the investment of the trust fund.
(f) Money in the trust fund at the end of a state fiscal year does not
revert to the state general fund.
(g) Nothing in this section may be construed to authorize violation
of the confidentiality of information requirements of 16 U.S.C. 470(w)
and 16 U.S.C. 470(h)(h).
(h) The division may record in each county recorder's office the
location of each cemetery and burial ground located in that county.
SOURCE: IC 15-3-4-0.5; (05)MO063803.55. -->
SECTION 55. IC 15-3-4-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]: Sec. 0.5. (a) This section applies
to a township in a county having a consolidated city.
(b) If a township consolidates its functions with the consolidated
city under IC 36-6-1.1, the duties of a township trustee under this
chapter shall be transferred to the consolidated city.
SOURCE: IC 15-3-4-1; (05)MO063803.56. -->
SECTION 56. IC 15-3-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 1. (a) As used in
this chapter, "detrimental plant" includes Canada thistle (cirsium
arvense), Johnson grass, sorghum alumun (sorghum halrphense), bur
cucumber (sicyos angulatus), shattercane (Sorghum bicolor [L.]
Moench spp. drummondii [Steud.] deWet), and, in residential areas
only, noxious weeds and rank vegetation. The term does not include
agricultural crops.
(b) As used in this chapter, "person" means an individual, an
incorporated or unincorporated organization or association, a trustee or
legal representative, the state a political subdivision (as defined in
IC 36-1-2-13), an agency of the state or a political subdivision, or a
group of those persons acting in concert.
(c) As used in this chapter, "fund" means:
(1) the township fund for a township in a county:
(A) not having a consolidated city;
(B) having a consolidated city if the township does not
consolidate its functions with the consolidated city under
IC 36-6-1.1; or
(2) the appropriate fund of the consolidated city for a
township in a county having a consolidated city if the
township consolidates its functions with the consolidated city
under IC 36-6-1.1.
(d) As used in this chapter, "township trustee" or "trustee"
means:
(1) a township trustee for a township in a county:
(A) not having a consolidated city; or
(B) having a consolidated city, if the township does not
consolidate its functions with the consolidated city under
IC 36-6-1.1; or
(2) the consolidated city for a township in a county having a
consolidated city, if the township consolidates its functions
under IC 36-6-1.1.
(c) (e) A person owning or possessing real estate in Indiana shall
destroy detrimental plants by cutting or mowing and, if necessary, by
plowing, cultivating, or smothering, or by the use of chemicals in the
bud stage of growth or earlier, to prevent those detrimental plants from
maturing on any such real estate.".
SOURCE: Page 52, line 25; (05)MO063803.52. -->
Page 52, delete lines 25 through 42, begin a new paragraph and
insert:
SOURCE: IC 15-3-4-3; (05)MO063803.58. -->
"SECTION 58. IC 15-3-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 3. (a) The
township trustee may pay for the chemicals, work, and labor performed
in cutting or destroying detrimental plants under this chapter at a rate
per hour to be fixed by the township trustee commensurate with local
hourly wages.
(b) In all cases in which the infestation of the land with detrimental
plants is so great and widespread as in the opinion of the trustee to
render such cutting or eradication by hand methods impractical, the
trustee shall engage the necessary power machinery or equipment and
may pay for the work at a rate per hour fixed by the township trustee,
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 with the trustee,
of the township, and when the bill has been approved the trustee shall
pay the bill out of the
township fund. The trustee of the township shall
certify the cost or expense of the work, and the cost of the chemicals,
adding to such bill twenty dollars ($20) per day for each day that the
trustee or the trustee's agent supervises the performance of the services
required under this chapter as compensation for services, with a
description of the real estate on which the labor was performed.
(d) The certified statement of costs prepared under subsection (c)
shall be mailed using certificate of mailing to, or personally served on,
the owner or person possessing the real estate. The certified statement
shall be mailed 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. The statement
shall request that the person pay the cost of performing the service
under subsection (c) to the township trustee.
(e) If the owner or person in possession of the property does not pay
the amount set forth in the statement within ten (10) days after
receiving the notice under subsection (d), the township trustee shall file
a copy of the certified statement in the office of the county auditor of
the county where the real estate is located. However, if the township
is in a county having a consolidated city, and the township
consolidates its functions with the consolidated city under
IC 36-6-1.1, the township trustee shall file a copy of the certified
statement in the office of the city controller.
(f) The auditor or the city controller shall place the amount claimed
in the certified statement on the tax duplicate of the real estate. Except
as provided in subsections (j) through (l), the amount claimed shall be
collected as taxes are collected.
(g) After an amount described in subsection (f) is collected, the
funds shall be deposited in the trustee's township funds fund for use at
the discretion of the trustee.
(h) If there is no money available in a the township fund for that
purpose, the township board upon finding an emergency exists:
(1) in a township located in a county that does not have a
consolidated city, or in a township in a county having a
consolidated city that does not consolidate its functions with
the consolidated city under IC 36-6-1.1, the township
legislative body, shall act under IC 36-6-6-14(b) or IC 36-6-6-15;
or
(2) in a township in a county having a consolidated city that
consolidates its functions with the consolidated city under
IC 36-6-1.1, the consolidated city shall act under IC 36-3-4;
to borrow a sum of money sufficient to meet the emergency.
(i) The trustee, when submitting estimates to the township board
legislative body for action, shall include in the estimates an item
sufficient to cover those expenditures.
(j) This subsection applies to real estate owned by the state. The
auditor of state shall issue a warrant to pay the amount set forth in the
certified statement of costs for real estate owned by the state and shall
charge the appropriate fund for the amount.
(k) This subsection applies to real estate owned by a municipality
(as defined in IC 5-11-1-16) other than the township or a consolidated
city. The fiscal officer of the municipality shall make the necessary
appropriation from the appropriate fund to pay the township the amount
set forth in the certified statement of costs for real estate owned by the
municipality.
(l) This subsection applies to real estate that is exempt from property
taxation. The owner of the tax exempt real estate shall pay the amount
set forth in the certified statement of costs for the tax exempt real estate.
If the owner of the tax exempt real estate fails to pay the amount
required by this chapter, the owner is ineligible for the property tax
exemption and the department of local government finance shall deny
the property tax exemption for the real estate.
SOURCE: IC 15-3-4-4; (05)MO063803.59. -->
SECTION 59. IC 15-3-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 4. Except as
provided in section 3 of this chapter, the county auditor or, if a
township is in a county having a consolidated city and the township
has consolidated its functions with the consolidated city under
IC 36-6-1.1, the city controller, upon receiving and filing such
trustee's certificate as prescribed in this chapter, shall immediately place
said amounts on the tax duplicate of the county and such amounts shall
be due at the next tax paying time, and shall be collected for the proper
township, or townships, or consolidated city, the same as other state,
county, or township taxes are collected, including penalties, forfeitures,
and sales, and when so collected shall be paid to the proper trustee and
placed in the township fund.".
Delete page 53.
SOURCE: Page 54, line 1; (05)MO063803.54. -->
Page 54, delete lines 1 through 20.
Page 55, delete lines 14 through 42, begin a new paragraph and
insert:
SOURCE: IC 15-3-4.6-3; (05)MO063803.63. -->
"SECTION 63. IC 15-3-4.6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 3. The weed
control board consists of the following members to be appointed by the
authorizing body:
(1) One (1)
member appointed as follows:
(A) In a county not having a consolidated city, a township
trustee of
a township in the county.
(B) In a county having a consolidated city, the director of
the department of the consolidated city that is responsible
for the destruction of detrimental plants described in this
chapter or the director's designee.
(2) One (1) soil and water conservation district supervisor.
(3) A representative from the agricultural community of the
county.
(4) A representative from the county highway department or an
appointee of the county commissioners.
and
(5) A cooperative extension service agent from the county to serve
in nonvoting advisory capacity.
(6) In a county having a consolidated city, if any township has
not consolidated its functions with the consolidated city under
IC 36-6-1.1, one (1) additional member shall be appointed who
is a trustee from a township that has not consolidated its
functions with the city.
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. The board
shall elect a chairman and a secretary. The members of the board are
not entitled to receive any compensation, but are entitled to such
traveling and other expenses as may be necessary in the discharge of
their duties. The board may appoint an executive director and employ
necessary technical, professional, and other assistants, and it shall fix
the qualifications, duties, and salaries of these employees subject to the
permission of the county council. The county highway supervisor and
the soil and water conservation district supervisor or employee serving
the county shall serve as inspectors for the board. They shall make
periodic inspections and report their findings to the board and the
executive director, if any.
SOURCE: IC 15-3-5-1; (05)MO063803.64. -->
SECTION 64. IC 15-3-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 1. The Indiana
department of transportation, railroads, drainage districts, township
boards, township boards of townships in a county having a
consolidated city that have not consolidated functions with the
consolidated city under IC 36-6-1.1, public utilities, and other public
and quasi-public corporations shall, between July 1 and September 15,
do anything possible to restrict the growth and seed production of all
Johnson grass growing on lands for which they are responsible in a
municipality or township of this state.
SOURCE: IC 15-5-9-0.5; (05)MO063803.65. -->
SECTION 65. IC 15-5-9-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2007]: Sec. 0.5. As used in this chapter,
"assessor" means:
(1) for a township located in a county not having a
consolidated city:
(A) the township assessor elected under IC 36-6-5-1; or
(B) the township trustee who is required by law to act as
the assessor for the township the trustee serves;
(2) for a township located in a county having a consolidated
city that does not consolidate its functions with the
consolidated city under IC 36-6-1.1, the township assessor
elected under IC 36-6-5-1; or
(3) for a township located in a county having a consolidated
city that consolidates its functions with the consolidated city
under IC 36-6-1.1, the controller of the consolidated city or
the controller's designee.".
SOURCE: Page 56, line 1; (05)MO063803.56. -->
Page 56, delete lines 1 through 24.
Page 57, delete lines 40 through 42, begin a new paragraph and
insert:
SOURCE: IC 15-5-9-2; (05)MO063803.67. -->
"SECTION 67. IC 15-5-9-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 2. (a) The
township assessor shall give to each person a receipt for the money paid
the assessor, which
shall be is designated for dog tax. The receipt shall
show the person's name who owns, harbors, or keeps the dog, the
amount paid, and the number, description, and kind of dogs paid for,
whether male or female, and the number of each. The receipt relieves
the person owning, keeping, or harboring dogs for the current year,
extending one (1) year from its date. The assessor shall keep a record
of persons owning dogs subject to taxation and a record of the dogs
paid for. The assessor shall keep a stub record or copy of the receipts
given for money paid as dog tax. The stub record shall show the
amount paid, the number of dogs, both male and female, paid for, and
the person's name owning the dogs paid for. At the time when the
receipt is issued to the person, the assessor shall give to the person a
tag, which shall be attached to the collar worn by the dog.
(b) Before July 1 each year, the township assessor , except an
assessor in a county having a consolidated city described in section
0.5(3) of this chapter, shall turn over to the township trustee all the
records kept by the assessor relating to the collecting and payment of
dog taxes and kennel license fees, and a copy of all receipts given by
the assessor to persons having paid dog taxes and kennel license fees,
and all money received by the assessor as dog taxes, and all tags left in
the assessor's possession. The assessor shall assess against each person
who failed to pay to the assessor the amount of any license fee owed by
the person, and the amount of the license fees shall be placed upon the
tax duplicate by the county auditor and collected as taxes are collected.
(c) From July 1 each year until March 1 of the next year, the
township trustee assessor shall receive any license fees subject to be
paid under this chapter and issue any licenses under this chapter that
may be received or issued by the township assessor under this chapter.
SOURCE: IC 15-5-9-3; (05)MO063803.68. -->
SECTION 68. IC 15-5-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 3. This section
does not apply to a township described in section 0.5(3) of this
chapter. The township assessor shall, before July 1 each year, report
the amount collected as dog tax and kennel license fees to the county
auditor. The dog taxes and kennel license fees collected by the a
township assessor shall be turned over by the township assessor to the
township trustee of the township assessor's township. The county
auditor shall make a record of the same, and charge the amount stated
in the report against the township trustee as receipts from the county
dog fund.".
SOURCE: Page 58, line 1; (05)MO063803.58. -->
Page 58, delete lines 1 through 39.
Page 59, delete lines 36 through 42, begin a new paragraph and
insert:
SOURCE: IC 15-5-9-8; (05)MO063803.72. -->
"SECTION 72. IC 15-5-9-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 8. (a) All money
derived by the taxing of dogs under this chapter shall constitute a fund
known as the township dog fund or, in the case of a township
described in section 0.5(3) of this chapter, the county dog fund that
the township trustee or, in the case of a township described in section
0.5(3) of this chapter, the controller of the consolidated city, shall
use in the manner provided in this chapter for the payment of the
following:
(1) Damages, less insurance proceeds, sustained by owners of the
following stock, fowl, or game killed, maimed, or damaged by
dogs:
(A) Sheep.
(B) Cattle.
(C) Horses.
(D) Swine.
(E) Goats.
(F) Mules.
(G) Chickens.
(H) Geese.
(I) Turkeys.
(J) Ducks.
(K) Guineas.
(L) Tame rabbits.
(M) Game birds and game animals held in captivity under
authority of a game breeder's license issued by the department
of natural resources.
(N) Bison.
(O) Farm raised cervidae.
(P) Ratitae.
(2) The expense of taking the Pasteur treatment for hydrophobia
incurred by any person bitten by or exposed to a dog known to
have hydrophobia. within any township of Indiana.
(b) Any person requiring the treatment described in subsection (a)(2)
may select the person's own physician.
(c) No damages shall be assessed or paid under this chapter on sheep
except where individual damage exists or is shown.
(d) This subsection applies to a county whose legislative body has
acted under this subsection. A county legislative body may designate
by ordinance one (1) humane society located in that county to receive
fifty cents ($0.50) from each dog tax payment collected under this
chapter.
(e) A humane society designated under subsection (d) shall use the
funds disbursed to the society to maintain an animal shelter.
(f) If a county does not designate a humane society to receive
payments under subsection (d), those amounts remain in the township
dog fund or, in the case of a county having a consolidated city, the
county dog fund.
SOURCE: IC 15-5-9-9.1; (05)MO063803.73. -->
SECTION 73. IC 15-5-9-9.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 9.1. (a)
In order
To qualify for payment for damages by a township trustee
or, in the
case of a township described in section 0.5(3) of this chapter, the
controller of the consolidated city under this chapter, the owner of
stock, fowl, or game listed in section 8(a)(1) of this chapter killed,
maimed, or damaged by dogs shall do the following:
(1) Not more than seventy-two (72) hours after the time of the
loss, notify one (1) of the following having jurisdiction in the
location where the loss occurred:
(A) A law enforcement officer.
(B) An officer of a county or municipal animal control center,
shelter, or similar impounding facility.
(2) Within twenty (20) days from the time of the loss, report the
loss to the trustee of his township of the owner's township or, in
a township described in section 0.5(3) of this chapter, to the
controller of the consolidated city as follows:
(A) Under oath, the owner shall state:
(i) the number, age, and value of the stock, fowl, or game;
and
(ii) the damages, less any insurance proceeds, sustained.
(B) In an affidavit, the owner must be joined by two (2)
disinterested and reputable freeholders residing in the township
in which the stock, fowl, or game were killed, maimed, or
damaged. The affidavit must state that the freeholders are:
(i) disinterested; and
(ii) not related by blood or marriage to the claimant.
(C) No appraisement may exceed the actual cash value of the
stock, fowl, or game. As it applies to ratitae, cash value is no
more than the slaughter value.
(D) The owner shall provide verification of the loss by an
officer under subdivision (1).
(E) No loss shall be paid for property owned by a claimant on
the last property tax assessment date if the property was not
reported by the owner for assessment purposes at that time.
(b) An officer who receives notice under subsection (a)(1) shall visit
the scene of the loss, verify the loss in writing, and mark the animal so
that the animal can support only one (1) claim under this chapter.
SOURCE: IC 15-5-9-10; (05)MO063803.74. -->
SECTION 74. IC 15-5-9-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 10. (a) The
trustees township trustee or the controller of the consolidated city
shall register and pay damages for all losses in the order in which the
losses are reported.
(b) A person may not receive payment from the trustee
or the
controller of the consolidated city for stock, fowl, or game listed in
section 8(a)(1) of this chapter:
(1) that are killed, maimed, or damaged by any dog or dogs owned
or harbored by that person;
(2) for which the person received from another person an amount
equal to the actual damages; or
(3) for which the owner has not complied with section 9.1 of this
chapter.
(c) When rabies shall develop in any stock, fowl, or game listed in
section 8(a)(1) of this chapter, however contracted, and when the
existence of such disease
shall be is proven by:
(1) laboratory diagnosis, made in the laboratory of the state
department of health, or some other laboratory maintained by
state, county, or municipal funds; or
(2) affidavit of an attending legally qualified graduate
veterinarian;
the owner of such animal with rabies
shall be is entitled to recover in
the same amount and manner as provided in sections 8 and 9.1 of this
chapter.
(d) Whenever any dog not accompanied by the dog's owner or
owner's agent is suspected of having rabies and found roaming at large,
and the dog dies or is destroyed on said account, the
township trustee
or controller of the consolidated city shall do the following:
(1) Remove or have removed the head of the dog.
(2) Pay from the township dog fund
or, in the case of a township
described in section 0.5(3) of this chapter, the county dog
fund, the following:
(A) A reasonable fee for the removal of the dog's head.
(B) All charges for transporting the head to a laboratory
maintained by state, county, or municipal funds. If no money
is available in the
appropriate dog fund,
of the township, then
such necessary fees
shall be are paid out of the township
general fund
or, in the case of a township described in
section 0.5(3) of this chapter, the county general fund,
without appropriations having been made.
(e) On the first Monday of March of each year, the township shall
transfer the following to the county treasurer:
(1) Any funds in a township dog fund designated for a humane
society under section 8 of this chapter.
(2) Any amount in a township dog fund exceeding three hundred
dollars ($300) over and above orders drawn on the fund.
(f) The funds transferred to the county treasurer under subsection (e)
shall be are deposited in the county dog fund. On the second Monday
in March of each year, the money in the county dog fund
shall be is
distributed as follows:
(1)
Except for a township described in section 0.5(3) of this
chapter, among the townships of the county in which the orders
drawn against the dog fund exceed the money on hand.
(2) To a humane society designated under section 8 of this
chapter.
(g) If the funds in the county dog fund, after any distribution to a
designated humane society, are insufficient to pay for all stock, fowl,
or game listed in section 8(a)(1) of this chapter that are killed, maimed,
or damaged by dogs
of all the townships in the county, the distribution
shall be is made
, except in a township described in section 0.5(3) of
this chapter, in the ratio of the orders drawn against the dog fund of
the townships and unpaid and unprovided for. The ratio
shall be is
obtained from the report of the trustees of the townships made to the
auditor of the county.
(h) The report under subsection (g) shall be is made by each
township trustee of the county upon the first Monday of March of each
year and must show the following:
(1) All receipts into the dog fund of the township.
(2) All orders drawn against the township fund in the order in
which the orders were drawn.
(i) If the funds in the dog fund of any township and the share of the
county dog fund distributed to such township during any year or, in the
case of a township described in section 0.5(3) of this chapter, the
county dog fund, are insufficient to pay for all stock, fowl, and game
listed in section 8(a)(1) of this chapter that are killed, maimed, or
damaged by dogs in such township or county, as the case may be,
during such year, any such losses registered and any orders drawn
which are unpaid and unprovided for shall be are paid out of the state
dog account.
(j) If upon the first Monday in May of any year there is a surplus left
of the county dog fund after provisions have been made for the payment
of all stock, fowl, and game listed in section 8(a)(1) of this chapter that
are killed, maimed, or damaged by dogs of all the townships of the
county and the distribution to any designated humane society, the
surplus shall be: is:
(1) paid to the auditor of state; and
(2) placed in a separate account of the general fund of the state
treasury known as the state dog account.
SOURCE: IC 15-5-9-11; (05)MO063803.75. -->
SECTION 75. IC 15-5-9-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 11. On or before
the first day of May of each year, the trustee of each township shall
make a report in writing, to the county auditor, of the amount of all
claims in
his the trustee's township for livestock, fowls, or game which
have been destroyed or damaged by dogs, and which claims have been
filed before March 9, 1937, or which may be filed thereafter but have
not been paid for lack of funds. On or before the second Monday in
May of each year, the auditor of each county,
or in the case of a
township described in section 0.5(3) of this chapter, the controller
of the consolidated city, shall make a report, in writing, to the auditor
of state, in such form as the auditor of state shall prescribe, of the
amount of all such claims in
his the county which have been filed and
which have not been paid for lack of funds, and on or before the second
Monday in July, the auditor of state shall issue
his the auditor's
warrant, payable to the auditor of each such county
or, in the case of
a township described in section 0.5(3) of this chapter, the controller
of the consolidated city, for the amount of the unpaid claims. The
warrant
shall be is drawn on the state dog account. Upon the receipt of
the money, the auditor of the county
or, in the case of a township
described in section 0.5(3)of this chapter, the controller of the
consolidated city, shall distribute the funds to the respective townships
of his the county entitled thereto or, in the case of a county having a
consolidated city, to the appropriate fund of the consolidated city,
and the trustee of the township or controller of a consolidated city
shall pay all unpaid claims of his the township or county in the order
in which the claims were filed. If in any year there is not sufficient
money in the state dog account to pay all of the claims, the auditor of
state shall make such distribution, as near as practicable, in proportion
to the aggregate value of livestock, fowls, or game for the destruction
of which or the damage to which claims have been filed in the
respective counties, and the county auditor, except in the case of a
township described in section 0.5(3) of this chapter, shall distribute
the money so received to the several townships in the same proportion.
All money in excess of fifty thousand dollars ($50,000) remaining in
the state dog account, after such annual distribution shall have been
made as hereinbefore provided, shall be is distributed by the auditor of
state in the manner following:
(a) (1) One-half (1/2) of such excess or one hundred thousand
dollars ($100,000) of such excess, whichever sum is the lesser,
shall be is distributed to Purdue University for the School of
Veterinary Science and Medicine to be used solely for canine
disease research.
(b) (2) The balance remaining of such excess, after the distribution
to Purdue University is made as hereinbefore provided, shall be is
distributed to the general fund of each county in direct proportion
to the total amount of money paid into the dog account on the
second Monday in May by the county prior to the distribution.
Of the funds returned to the respective counties the county may, with
the approval of the county commissioners and the county council,
construct dog pounds within said counties.".
Delete pages 60 through 64.
SOURCE: Page 65, line 1; (05)MO063803.65. -->
Page 65, delete lines 1 through 10.
Page 65, delete lines 31 through 42, begin a new paragraph and
insert:
SOURCE: IC 23-14-33-7.5; (05)MO063803.77. -->
"SECTION 77. IC 23-14-33-7.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]: Sec..7.5. "Cemetery fund"
means the:
(1) township fund for a township:
(A) in a county not having a consolidated city; or
(B) in a county having a consolidated city that does not
consolidate its functions with the consolidated city under
IC 36-6-1.1; or
(2) cemetery fund of the consolidated city for a township in a
county having a consolidated city that consolidates its
functions with the consolidated city under IC 36-6-1.1.
SOURCE: IC 23-14-33-32.5; (05)MO063803.78. -->
SECTION 78. IC 23-14-33-32.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]: Sec..32.5. "Township" means:
(1) a township:
(A) in a county not having a consolidated city; or
(B) in a county having a consolidated city, if the township
consolidates its functions with the consolidated city under
IC 36-6-1.1; or
(2) the consolidated city for a township in a county having a
consolidated city that consolidated its functions with the
consolidated city under IC 36-6-1.1.
SOURCE: IC 23-14-33-32.6; (05)MO063803.79. -->
SECTION 79. IC 23-14-33-32.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]: Sec..32.6. "Township trustee" or
"trustee" means:
(1) a township trustee for a township:
(A) in a county not having a consolidated city; or
(B) in a county having a consolidated city if the township
does not consolidate its functions with the consolidated city
under IC 36-6-1.1; or
(2) the consolidated city for a township in a county having a
consolidated city, if the township consolidates its functions
with the consolidated city under IC 36-6-1.1.".
SOURCE: Page 66, line 1; (05)MO063803.66. -->
Page 66, delete lines 1 through 10.
Page 71, delete lines 4 through 42, begin a new paragraph and insert:
SOURCE: IC 32-26-4-2; (05)MO063803.87. -->
"SECTION 87. IC 32-26-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: 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, in a township in a county having
a consolidated city that consolidates its function with the
consolidated city under IC 36-6-1.1, the duties and obligations of a
township trustee under this chapter are the responsibility of the
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,
county, or state. If an agent or a tenant of the owner does
not reside in the township, 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, consolidated city, 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, consolidated city, county highway
superintendent, or Indiana department of transportation 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; (05)MO063803.88. -->
SECTION 88. IC.32-26-9-0.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]: Sec. 0.6. As used in this chapter,
"township" means:
(1) a township in a county not having a consolidated city;
(2) a township in a county having a consolidated city, if the
township does not consolidate its functions with the
consolidated city under IC 36-6-1.1; or
(3) the consolidated city for a township located in a county
having a consolidated city, if the township consolidates its
functions with the consolidated city under IC 36-6-1.1.
SOURCE: IC 32-26-9-0.7; (05)MO063803.89. -->
SECTION 89. IC 32-26-9-0.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]: Sec. 0.7. As used in this chapter,
"township trustee" or "trustee" means:
(1) a township trustee for a township in a county not having a
consolidated city;
(2) a township trustee for a township in a county having a
consolidated city if the township does not consolidate its
functions with the consolidated city under IC 36-6-1.1; or
(2) the consolidated city for a township in a county having a
consolidated city that consolidates its functions with the
consolidated city under IC 36-6-1.1.".
SOURCE: Page 72, line 1; (05)MO063803.72. -->
Page 72, delete lines 1 through 25.
Page 79, delete lines 39 through 42, begin a new paragraph and
insert:
SOURCE: IC 32-31-3-11; (05)MO063803.93. -->
"SECTION 93. IC 32-31-3-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) The following
courts have original and concurrent jurisdiction in cases arising under
this chapter:
(1) A circuit court.
(2) A superior court.
(3) A county court.
(4) A municipal court.
(5) A small claims court , if a township does not consolidate
functions with the consolidated city under IC 36-6-1.1.
(b) A case arising under this chapter may be filed on the small
claims docket of a court that has jurisdiction.
SOURCE: IC 33-23-11-7; (05)MO063803.94. -->
SECTION 94. IC 33-23-11-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 7. (a) As used in
this chapter, "judge" means a judge of the court of appeals, the tax
court, or a circuit, superior, county, small claims, or probate court, or,
if a township consolidates its functions with the consolidated city
under IC 36-6-1.1, a small claims judge (as defined in
IC 33-33-49-5.2).
(b) The term includes a judge pro tempore, commissioner, or hearing
officer if the judge pro tempore, commissioner, or hearing officer sits
more than twenty (20) days other than Saturdays, Sundays, or holidays
in one (1) calendar year as a judge, commissioner, or hearing officer in
any court.
SOURCE: IC 33-23-12-2; (05)MO063803.95. -->
SECTION 95. IC 33-23-12-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 2. (a) As used in
this chapter, "court employee" means a person employed by any of the
following:
(1) The supreme court.
(2) The court of appeals.
(3) The tax court.
(4) A circuit court.
(5) A superior court.
(6) A juvenile court.
(7) A probate court.
(8) A county court.
(9) A municipal court.
(10) A city or town court.
(11) A small claims court,
if a township does not consolidate its
functions with a consolidated city under IC 36-6-1.1.
(b) The term does not include a judge
or, if a township
consolidates its functions with the consolidated city under
IC 36-6-1.1, a small claims judge (as defined in IC 33-33-49-5.2) of
any of the courts listed in subsection (a)(1) through (a)(11).".
Delete page 80.
SOURCE: Page 81, line 1; (05)MO063803.81. -->
Page 81, delete lines 1 through 9, begin a new paragraph and insert:
SOURCE: IC 33-30-2-1; (05)MO063803.97. -->
"SECTION 97. IC 33-30-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 1. (a) A county
court is established in each county, except in: a county for which:
(1) a county for which IC 33-33 provides a small claims docket
of the circuit court;
(2) a county for which IC 33-33 provides a small claims docket
of the superior court; or
(3) a township that does not consolidate its functions with the
consolidated city under IC 36-6-1.1 and for which IC 33-34
provides a small claims court.
(b) In a county having a consolidated city, a county court is
established in the consolidated city and each township that
consolidates its functions with the consolidated city under
IC 36-6-1.1.".
SOURCE: Page 81, line 27; (05)MO063803.81. -->
Page 81, line 27, delete "Nine (9) small claim judges." and insert " A
small claims judge for each township that is consolidated into a
township district under IC 36-6-1.1.".
Page 87, delete lines 34 through 39, begin a new paragraph and
insert:
SOURCE: IC 33-33-49-14.1; (05)MO063803.111. -->
"SECTION 111. IC 33-33-49-14.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]: Sec. 14.1. The small claims
division of the court is composed of township divisions established
in each township that is consolidated into a township district under
IC 36-6-1.1. The name of each township division shall be the
"______ Township of Marion County Small Claims Division".".
SOURCE: Page 96, line 26; (05)MO063803.96. -->
Page 96, delete lines 26 through 42.
Page 97, delete lines 1 through 8.
Page 98, delete lines 33 through 42, begin a new paragraph and
insert:
SOURCE: IC 33-37-5-22; (05)MO063803.135. -->
"SECTION 135. IC 33-37-5-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 22. (a) Except as
provided in subsection (e), this section applies to an action if all the
following apply:
(1) The defendant is found, in a court that has a local court rule
imposing a late payment fee under this section, to have:
(A) committed a crime;
(B) violated a statute defining an infraction;
(C) violated an ordinance of a municipal corporation; or
(D) committed a delinquent act.
(2) The defendant is required to pay:
(A) court costs, including fees;
(B) a fine; or
(C) a civil penalty.
(3) The defendant is not determined by the court imposing the
court costs, fine, or civil penalty to be indigent.
(4) The defendant fails to pay to the clerk the costs, fine, or civil
penalty in full before the later of the following:
(A) The end of the business day on which the court enters the
conviction or judgment.
(B) The end of the period specified in a payment schedule set
for the payment of court costs, fines, and civil penalties under
rules adopted for the operation of the court.
(b) A court may adopt a local rule to impose a late payment fee
under this section on defendants described in subsection (a).
(c) Subject to subsection (d), the clerk of a court that adopts a local
rule imposing a late payment fee under this section shall collect a late
payment fee of twenty-five dollars ($25) from a defendant described in
subsection (a).
(d) Notwithstanding IC 33-37-2-2, a court may suspend a late
payment fee if the court finds that the defendant has demonstrated good
cause for failure to make a timely payment of court costs, a fine, or a
civil penalty.
(e) A plaintiff or defendant in an a small claims action under
IC 33-34 or IC 33-33-49 shall pay a late fee of twenty-five dollars
($25) if the plaintiff or defendant:
(1) is required to pay court fees or costs under IC 33-34-8-1 or
IC 33-37-4-6.5;
(2) is not determined by the court imposing the court costs to be
indigent; and
(3) fails to pay the costs in full before the later of the following:
(A) The end of the business day on which the court enters the
judgment.
(B) The end of the period specified in a payment schedule set
for the payment of court costs under rules adopted for the
operation of the court.
A court may suspend a late payment fee if the court finds that the
plaintiff or defendant has demonstrated good cause for failure to make
timely payment of the fee.
SOURCE: IC 33-37-7-4.5; (05)MO063803.136. -->
SECTION 136. IC 33-37-7-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]: Sec. 4.5. The clerk of a circuit
court in a county having a consolidated city shall forward to the
controller of the consolidated city one hundred percent (100%) of
the fees collected under the following that are collected in a
township that is consolidated into a township district under
IC 36-6-1.1:
(1) IC 33-37-4-6.5(a)(1) (township docket fees).
(2) IC 33-37-4-6.5(a)(2) (bailiff's service of process fees).
(3) IC 33-37-4-6.5(a)(3) (service of process costs).
(4) IC 33-37-4-6.5(a)(4) (witness fees).
(5) IC 33-37-4-6.5(a)(5) (redocketing fees).
The clerk shall forward the fees in accordance with section 12 of
this chapter.".
SOURCE: Page 99, line 1; (05)MO063803.99. -->
Page 99, delete lines 1 through 39.
Page 102, delete lines 21 through 42, begin a new paragraph and
insert:
SOURCE: IC 33-38-12-3; (05)MO063803.141. -->
"SECTION 141. IC 33-38-12-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 3. As used in this
chapter, "judge" means an individual who holds or formerly held one
(1) of the following offices or appointments:
(1) Justice of the supreme court.
(2) Judge of the court of appeals.
(3) Judge of the tax court.
(4) Judge of a circuit court.
(5) Judge of a superior court.
(6) Judge of a probate court.
(7) Judge of a municipal court.
(8) Judge of a county court.
(9) Judge of a city court.
(10) Judge of a town court.
(11) Judge of a small claims court and a small claims judge.
(12) A judge pro tempore, senior judge, temporary judge, or any
other individual serving as judge in an action or a proceeding in
an Indiana court.
(13) Bail commissioner.
(14) Magistrate.
(15) Master commissioner.
(16) Probate commissioner.
(17) Referee.".
Page 103, delete line 1.
SOURCE: Page 103, line 1.
Page; (05)MO063803.103. -->
Page 103, delete lines 7 through 14, begin a new paragraph and
insert:
SOURCE: IC 33-41-1-7; (05)MO063803.143. -->
"SECTION 143. IC 33-41-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 7. (a) This section
applies to the small claims court established under IC 33-34 and to
a division established under IC 33-34. IC 33-33-49-14(c)(5).
(b) The person who is designated by a small claims judge of the
court to prepare transcripts may collect a fee of not more than five
dollars ($5) for each transcript from a person who requests the
preparation of a transcript.".
SOURCE: Page 105, line 32; (05)MO063803.105. -->
Page 105, delete lines 32 through 42, begin a new paragraph and
insert:
SOURCE: IC 36-1-2-22; (05)MO063803.150. -->
"SECTION 150. IC 36-1-2-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 22. (a)
"Township", refers to except as provided in subsection (b), means:
(1) a civil township, unless the reference is to a congressional
township or school township; and
(2) after December 31, 2006, and except as provided in
IC 36-6-1.1, IC 36-6-4.1, and IC 36-6-6.1, a township district
in a county having a consolidated city, unless the reference is
to a congressional township or school township or the context
requires otherwise.
(b) "Township" means only a civil township for purposes of the
following:
(1) IC 36-7-4.
(2) IC 36-9-27.".
SOURCE: Page 106, line 1; (05)MO063803.106. -->
Page 106, delete lines 1 through 3.
Page 108, delete lines 7 through 42, begin a new paragraph and
insert:
SOURCE: IC 36-2-15-5; (05)MO063803.153. -->
"SECTION 153. IC 36-2-15-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 5. (a) The county
assessor shall perform the functions assigned by statute to the county
assessor, including the following:
(1) Countywide equalization.
(2) Selection and maintenance of a countywide computer system.
(3) Certification of gross assessments to the county auditor.
(4) Discovery of omitted property.
(b) The county assessor shall perform the functions of an assessing
official under IC 36-6-5-2 in a township with a township
assessor-trustee if the township assessor-trustee:
(1) fails to make a report that is required by law;
(2) fails to deliver a property tax record to the appropriate officer
or board;
(3) fails to deliver an assessment to the county assessor; or
(4) fails to perform any other assessing duty as required by statute
or rule of the department of local government finance;
within the time period prescribed by statute or rule of the department
or within a later time that is necessitated by reason of another official
failing to perform the official's functions in a timely manner.
(c) A township with a township trustee-assessor may, with the
consent of the township board, enter into an agreement with:
(1) the county assessor; or
(2) another township assessor in the county;
to perform any of the functions of an assessing official. A township
trustee-assessor may not contract for the performance of any function
for a period of time that extends beyond the completion of the township
trustee-assessor's term of office.
(d) In a county having a consolidated city:
(1) the county assessor shall perform the functions of an
assessing official and other duties of an assessing official
prescribed by statute in each township in the county that is
consolidated into a township district under IC 36-6-1.1,
including assessment duties prescribed by IC.6-1.1; and
(2) the controller of the consolidated city or the controller's
designee shall administer the dog tax and township dog fund
as prescribed by IC.15-5-9 in each township that is
consolidated into a township district under IC 36-6-1.1.
SOURCE: IC.36-3-1-6.1; (05)MO063803.154. -->
SECTION 154. IC.36-3-1-6.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]:
Sec..6.1. (a) Except as provided
in section 6.3 of this chapter, after December 31, 2005, the fire
departments of the following are consolidated into the fire
department of a consolidated city (referred to as "the consolidated
fire department" in this chapter):
(1) A township located in a county having a consolidated city
that is consolidated into a township district under IC 36-6-1.1.
(2) A fire protection territory established under IC 36-8-19
that is located in a county having a consolidated city that is
consolidated into a township district under IC 36-6-1.1.
(3) The territory in which an airport authority established for
a consolidated city under IC 8-22-3 may provide fire
protection services.
(b) Except as provided by section 6.3 of this chapter, after
December 31, 2005, the consolidated fire department shall provide
fire protection services for the parts of the county that are
consolidated into a township district under IC 36-6-1.1.
(c) All the property, equipment, records, rights, and contracts
of the departments and territories listed in subsection (a) are:
(1) transferred to; or
(2) assumed by;
the consolidated city.
(d) The employees of the departments and territories listed in
subsection (a) cease employment with those departments and
territories and become employees of the consolidated fire
department after December 31, 2005. These employees are not
hired or rehired for purposes of IC 36-8-3.2 or IC 36-8-10.5 upon
becoming employees of the consolidated fire department. The
consolidated city shall assume all agreements with labor
organizations that:
(1) are in effect after December 31, 2005; and
(2) apply to employees of the departments and territories
listed in subsection (a) who become employees of the
consolidated fire department.
(e) Except as provided in subsection (g), the consolidated city
shall assume, defease, pay, or refund all indebtedness related to fire
protection services incurred before January 1, 2006, by:
(1) a township;
(2) an airport authority;
(3) a fire protection territory; or
(4) a building, holding, or leasing corporation on behalf of a
township, an airport authority, or a fire protection territory;
whose fire department is consolidated into the consolidated fire
department under subsection (a).
(f) Notwithstanding any other law, to assume, defease, pay, or
refund all or a part of the indebtedness described in subsection (e)
the consolidated city is not required to comply with any other
statutory procedures or approvals that apply when a unit incurs
indebtedness.
(g) Notwithstanding subsections (e) and (f), the consolidated city
may not assume all or a part of the indebtedness described in
subsection (e) that will exceed the limitations on the amount of
indebtedness that the consolidated city may incur.
(h) The rights of the trustee and the bondholders with respect to
any:
(1) indebtedness or bonds; or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking
described in subsection (e);
remain the same, although the powers, duties, and liabilities of the
departments listed in subsection (a) have been transferred to the
consolidated city, and the consolidated city shall be considered to
have assumed all those powers, duties, agreements, and liabilities.
(i) To provide for the payment of the expenses for the operation
of the consolidated fire department, the consolidated city may levy
property taxes on taxable property located within the area served
by the consolidated fire department. Notwithstanding any other
provision, the consolidated city's 1937 firefighters' pension fund
obligations under IC.36-8-7-14 for firefighters or retired
firefighters who were employed by the consolidated city before July
1, 2005, may not be paid with property tax revenue collected
outside the fire special service district.
(j) 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:
(1) within; or
(2) that directly benefit;
the territory of the fire special service district. These amounts are
in addition to the amounts levied by the fire special service district
to fund pension obligations under IC 36-8-7-14.
(k) The local boards for the 1937 firefighters' pension fund and
the 1977 police officers' and firefighters' pension and disability
fund for fire departments in townships that are consolidated into
a township district established under IC 36-6-1.1 are dissolved, and
their services are terminated not later than the effective date of the
consolidation. The duties performed by the township's local boards
under IC 36-8-7 and IC 36-8-8, respectively, are assumed by the
public safety pension commission established under IC 36-8-7.6.
(l) After December 31, 2005, the merit board and the merit
system of each fire department listed in subdivision (a) are
dissolved, and the duties of the merit boards are transferred to and
assumed by the merit board for the consolidated fire department.
SOURCE: IC.36-3-1-6.2; (05)MO063803.155. -->
SECTION 155. IC.36-3-1-6.2 IS ADDED TO INDIANA CODE AS
A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2006]: Sec..6.2. After December 31, 2005, the
consolidated city, through the consolidated fire department, shall
establish, operate, and maintain emergency ambulance services (as
defined in IC.16-18-2-107) in the county except in a township that
is not consolidated into a township district established under
IC 36-6-1.1).".
Delete pages 109 through 110.
SOURCE: Page 111, line 1; (05)MO063803.111. -->
Page 111, delete lines 1 through 8.
Page 115, delete lines 8 through 42, begin a new paragraph and
insert:
SOURCE: IC 36-3-2-10; (05)MO063803.158. -->
"SECTION 158. IC 36-3-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 10. (a) The
general assembly finds the following:
(1) That the tax base of the consolidated city and the county have
been significantly eroded through the ownership of tangible
property by separate municipal corporations and other public
entities that operate as private enterprises yet are exempt or whose
property is exempt from property taxation.
(2) That to restore this tax base and provide a proper allocation of
the cost of providing governmental services the legislative body
of the consolidated city and county should be authorized to collect
payments in lieu of taxes from these public entities.
(3) That the appropriate maximum payments in lieu of taxes
would be the amount of the property taxes that would be paid if
the tangible property were not subject to an exemption.
(b) As used in this section, the following terms have the meanings
set forth in IC 6-1.1-1:
(1) Assessed value.
(2) Exemption.
(3) Owner.
(4) Person.
(5) Personal property.
(6) Property taxation.
(7) Tangible property.
(8) Township assessor (in a township that is not consolidated
into a township district under IC 36-6-1.1).
(c) As used in this section, "PILOTS" means payments in lieu of
taxes.
(d) As used in this section, "public entity" means any of the
following government entities in the county:
(1) An airport authority operating under IC 8-22-3.
(2) A capital improvement board of managers under IC 36-10-9.
(3) A building authority operating under IC 36-9-13.
(4) A wastewater treatment facility.
(e) The legislative body of the consolidated city may adopt an
ordinance to require a public entity to pay PILOTS at times set forth in
the ordinance with respect to:
(1) tangible property of which the public entity is the owner or the
lessee and that is subject to an exemption;
(2) tangible property of which the owner is a person other than a
public entity and that is subject to an exemption under IC 8-22-3;
or
(3) both.
The ordinance remains in full force and effect until repealed or
modified by the legislative body.
(f) The PILOTS must be calculated so that the PILOTS may be in
any amount that does not exceed the amount of property taxes that
would have been levied by the legislative body for the consolidated city
and county upon the tangible property described in subsection (e) if the
property were not subject to an exemption from property taxation.
(g) PILOTS shall be are imposed as are property taxes and shall be
are based on the assessed value of the tangible property described in
subsection (e). The township assessors (in a township that is not
consolidated into a township district under IC 36-6-1.1) and the
county assessor (in a township that is consolidated into a township
district under IC 36-6-1.1), shall assess the tangible property
described in subsection (e) as though the property were not subject to
an exemption. The public entity shall report the value of personal
property in a manner consistent with IC 6-1.1-3.
(h) Notwithstanding any law to the contrary, a public entity is
authorized to pay PILOTS imposed under this section from any legally
available source of revenues. The public entity may consider these
payments to be operating expenses for all purposes.
(i) PILOTS shall be are deposited in the consolidated county fund
and used for any purpose for which the consolidated county fund may
be used.
(j) PILOTS shall be are due as set forth in the ordinance and bear
interest, if unpaid, as in the case of other taxes on property. PILOTS
shall be are treated in the same manner as taxes for purposes of all
procedural and substantive provisions of law.
(k) PILOTS imposed on a wastewater treatment facility may be paid
only from the cash earnings of the facility remaining after provisions
have been made to pay for current obligations, including:
(1) operating and maintenance expenses;
(2) payment of principal and interest on any bonded indebtedness;
(3) depreciation or replacement fund expenses;
(4) bond and interest sinking fund expenses; and
(5) any other priority fund requirements required by law or by any
bond ordinance, resolution, indenture, contract, or similar
instrument binding on the facility.
SOURCE: IC 36-3-2-11; (05)MO063803.159. -->
SECTION 159. IC 36-3-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 11. (a) As used
in this section, the following terms have the meanings set forth in
IC 6-1.1-1:
(1) Assessed value.
(2) Exemption.
(3) Owner.
(4) Person.
(5) Property taxation.
(6) Real property.
(7) Township assessor
(in a township that is not consolidated
into a township district under IC 36-6-1.1).
(b) As used in this section, "PILOTS" means payments in lieu of
taxes.
(c) As used in this section, "property owner" means the owner of
real property described in IC 6-1.1-10-16.7 that is located in a county
with a consolidated city.
(d) Subject to the approval of a property owner, the legislative body
of the consolidated city may adopt an ordinance to require the property
owner to pay PILOTS at times set forth in the ordinance with respect
to real property that is subject to an exemption under IC 6-1.1-10-16.7.
The ordinance remains in full force and effect until repealed or
modified by the legislative body, subject to the approval of the property
owner.
(e) The PILOTS must be calculated so that the PILOTS are in an
amount that is:
(1) agreed upon by the property owner and the legislative body of
the consolidated city;
(2) a percentage of the property taxes that would have been levied
by the legislative body for the consolidated city and the county
upon the real property described in subsection (d) if the property
were not subject to an exemption from property taxation; and
(3) not more than the amount of property taxes that would have
been levied by the legislative body for the consolidated city and
county upon the real property described in subsection (d) if the
property were not subject to an exemption from property taxation.
(f) PILOTS
shall be are imposed as are property taxes and
shall be
are based on the assessed value of the real property described in
subsection (d). The township assessors
(in a township that is not
consolidated into a township district established under IC 36-6-1.1)
and the county assessor (in a township that is consolidated into a
township district established under IC 36-6-1.1), shall assess the real
property described in subsection (d) as though the property were not
subject to an exemption.
(g) PILOTS collected under this section shall be are deposited in the
housing trust fund established under IC 36-7-15.1-35.5 and used for
any purpose for which the housing trust fund may be used.
(h) PILOTS shall be are due as set forth in the ordinance and bear
interest, if unpaid, as in the case of other taxes on property. PILOTS
shall be are treated in the same manner as taxes for purposes of all
procedural and substantive provisions of law.".
Delete pages 116 through 117.
SOURCE: Page 118, line 1; (05)MO063803.118. -->
Page 118, delete lines 1 through 4.
Page 119, delete lines 28 through 42, begin a new paragraph and
insert:
SOURCE: IC 36-3-6-4; (05)MO063803.162. -->
"SECTION 162. IC 36-3-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 4. (a) Before the
Wednesday after the first Monday in July each year, the consolidated
city and county shall prepare budget estimates for the ensuing budget
year under this section.
(b) The following officers shall prepare for their respective
departments, offices, agencies, or courts an estimate of the amount of
money required for the ensuing budget year, stating in detail each
category and item of expenditure they anticipate:
(1) The director of each department of the consolidated city.
(2) Each township assessor (in a township that is not
consolidated into a township district under IC 36-6-1.1),
elected county officer, or head of a county agency.
(3) The county clerk, for each court of which he is the clerk
serves.
(c) In addition to the estimates required by subsection (b), the county
clerk shall prepare an estimate of the amount of money that is, under
law, taxable against the county for the expenses of cases tried in other
counties on changes of venue.
(d) Each officer listed in subsection (b)(2) or (b)(3) shall append a
certificate to each estimate he the officer prepares stating that in his the
officer's opinion the amount fixed in each item will be required for the
purpose indicated. The certificate must be verified by the oath of the
officer.
(e) An estimate for a court or division of a court is subject to
modification and approval by the judge of the court or division.
(f) All of the estimates prepared by city officers shall be submitted
to the city fiscal officer controller, and all of the estimates prepared by
county officers shall be submitted to the county fiscal officer.
(g) The city fiscal officer controller shall also prepare an itemized
estimate of city expenditures for other purposes above the money
proposed to be used by the city departments.
SOURCE: IC.36-3-6-4.1; (05)MO063803.163. -->
SECTION 163. IC.36-3-6-4.1 IS ADDED TO INDIANA CODE AS
A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2006]: Sec..4.1. (a) Notwithstanding IC.36-8-7, the
city-county legislative body shall adopt an ordinance under section
7 of this chapter to levy a tax only within the fire special service
district in the amount and at the rate necessary to produce
sufficient revenue to pay the amounts required to satisfy the
consolidated city's 1937 firefighters' pension fund obligations under
IC.36-8-7-14.
(b) Notwithstanding any other provision, the consolidated city's
1937 firefighters' pension fund obligations under IC.36-8-7-14 for
firefighters or retired firefighters who were employed by the
consolidated city before July 1, 2005, may not be paid with
property tax revenue collected outside the fire special service
district.
SOURCE: IC 36-3-7-6; (05)MO063803.164. -->
SECTION 164. IC 36-3-7-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2006]: Sec. 6. (a) Notwithstanding any other law, the
consolidated city may issue obligations to refund obligations issued
before January 1, 2006, in the name of:
(1) a township;
(2) an airport authority;
(3) a fire protection territory; or
(4) a building, holding, or leasing corporation on behalf of a
township, an airport authority, or a fire protection territory;
that is consolidated into the consolidated fire department to satisfy
the requirements of IC 36-3-1-6.1(e), IC 36-3-1-6.1(f), and
IC 36-3-1-6.1(g).
(b) Notwithstanding any other law, the consolidated city may
issue obligations to refund obligations issued before the effective
date of a consolidation described in IC 36-3-1-6.3(b) by:
(1) an excluded city; or
(2) a building, holding, or leasing corporation on behalf of an
excluded city;
that is consolidated into the consolidated fire department to satisfy
the requirements of IC 36-3-1-6.3(f), IC 36-3-1-6.3(g), and
IC 36-3-1-6.3(h).
SOURCE: IC 36-6-1.1; (05)MO063803.165. -->
SECTION 165. IC 36-6-1.1 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Chapter.1.1. Marion County Township Transitional Provisions
Sec..1. This chapter applies only to townships in a county having
a consolidated city.
Sec. 2. (a) A local public question concerning the consolidation
of township functions shall placed on the ballot in accordance with
IC 3-10-9 in each township be in the county containing a
consolidated city. The county election board shall place the local
public question on the ballot at a special election not later than
November 15, 2005.
(b) If a majority of the voters in a township voting on the public
question vote in favor of the consolidation:
(1) except as otherwise provided, the township becomes part
of a single township district that consists of all townships in
which the voters vote in favor of the consolidation; and
(2) governmental functions of the township are consolidated
with the county and the consolidated city as provided by law.
(c) If a majority of the voters in a township voting on the public
question do not vote in favor of the consolidation:
(1) the township does not become part of the single township
district; and
(2) the governmental functions of the township are not
consolidated with the county and the consolidated city.
Sec..3. (a) Before January.1, 2006:
(1) township trustees continue to be governed by IC 36-6-4;
and
(2) township boards continue to be governed by IC.36-6-6.
(b) Except as provided in subsection (c), after December.31,
2005, a township that is consolidated with the consolidated city
under this chapter is governed by IC 36-6-4.1 and IC.36-6-6.1.
(c) Before January 1, 2007, township trustees and township
boards in townships that are consolidated with the consolidated city
under this chapter continue to represent their respective townships
rather than the township district.
(d) Beginning with the general election held in 2006:
(1) a new township trustee for the township district shall be
elected under IC 36-6-4.1; and
(2) a new township board for the township district shall be
elected under IC.36-6-6.1.
(e) On January 1, 2007:
(1) the township boards existing in a township that is
consolidated with the consolidated city under this chapter at
the time the new township board is elected under IC 36-6-6.1
is dissolved; and
(2) the township board elected under IC 36-6-6.1 replace the
township boards that are dissolved under subdivision (1).
Sec..4. (a) A transitional advisory board shall be formed not
later than August.1, 2005, to prepare a report and
recommendations to the township trustees and township boards
regarding the reorganization of townships, including the following:
(1) The transfer of residual township functions from
townships that are consolidated with the consolidated city
under this chapter to appropriate departments or officers of
the consolidated city or to the county.
(2) The provision of township assistance under IC.12-20 and
IC.12-30-4.
(3) The transfer of township assessment functions from the
township assessors to the county assessor.
(4) The location of township divisions of the small claims
division of the superior court of the county.
(b) The transitional advisory board consists of the following
twenty-one (21) members:
(1) The nine (9) township trustees in the county holding office
on the date the transitional advisory board is formed.
(2) Four (4) individuals appointed by the city executive. One
(1) individual appointed under this subdivision must be an
assessing professional.
(3) Four (4) individuals appointed by the city-county
legislative body.
(4) Four (4) individuals appointed by the board of
commissioners of the county.
(c) Members of the transitional advisory board appointed under
subsection (b)(2), (b)(3), and (b)(4) are not entitled to receive any
salary for their service. Members of the board designated under
subsection (b)(1) are not entitled to any additional salary for their
service on the board but are entitled to their regular salaries as
township trustees under IC.36-6-8 until the end of their current
terms. The board may use the staff and budget of the existing
trustees to carry out the board's work. Two (2) co-chairpersons,
each of a different political party, shall be elected by the members
of the board.
(d) The transitional advisory board expires on June 30, 2006.
Sec..5. All assets, property rights, equipment, records,
personnel, and contracts and all else connected with the provision
of township assistance under IC.12-20 and IC.12-30-4 by a
township that is consolidated with the consolidated city under this
chapter shall be transferred to the applicable township district on
January 1, 2007. All other assets, property rights, equipment,
records, personnel (except as otherwise provided by statute), and
contracts and all else connected with the township shall be
transferred to the consolidated city on January.1, 2006. Any
indebtedness not connected with the provision of township
assistance that was incurred by a township that is consolidated with
the consolidated city under this chapter before the effective date of
consolidation under this section shall be assumed or defeased by
the consolidated city, notwithstanding any other provision of law
requiring completion of certain procedures and approvals for the
incurrence of indebtedness; however, the indebtedness (or any part
of the indebtedness) may not be assumed by the consolidated city
if the assumption would cause the consolidated city to exceed any
limitation on the amount of indebtedness that may be incurred by
the consolidated city.
Sec. 6. Beginning January 1, 2006, notwithstanding any other
law to the contrary, for a township located in a county having a
consolidated city that is consolidated with the consolidated city
under this chapter, the township's distributive share of any state or
local taxes or revenues (other than property taxes) shall be reduced
to zero and shall be transferred to the consolidated city.".
Delete pages 120 through 122.
SOURCE: Page 123, line 1; (05)MO063803.123. -->
Page 123, delete lines 1 through 4.
Page 130, delete lines 26 through 42, begin a new paragraph and
insert:
SOURCE: IC 36-6-4-1; (05)MO063803.168. -->
"SECTION 168. IC 36-6-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Except as
provided in subsection (b), this chapter applies to all townships.
(b) This chapter does not apply to a township in a township
district established under IC 36-6-1.1 in a county having a
consolidated city after December 31, 2005.
SOURCE: IC 36-6-4.1; (05)MO063803.169. -->
SECTION 169. IC 36-6-4.1 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Chapter.4.1. Township Executives in Marion County
Sec..1. Subject to IC 36-6-1.1, this chapter applies only to a
county having a consolidated city.
Sec..2. As used in this chapter "executive" refers to the township
trustee of a township district elected under section.5 of this chapter.
Sec..3. As used in this chapter, "township district" means a
township district established under IC 36-6-1.1.
Sec..4. As used in this chapter, "township district legislative
body" refers to a township board created under IC.36-6-6.1.
Sec..5. (a) Beginning with the general election to be held in 2006,
a township trustee shall be elected under IC.3-10-2-13 by the voters
of the township district. The township trustee elected for the
township district is the executive for each township in the township
district.
(b) The executive must reside within the township district as
provided in Article.6, Section.6 of the Constitution of the State of
Indiana. The executive forfeits office if the executive ceases to be a
resident of the township district.
(c) The term of office of the executive is four (4) years, beginning
January.1 after the executive's election and continuing until a
successor is elected and qualified.
Sec. 6. The executive shall do the following:
(1) Keep a written record of official proceedings.
(2) Manage all property interests in the township district.
(3) Keep records of the township district open for public
inspection.
(4) Attend all meetings of the township district legislative
body.
(5) Receive and pay out funds of the township district.
(6) Examine and settle all accounts and demands chargeable
against the township district.
(7) Provide the assistance required under IC.12-20 and
IC.12-30-4.
(8) File an annual personnel report under IC.5-11-13.
Sec..7. The executive may do the following:
(1) Administer oaths when necessary in the discharge of
official duties.
(2) Appoint an attorney to represent the township district in
any proceeding in which the township district is interested.
(3) Enter into certain oil and gas leases of township district
property under IC.36-9.
(4) Personally use a township district vehicle for the
performance of official duties, but only if the use is authorized
by the township district legislative body.
(5) Exercise other powers granted by statute.
Sec..8. The executive shall maintain:
(1) a general account showing the total of all township district
receipts and expenditures; and
(2) the financial and appropriation record of the township
district, which must include an itemized and accurate account
of the township district's financial affairs.
Sec..9. (a) For each sum of money received by the executive, the
financial and appropriation record must show:
(1) the date the sum of money was received;
(2) from whom the sum of money was received; and
(3) to what account the sum of money was credited.
(b) For each sum of money paid by the executive, the financial
and appropriation record must show:
(1) the date the sum of money was paid;
(2) to whom the sum of money was paid;
(3) from what account the sum of money was paid; and
(4) why the sum of money was paid.
(c) The state board of accounts shall prescribe the form of the
financial and appropriation record.
Sec..10. (a) Each purchase for the township district by the
executive must be made on written order of the executive,
certifying that sufficient funds have been appropriated to pay the
full price of the purchase. The executive shall issue a warrant and
pay for the purchase not later than time of receipt of the county
treasurer's first semiannual distribution following the purchase.
(b) An executive who violates this section commits a Class C
infraction and is liable on the executive's official bond for the value
of the purchase.
Sec..11. (a) The executive may use the township district's share
of state, county, and township district tax revenues and federal
revenue sharing funds for all categories of community service, if
these funds are appropriated for these services by the township
district legislative body. The executive may use these funds for both
operating and capital expenditures.
(b) With the consent of the township district legislative body, the
executive may contract with corporations for health and
community services not specifically provided by another
governmental entity.
Sec..12. On the first Monday of each August the executive shall
post, in a conspicuous place near the executive's office, a verified
statement showing the indebtedness of the township district in
detail and giving the number and total amount of outstanding
orders, warrants, and accounts.
Sec..13. (a) At the township district legislative body's annual
meeting under IC.36-6-6.1-12, the executive shall:
(1) present an itemized written statement of the estimated
expenditures for which appropriations are requested,
specifying the:
(A) number of teachers employed;
(B) salary of each teacher employed;
(C) property of the township district (and supplies on
hand);
(D) estimated value of the property of the township district
(and supplies on hand);
(E) supplies necessary for each school; and
(F) need for township assistance in the township district;
and
(2) submit to questions from the township district legislative
body or taxpayers concerning expenditures of the township
district.
(b) The written statement required under subsection (a)(1) must
comply with forms prescribed by the state board of accounts and
show the amount of each item to be charged against funds of the
township district.
Sec..14. (a) At the annual meeting of the township district
legislative body under IC.36-6-6.1, the executive shall present a
complete report of all receipts and expenditures of the preceding
calendar year, including the balance to the credit of each fund
controlled by the executive. If the executive controls any money
that is not included in a particular fund, the executive shall state all
the facts concerning that money in the report.
(b) Each item of expenditure in the report presented under
subsection (a) must be accompanied by the verified voucher of the
person to whom the sum was paid, stating:
(1) why the payment was made;
(2) that the receipt is for the exact sum received;
(3) that no part of the sum has been retained by the executive;
and
(4) that no part of the sum has been or is to be returned to the
executive or any other person.
The executive may administer oaths to persons giving these
receipts.
(c) The executive shall swear or affirm that:
(1) the report presented under subsection (a) shows all sums
received by the executive;
(2) the expenditures credited have been fully paid in the sums
stated, without express or implied agreement that any part of
the sums is to be retained by or returned to the executive or
any other person; and
(3) the executive has received no money or other property in
consideration of any contract entered into or expenditure
made on behalf of the township district.
(d) Within ten (10) days after the township district legislative
body's action under IC.36-6-6.1, the executive shall file a copy of
the report presented under subsection (a) and the report's
accompanying vouchers, as adopted by the township district
legislative body, in the office of the city controller of the
consolidated city. The township district legislative body may, for
the benefit of the township, bring a civil action against the
executive if the executive fails to file the report within ten (10) days
after the township district legislative body's action. The township
district legislative body may recover five dollars ($5) for each day
after the time limit for filing the report, until the report is filed.
Sec..15. (a) When the executive prepares the annual report
required by section.14 of this chapter, the executive shall also
prepare, on forms prescribed by the state board of accounts, an
abstract of receipts and expenditures:
(1) showing the sum of money in each fund of the township
district at the beginning of the year;
(2) showing the sum of money received in each fund of the
township district during the year;
(3) showing the sum of money paid from each fund of the
township district during the year;
(4) showing the sum of money remaining in each fund of the
township district at the end of the year;
(5) containing a statement of receipts, showing their source;
and
(6) containing a statement of expenditures showing the
combined gross payment, according to classification of
expense, to each person.
(b) Not later than four (4) weeks after the annual meeting of the
township district legislative body under IC.36-6-6.1, the executive
shall publish the abstract required by subsection (a) in accordance
with IC.5-3-1. The abstract must state that a complete and detailed
annual report and the accompanying vouchers showing the names
of persons paid money by the township district have been filed with
the city controller of the consolidated city, and that the chairperson
of the township district legislative body has a copy of the report
that is available for inspection by any taxpayer of the township
district.
(c) An executive who fails to comply with this section commits
a Class C infraction.
Sec. 16. When an executive's term of office expires, the executive
shall:
(1) immediately deliver to the new executive custody of all
funds and property of the township district, except records
necessary in the preparation of the former executive's annual
report under section 14 of this chapter;
(2) deliver to the new executive, not later than the second
Monday in the next January, the former executive's annual
report and any records the former executive has retained; and
(3) attend the annual meeting of the township district
legislative body held under IC.36-6-6.1 and submit to inquiries
from the township district legislative body concerning the
operation of the executive's office during the preceding
calendar year.
Sec..17. (a) If an executive resigns or dies, the executive's
personal representative shall immediately deliver to the new
executive custody of all funds and property of the township district.
The new executive shall then issue a call for a special meeting of the
township district legislative body, to be held not more than fifteen
(15) days later. At the special meeting the township district
legislative body shall:
(1) examine the records of the township district;
(2) inquire into the conduct of the executive's office; and
(3) approve in whole or in part the records, receipts, and
expenditures of the township district to the date of the death
or resignation of the former executive.
(b) In the new executive's annual report to the township district
legislative body required under section 14 of this chapter, the new
executive shall distinguish between the new executive's transactions
and those of the former executive. The township district legislative
body may, at its annual meeting under IC.36-6-6.1, review items in
the report that were considered at the special meeting.
Sec..18. An executive is entitled to receive the following:
(1) The executive's salary.
(2) Reimbursement for expenses that are reasonably incurred
by the executive for the following:
(A) The operation of the executive's office.
(B) Travel and meals while attending seminars or
conferences on township district matters.
(C) A sum for mileage as permitted under IC.36-6-8-3(b).
The executive may not make any other personal use of funds of the
township district without prior approval by the township district
legislative body.
Sec..19. (a) Not later than 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 district; or
(2) becomes incapacitated.
The executive shall give notice of the designation to the chairperson
of the township district legislative body, the county sheriff, the city
controller, 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 the
executive is no longer absent from the township district or
incapacitated.
Sec..20. The executive may pay township district funds for the
purpose of supporting a drug awareness program that is
implemented in schools.".
Delete pages 131 through 135.
SOURCE: Page 136, line 1; (05)MO063803.136. -->
Page 136, delete lines 1 through 29.
Page 137, delete lines 30 through 42, begin a new paragraph and
insert:
SOURCE: IC 36-6-5-3; (05)MO063803.172. -->
"SECTION 172. IC 36-6-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 3.
(a) Except as
provided in subsection (b), the assessor shall perform the duties
prescribed by statute, including:
(1) assessment duties prescribed by IC 6-1.1; and
(2) administration of the dog tax and dog fund, as prescribed by
IC 15-5-9.
(b) In a township district that is established under IC 36-6-1.1
in a county having a consolidated city:
(1) there is no township assessor;
(2) the duties of the township assessor prescribed by IC.6-1.1
are performed by the county assessor under IC.36-2-15-5; and
(3) the duties of the township assessor prescribed by IC.15-5-9
are performed by the controller of the consolidated city or the
controller's designee.
SOURCE: IC 36-6-6-1; (05)MO063803.173. -->
SECTION 173. IC 36-6-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Except as
provided in subsection (b), this chapter applies to all townships. a
township.
(b) This chapter does not apply to a township district that is
established under IC 36-6-1.1 in a county having a consolidated city
after December 31, 2005.".
SOURCE: Page 138, line 1; (05)MO063803.138. -->
Page 138, delete lines 1 through 7.
Page 138, delete lines 25 through 32, begin a new paragraph and
insert:
SOURCE: IC 36-6-6-2.2; (05)MO063803.175. -->
"SECTION 175. IC 36-6-6-2.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2.2. (a) This subsection
applies to townships in a county containing a consolidated city.
However, this subsection does not apply to a township consolidated
into a township district that is established under IC 36-6-1.1. The
voters of each legislative body district established under section 2.5 of
this chapter shall elect one (1) member of the township board.
(b) This subsection applies to townships not included in subsection
(a). This subsection does not apply to a township district that is
established under IC 36-6-1.1. The voters of each township shall elect
all the members of the township board.
SOURCE: IC 36-6-6-2.5; (05)MO063803.176. -->
SECTION 176. IC 36-6-6-2.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2.5. (a) This section
applies to townships in a county containing a consolidated city that are
not consolidated into a township district established under
IC 36-6-1.1.
(b) The legislative body shall adopt a resolution that divides the
township into legislative body districts that:
(1) are composed of contiguous territory;
(2) are reasonably compact;
(3) respect, as nearly as reasonably practicable, precinct boundary
lines; and
(4) contain, as nearly as reasonably practicable, equal population.
(c) Before a legislative body may adopt a resolution that divides a
township into legislative body districts, the secretary of the legislative
body shall mail a written notice to the circuit court clerk. This notice
must:
(1) state that the legislative body is considering the adoption of a
resolution to divide the township into legislative body districts;
and
(2) be mailed not later than ten (10) days before the legislative
body adopts the resolution.
(d) The legislative body shall make a division into legislative body
districts at the following times:
(1) In 2001.
(2) Every ten (10) years after 2002.
(3) Subject to IC 3-11-1.5-32.5, whenever the boundary of the
township changes.
(e) The legislative body may make the division under this section at
any time, subject to IC 3-11-1.5-32.5.".
SOURCE: Page 140, line 31; (05)MO063803.140. -->
Page 140, delete lines 31 through 42, begin a new paragraph and
insert:
SOURCE: IC 36-6-6.1; (05)MO063803.179. -->
"SECTION 179. IC 36-6-6.1 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]:
Chapter.6.1. Township Legislative Bodies in Marion County
Sec..1. Subject to IC 36-6-1.1, this chapter applies only in a
county having a consolidated city and only to a township district
established under IC 36-6-1.1.
Sec. 2. The definitions in IC 36-6-4.1 apply to this chapter.
Sec..3. (a) The township board shall serve as the township
district legislative body of the townships consolidated into a
township district established under IC 36-6-1.1.
(b) The township board for the township district consists of:
(1) seven (7) at-large members; and
(2) one (1) member elected from each township that is
consolidated into the township district.
(c) Beginning with the general election to be held in 2006, all
members of the township board of the township district established
under IC 36-6-1.1 shall be elected under IC.3-10-2-13 by the voters
of the township district.
(d) The term of office of a township board member is four (4)
years, beginning January.1 after election and continuing until a
successor is elected and qualified.
Sec..4. A member of the legislative body must reside within the
township district. If a member of the legislative body ceases to be
a resident of the township district from which the member was
elected, the office becomes vacant. A member elected under section
3(b)(1) must reside within the township from which the member is
elected. If a member of the legislative body ceases to be a resident
of the township from which the member was elected, the office
becomes vacant.
Sec..5. A majority of the legislative body for the township
district constitutes a quorum.
Sec..6. The legislative body may adjourn a meeting from day to
day until the business of the legislative body is completed.
Sec..7. A taxpayer of the township district may appear at any
meeting of the legislative body and be heard as to:
(1) an estimate of expenditures;
(2) a proposed levy of taxes;
(3) the approval of the executive's annual report; or
(4) any other matter being considered by the legislative body.
Sec..8. (a) The legislative body shall meet at the office of the
executive on the first Tuesday after the first Monday in January of
each year. At this meeting the legislative body shall elect one (1)
member as chairperson and one (1) member as secretary for that
year.
(b) If a newly elected legislative body holds a special meeting
before the first Tuesday after the first Monday in the January
following its election, the legislative body shall elect a chairperson
and a secretary before conducting any other business. The
chairperson and secretary elected at the special meeting retain
those positions until the first Tuesday after the first Monday in
January of the year following the special meeting.
Sec..9. The legislative body shall keep a permanent record of its
proceedings in a book furnished by the executive. The secretary of
the legislative body shall, under the direction of the legislative
body, record the minutes of the proceedings of each meeting in full
and shall provide copies of the minutes to each member of the
legislative body before the next meeting is convened. After the
minutes are approved by the legislative body, the secretary of the
legislative body shall place the minutes in the permanent record
book. The chairperson of the legislative body shall retain the record
in the chairperson's custody.
Sec..10. (a) The legislative body shall meet on or before the third
Tuesday after the first Monday in January of each year. At this
meeting the legislative body shall consider and approve, in whole
or in part, the annual report of the executive presented under
IC.36-6-4.1-15.
(b) The legislative body may send for persons, books, and papers
necessary in the examination of the annual report. A member may
administer oaths necessary in the examination of the annual report.
(c) Any sum in the control of the executive that remains
unexpended and is subject to no liability shall be credited in favor
of the fund for which it was appropriated.
(d) Any fund expended, in whole or in part, for a purpose for
which it was not appropriated shall be considered unexpended and
in the control of the executive, who is liable on his bond for such an
expenditure.
(e) When the legislative body completes its examination of the
annual report, the legislative body shall take action on the annual
report, specifying the parts of the annual report that are altered or
disallowed. The annual report remains under the control of the
legislative body and in custody of the chairperson of the legislative
body, who shall keep it open to inspection by taxpayers of the
township district.
Sec..11. (a) The 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 district.
(b) Subject to subsection (c), the 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.
(c) The legislative body may not alter the salaries of elected or
appointed officers during the fiscal year for which they are fixed,
but the legislative body may add or eliminate any other position
and change the salary of any other employee, if the necessary funds
and appropriations are available.
(d) 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 executive under this
section and take effect January.1 of the next year. However, the
legislative body may by ordinance provide for the change in the
sum per mile to take effect before January.1 of the next year.
(e) The legislative body may not reduce the salary of the
executive without the consent of the executive during the term of
office of the executive as set forth in IC.36-6-4.1-7.
(f) This subsection applies when an executive dies or resigns
from office. The person filling the vacancy of the executive shall
receive at least the same salary the previous executive received for
the remainder of the unexpired term of office of the executive (as
set forth in IC.36-6-4.1-7), unless the person consents to a reduction
in salary.
Sec..12. (a) The legislative body shall meet annually in
accordance with IC.6-1.1-17 to adopt the annual budget of the
district.
(b) The legislative body shall consider the estimates of
expenditures made by the executive under IC.36-6-4.1-15, and may
approve or reject all or part of any estimate or any item within an
estimate. The legislative body may require the executive to further
itemize an estimate not sufficiently itemized.
(c) The legislative body may not appropriate for any purpose an
amount more than the executive's estimate of the amount required
for that purpose.
(d) The legislative body shall include in the budget:
(1) provisions for the payment of existing debt of the township
district as it becomes due; and
(2) the salaries fixed under section 11 of this chapter.
(e) In making levies for the general fund of the township district,
the legislative body may include an amount not more than the
amount necessary to compensate its members for their services
during the year for which the levies are made.
(f) After the legislative body has taken action on the executive's
estimates, it shall levy taxes for the township district funds on
property in the township district and fix rates of taxation sufficient
to provide that revenue during the next year.
(g) On the assessment date, as defined by IC.6-1.1-1-2, the rates
of taxation adopted under this section become a levy and a lien on
all taxable property in the township district, including property in
municipalities in the township district. The levy constitutes an
appropriation for the specific items in the executive's estimates.
Sec..13. (a) The legislative body may appropriate money for
membership of the township district in county, state, or national
associations that:
(1) are of a civic, an educational, or a governmental nature;
and
(2) have as a purpose the improvement of township or
township district governmental operations.
The township district representatives may participate in the
activities of these associations, and the legislative body may
appropriate money to defray the expenses of township district
representatives in connection with these activities.
(b) Each representative of the township district attending any
meeting, conference, seminar, or convention approved by the
executive shall be allowed reimbursement for all necessary and
legitimate expenses incurred while representing the township
district. Expenses shall be paid to each representative in
accordance with the reimbursement policy of the township district,
which may include an established per diem rate, as recommended
by the executive and adopted by the legislative body.
Sec..14. (a) A special meeting may be held by the legislative body
if the executive, the chairperson of the legislative body, or a
majority of the members of the legislative body issue a written
notice of the meeting to each member of the legislative body. The
notice must state the time, place, and purpose of the meeting.
(b) At the special meeting, if a majority of the members give
their consent, the legislative body may determine whether there is
an emergency requiring the expenditure of money not included in
the budget estimates and levy of the township district. Subject to
section.15 of this chapter, if the legislative body finds that such an
emergency exists, it may issue a special order, entered and signed
on the record, authorizing the executive to borrow a specified
amount of money sufficient to meet the emergency. At the
legislative body's next annual session, the legislative body shall
cover the debt created by making a levy to the credit of the fund for
which the amount was borrowed under this subsection.
Sec..15. (a) If the legislative body issues a special order under
section.14 of this chapter authorizing the executive to borrow
money, not less than ten (10) taxpayers in the township district who
disagree with the special order may file a petition in the office of
the city controller of the consolidated city not more than thirty (30)
days after notice of the special order is given. The petition must
state the taxpayers' objections and the reasons why the taxpayers
believe the special order is unnecessary or unwise.
(b) The city controller of the consolidated city shall immediately
certify a copy of the petition, together with other data necessary to
present the questions involved, to the department of local
government finance. Upon receipt of the certified petition and
other data, the department of local government finance shall fix a
date, time, and place for the hearing of the matter. The hearing
must be held not less than five (5) and not more than thirty (30)
days after the receipt of the certified documents.
(c) The hearing must be held in the township district where the
petition arose.
(d) Notice of the hearing shall be given by the department of
local government finance to the township district and to the first
ten (10) taxpayer petitioners listed on the petition by letter. The
letter shall be sent to the first ten (10) taxpayer petitioners at each
taxpayer's usual place of residence at least five (5) days before the
date of the hearing.
(e) A:
(1) taxpayer who signed a petition filed under subsection (a);
or
(2) township district against which a petition under subsection
(a) is filed;
may petition for judicial review of the final determination of the
department of local government finance under subsection (a). The
petition must be filed in the tax court not more than forty-five (45)
days after the date of the department's final determination.
Sec..16. (a) If the legislative body finds that an emergency
requires the borrowing of money to meet the current expenses of
the township district, the legislative body may take out temporary
loans in an amount not more than fifty percent (50%) of the total
anticipated revenue for the remainder of the year in which the
loans are taken out.
(b) The legislative body must authorize the temporary loans by
a resolution:
(1) stating the nature of the consideration for the loans;
(2) stating the time the loans are payable;
(3) stating the place the loans are payable;
(4) stating a rate of interest;
(5) stating the anticipated revenues on which the loans are
based and out of which they are payable; and
(6) appropriating a sufficient amount of the anticipated
revenues on which the loans are based and out of which they
are payable for the payment of the loans.
(c) The loans must be evidenced by time warrants of the
township district stating:
(1) the nature of the consideration;
(2) the time payable;
(3) the place payable; and
(4) the anticipated revenues on which they are based and out
of which they are payable.
SOURCE: IC 36-6-8-1; (05)MO063803.180. -->
SECTION 180. IC 36-6-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 1. (a) Except as
provided in subsection (b), this chapter applies to all townships.
(b) Sections 5, 6, 9, 10, and 11 of this chapter do not apply to a
township that is consolidated into a township district that is
established under IC 36-6-1.1.
SOURCE: IC 36-6-8-10; (05)MO063803.181. -->
SECTION 181. IC 36-6-8-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 10. (a) The
county fiscal body shall, in the manner prescribed by IC 36-2-5 or
IC 36-2-6, fix and appropriate money to pay the per diem established
under section 5 of this chapter and the salaries and per diems of the
county's township assessors and any deputies or other employees that
assist the elected township assessor.
(b) Each township assessor shall file the budget estimate required by
IC 36-2-5-5 or, in the case of a township that is located in a county
containing a consolidated city and that is not consolidated into a
township district established under IC 36-6-1.1, IC 36-3-6-4. The
budget estimate filed under this subsection must include all estimated
expenses of the office, including costs incurred through litigation for
the office.
(c) If the township executive is performing the duties of assessor, the
county fiscal body shall appropriate money for the purposes of
subsection (a) and other expenses of acting as assessor, including all
costs incurred through litigation for the office. However, it may not
provide a salary that is below the amount fixed for that salary for the
year 1984.
SOURCE: IC 36-7-11.2-11; (05)MO063803.182. -->
SECTION 182. IC 36-7-11.2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 11. As used in
this chapter, "notice" means written notice:
(1) served personally upon the person, official, or office entitled
to the notice; or
(2) served upon the person, official, or office by placing the notice
in the United States mail, first class postage prepaid, properly
addressed to the person, official, or office. Notice is considered
served if mailed in the manner prescribed by this subdivision
properly addressed to the following:
(A) The governor, both to the address of the governor's official
residence and to the governor's executive office in
Indianapolis.
(B) The Indiana department of transportation, to the
commissioner.
(C) The department of natural resources, both to the director of
the department and to the director of the department's division
of historic preservation and archeology.
(D) The department of metropolitan development.
(E) An occupant, to:
(i) the person by name; or
(ii) if the name is unknown, to the "Occupant" at the address
of the Meridian Street or bordering property occupied by the
person.
(F) An owner, to the person by the name shown to be the name
of the owner, and at the person's address, as the address
appears in the records in the bound volumes of the most recent
real estate tax assessment records as the records appear in the
offices of the township assessors (in the case a township that
is not consolidated into a township district established
under IC 36-6-1.1) in Marion County or the county
assessor (in the case of a township that is consolidated into
a township district established under IC 36-6-1.1) in Marion
County.
(G) A neighborhood association or the society, to the
organization at the latest address as shown in the records of the
commission.
SOURCE: IC 36-7-11.2-58; (05)MO063803.183. -->
SECTION 183. IC 36-7-11.2-58 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 58. (a) A person
who has filed a petition under section 56 or 57 of this chapter shall, not
later than ten (10) days after the filing, serve notice upon all interested
parties. The notice must state the following:
(1) The full name and address of the following:
(A) The petitioner.
(B) Each attorney acting for and on behalf of the petitioner.
(2) The street address of the Meridian Street and bordering
property for which the petition was filed.
(3) The name of the owner of the property.
(4) The full name and address of, and the type of business, if any,
conducted by:
(A) each person who at the time of the filing is a party to; and
(B) each person who is a disclosed or an undisclosed principal
for whom the party was acting as agent in entering into;
a contract of sale, lease, option to purchase or lease, agreement to
build or develop, or other written agreement of any kind or nature
concerning the subject property or the present or future
ownership, use, occupancy, possession, or development of the
subject property.
(5) A description of the contract of sale, lease, option to purchase
or lease, agreement to build or develop, or other written agreement
sufficient to disclose the full nature of the interest of the party or
of the party's principal in the subject property or in the present or
future ownership, use, occupancy, possession, or development of
the subject property.
(6) A description of the proposed use for which the rezoning or
zoning variance is sought, sufficiently detailed to appraise the
notice recipient of the true character, nature, extent, and physical
properties of the proposed use.
(7) The date of the filing of the petition.
(8) The date, time, and place of the next regular meeting of the
commission if a petition is for approval of a zoning variance. If a
petition is filed with the development commission, the notice does
not have to specify the date of a hearing before the commission or
the development commission. However, the person filing the
petition shall give ten (10) days notice of the date, time, and place
of a hearing before the commission on the petition after the
referral of the petition to the commission by the development
commission.
(b) For purposes of giving notice to the interested parties who are
owners, the records in the bound volumes of the recent real estate tax
assessment records as the records appear in the offices of the township
assessors (in the case of a township that is not consolidated into a
township district established under IC 36-6-1.1) in Marion County
or the county assessor (in the case of a township that is consolidated
into a township district established under IC 36-6-1.1) as of the date
of filing are considered determinative of the persons who are owners.
SOURCE: IC 36-7-15.1-32; (05)MO063803.184. -->
SECTION 184. IC 36-7-15.1-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 32. (a) The
commission must establish a program for housing. The program, which
may include such elements as the commission considers appropriate,
must be adopted as part of a redevelopment plan or amendment to a
redevelopment plan, and must establish an allocation area for purposes
of sections 26 and 35 of this chapter for the accomplishment of the
program.
(b) The notice and hearing provisions of sections 10 and 10.5 of this
chapter apply to the resolution adopted under subsection (a). Judicial
review of the resolution may be made under section 11 of this chapter.
(c) Before formal submission of any housing program to the
commission, the department shall consult with persons interested in or
affected by the proposed program and provide the affected
neighborhood associations, residents, and township assessors
(in the
case a township that is not consolidated into a township district
established under IC 36-6-1.1) or the county assessor (in the case
of a township that is consolidated into a township district
established under IC 36-6-1.1) with an adequate opportunity to
participate in an advisory role in planning, implementing, and
evaluating the proposed program. The department may hold public
meetings in the affected neighborhood to obtain the views of
neighborhood associations and residents.
SOURCE: IC 36-8-1-7; (05)MO063803.185. -->
SECTION 185. IC 36-8-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1. 2006]: Sec. 7. (a) Except as
provided in subsection (b), "local board" means the board of trustees
of a 1925, 1937, or 1953 fund.
(b) After December 31, 2005, in a consolidated city, "local
board" means the public safety pension commission established by
IC 36-8-7.6-2 for the townships that are consolidated into a
township district established under IC 36-6-1.1.".
Delete pages 141 through 148.
SOURCE: Page 149, line 1; (05)MO063803.149. -->
Page 149, delete lines 1 through 12.
Page 156, delete lines 5 through 42, begin a new paragraph and
insert:
SOURCE: IC 36-8-7-4; (05)MO063803.195. -->
"SECTION 195. IC 36-8-7-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: 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
his 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 consolidated city or a
township that is consolidated into a township district established
under IC 36-6-1.1.
SOURCE: IC 36-8-7-5; (05)MO063803.196. -->
SECTION 196. IC 36-8-7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: 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
his 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.
He 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.
have been received by him. 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 consolidated city or a
township that is consolidated into a township district established
under IC 36-6-1.1.
SOURCE: IC 36-8-7-6; (05)MO063803.197. -->
SECTION 197. IC 36-8-7-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: 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 his the trustee's election, if
the retired list contains at least three (3) or more 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 consolidated city or a
township that is consolidated into a township district established
under IC 36-6-1.1.
SOURCE: IC 36-8-7-6.5; (05)MO063803.198. -->
SECTION 198. IC 36-8-7-6.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: 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 consolidated city or a
township that is consolidated into a township district established
under IC 36-6-1.1.
SOURCE: IC 36-8-7-7; (05)MO063803.199. -->
SECTION 199. IC 36-8-7-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: 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 consolidated city or a
township that is consolidated into a township district established
under IC 36-6-1.1.".
Delete pages 157 through 158.
SOURCE: Page 159, line 1; (05)MO063803.159. -->
Page 159, delete lines 1 through 14.
Page 165, delete lines 19 through 42, begin a new paragraph and
insert:
SOURCE: IC.36-8-7.6; (05)MO063803.205. -->
"SECTION 205. IC.36-8-7.6 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]:
Chapter.7.6. Public Safety Pension Commission in a
Consolidated City
Sec..1. This chapter applies after December 31, 2005, to a
consolidated city and to a township that is consolidated into a
township district established under IC 36-6-1.1.
Sec..2. (a) The public safety pension commission is established.
(b) After December 31, 2005, the boards of trustees of:
(1) the 1925 fund, for the police departments being
consolidated into the metropolitan law enforcement agency
under IC 36-8-10.1;
(2) the 1937 fund, for the fire departments being consolidated
into the fire department of the consolidated city under
IC 36-3-1-6.1 or IC 36-3-1-6.3; and
(3) the 1953 fund, for the police department being
consolidated into the metropolitan law enforcement agency
under IC 36-8-10.1;
are abolished, and except as otherwise provided by this chapter, the
powers and duties of those boards of trustees necessary to
administer and manage the 1925 fund, the 1937 fund, and the 1953
fund are transferred to and assumed by the public safety pension
commission.
Sec. 3. (a) The local board consists of fourteen (14) trustees, as
follows:
(1) The city executive, or the executive's designee.
(2) The city controller.
(3) The county auditor.
(4) The county treasurer.
(5) The chair of the administration and finance committee of
the city-county legislative body.
(6) The chair of the public safety and criminal justice
committee of the city-county legislative body.
(7) The chief of the consolidated fire department, or the chief's
designee.
(8) An active member of the metropolitan law enforcement
agency (established by IC.36-8-10.1-16), appointed by the
county sheriff and having an appointed rank of at least
assistant chief.
(9) An active member of the metropolitan law enforcement
agency (established by IC.36-8-10.1-16), elected by the active
members of the metropolitan law enforcement agency.
(10) An active member of the consolidated fire department
(established by IC 36-3-1-6.1), elected by the active members
of the consolidated fire department.
(11) A trustee who is a certified public accountant, appointed
by the city executive.
(12) A trustee who is employed in an occupation related to
pension finance or administration, appointed by the city
executive.
(13) A retired member from the consolidated city's police
department as the department existed before January.1, 2006,
elected by the retired members of the consolidated city's police
department who are members of the 1953 fund or the 1977
fund.
(14) A retired member of the consolidated fire department,
elected by the retired members of the consolidated fire
department who are members of the 1937 fund or 1977 fund.
(b) The trustee described in subsection (a)(9) must be elected at
a meeting of the active members of the metropolitan law
enforcement agency.
(c) The trustee described in subsection (a)(10) must be elected at
a meeting of the active members of the consolidated fire
department.
(d) The trustee described in subsection (a)(13) must be elected
at a meeting of the retired members of the police department of the
consolidated city who are members of the 1953 fund or the 1977
fund.
(e) The trustee described in subsection (a)(14) must be elected at
a meeting of the retired members of the consolidated fire
department who are members of the 1937 fund or the 1977 fund.
Sec. 4. Unless a bylaw adopted by the local board under section
10 of this chapter provides otherwise, the following governs the
terms of the trustees:
(1) A trustee listed in section 3(a)(1) through 3(a)(7) of this
chapter serves by virtue of the trustee's elected or appointed
office.
(2) Except for the initial trustees whose terms may be shorter,
a trustee serves a term of three (3) years, beginning on
January.1 following the trustee's appointment or election and
until the trustee's successor is appointed or elected, and
qualified.
(3) A vacancy shall be filled in the same manner as the
vacating trustee was selected for the remainder of the trustee's
term.
(4) A person who must be an active member of:
(A) the metropolitan law enforcement agency; or
(B) the consolidated fire department;
to serve as a trustee automatically vacates the office, if the
person, for any reason, is no longer an active member of the
agency or department.
(5) The terms of at least two (2) of the trustees listed in section
3(a)(8) through 3(a)(14) of this chapter must expire each year.
Sec. 5. The city executive shall designate one (1) of the trustees
appointed under section 3(a)(11) or 3(a)(12) of this chapter as the
president of the local board.
Sec. 6. (a) The city controller shall serve as the treasurer of the
local board.
(b) The treasurer shall perform the following duties:
(1) Have or arrange for custody of all property, money, and
securities deposited into the 1925 fund, the 1937 fund, and the
1953 fund, and separately account for the assets of each fund.
(2) Keep a true account of the proceedings of the local board.
(3) Keep a correct statement of the account of each member
with the member's fund.
(4) When leaving the treasurer's office, account to the local
board for all property, money and securities, including the
income received, in the 1925 fund, the 1937 fund, and the 1953
fund.
(5) Turn over to a successor:
(A) all property, money, and securities belonging; and
(B) all books and papers pertaining;
to the 1925 fund, the 1937 fund, and the 1953 fund, that are in
the treasurer's possession.
(6) Execute a bond, in the manner prescribed by IC.5-4-1,
covering:
(A) the faithful performance of the treasurer's duties; and
(B) the duty to fully account for all property, money, and
securities belonging to the 1925 fund, the 1937 fund, and
the 1953 fund that are in the treasurer's possession.
(7) Except as provided by this chapter, perform any other
duties of a fund treasurer or a fund secretary:
(A) required by IC 36-8-6, IC 36-8-7, or IC 36-8-7.5; or
(B) assigned by the local board.
(c) The treasurer shall provide complete and accurate reports to
the local board concerning the 1925 fund, the 1937 fund, and the
1953 fund in the manner and as often as the local board, by bylaw,
establishes.
(d) The books of the treasurer must be open at all times to
examination by the trustees of the local board.
Sec. 7. The local board shall submit a report each July to the
city-county legislative body. The report must cover the preceding
calendar year through December.31, and must contain a detailed
statement of the affairs of the 1925 fund, the 1937 fund, and the
1953 fund, including a separate accounting of the income,
disbursements, assets, and liabilities of each fund during the
preceding calendar year.
Sec. 8. (a) The local board shall appoint, as necessary, actuarial,
medical, clerical, legal, or other employees, and set or approve their
compensation.
(b) The treasurer has the discretion to appropriately attribute
to or apportion among the 1925 fund, the 1937 fund, and the 1953
fund for payment of the costs of the services described in subsection
(a).
Sec. 9. The trustees of the local board receive no compensation
for their services.
Sec. 10. The local board may adopt all bylaws that are necessary
for the management of the 1925 fund, the 1937 fund, and the 1953
fund, including bylaws covering the following administrative
matters:
(1) The conduct of local board meetings.
(2) The procedures for trustee appointments or elections.
(3) The collection of all money and other property due or
belonging to the 1925 fund, the 1937 fund, or the 1953 fund.
(4) The care, preservation, and disbursement of assets from
the 1925 fund, the 1937 fund, and the 1953 fund.
(5) The formation of one (1) or more subcommittees to review
retirement, disability, and survivor applications for benefits,
and other matters concerning benefits of retirees, survivors,
and beneficiaries.
(6) The terms of the trustees initially appointed or elected
under section 3(a)(8) through 3(a)(14) of this chapter.
(7) All other matters necessary for the management of the
1925 fund, the 1937 fund, or the 1953 fund.
Sec. 11. The local board may invest the 1925 fund, the 1937
fund, or the 1953 fund in any of the following:
(1) Interest bearing direct obligations of the United States or
of the state or bonds lawfully issued by an Indiana political
subdivision.
(2) Savings deposits or certificates of deposit of a chartered
national, state, or mutual bank whose deposits are insured by
a federal agency. However, deposits may not be made in
excess of the amount of insurance protection afforded a
member or investor of the bank.
(3) Shares of:
(A) a federal savings association organized under 12 U.S.C.
1461, as amended, having its principal office in Indiana; or
(B) a savings association organized and operating under
state law whose accounts are insured by a federal agency.
However, the local board may not purchase shares in excess
of the amount of insurance protection afforded a member or
an investor of the association.
(4) An investment authorized under IC 5-13-9.
Sec. 12. (a) The city controller may establish a pension
stabilization account for the consolidated city to fund the
consolidated city's obligations under the 1925 fund, the 1937 fund,
or the 1953 fund.
(b) The city executive and the city controller shall determine the
amount, if any, of the pension stabilization account that may be
used each fiscal year to meet the obligations described in subsection
(a).
(c) The city controller may, in the controller's sole discretion,
deposit all or any part of the consolidated city's pension
stabilization account with the board of trustees of the public
employees' retirement fund (the PERF board) to have the PERF
board administer and invest some or all of the consolidated city's
pension stabilization account assets in accordance with
IC 5-10.3-5-3 and IC 5-10.3-11-6.
(d) As required by IC 5-10.3-11-6, the consolidated city's deposit
described in subsection (c) is a separate and distinct account within
the public employees' retirement fund and the pension relief fund.
The assets in the consolidated city's account may be commingled
with other funds administered by the public employee's retirement
fund for investment purposes.
Sec. 13. The local board has no taxing authority.".
Delete pages 166 through 169.
SOURCE: Page 170, line 1; (05)MO063803.170. -->
Page 170, delete lines 1 through 13.
Page 210, delete lines 3 through 6, begin a new paragraph and insert:
SOURCE: IC 36-8-13-1; (05)MO063803.215. -->
"SECTION 215. IC 36-8-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 1. This chapter
applies to all townships, except townships that are located in a
county having a consolidated city and that are consolidated into a
township district established under IC 36-6-1.1.".
SOURCE: Page 210, line 11; (05)MO063803.210. -->
Page 210, delete lines 11 through 42, begin a new paragraph and
insert:
SOURCE: IC 36-8-19-1.5; (05)MO063803.217. -->
"SECTION 217. IC 36-8-19-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]: Sec. 1.5. (a) After December 31,
2005, in a county having a consolidated city, only:
(1) a consolidated city;
(2) an excluded city; or
(3) a township that is not consolidated into a township district
established under IC 36-6-1.1;
may establish fire protection territory under this chapter.
(b) A fire protection territory that is established before January
1, 2006, by a unit that is consolidated under IC 36-3-1-6.1 becomes
part of the geographic area in which the fire department of a
consolidated city provides fire protection services.
SOURCE: IC 36-9-11.1-11; (05)MO063803.218. -->
SECTION 218. IC 36-9-11.1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 11. (a) All
property of every kind, including air rights, acquired for off-street
parking purposes, and all its funds and receipts, are exempt from
taxation for all purposes. When any real property is acquired by the
consolidated city, the county auditor shall, upon certification of that fact
by the board, cancel all taxes then a lien. The certificate of the board
must specifically describe the real property, including air rights, and the
purpose for which acquired.
(b) A lessee of the city may not be assessed any tax upon any land,
air rights, or improvements leased from the city, but the separate
leasehold interest has the same status as leases on taxable real property,
notwithstanding any other law. Whenever the city sells any such
property to anyone for private use, the property becomes liable for all
taxes after that, as other property is so liable and is assessed, and the
board shall report all such sales to the township assessor or, in the case
of a township district established under IC 36-6-1.1, the county
assessor, who shall cause the property to be upon the proper tax
records.
SOURCE: IC 36-9-17.5-1; (05)MO063803.219. -->
SECTION 219. IC 36-9-17.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 1. (a) Except as
provided in subsection (b), this chapter applies to all townships.
(b) This chapter does not apply to a township district established
under IC 36-6-1.1 in a county having a consolidated city.
SOURCE: IC 36-10-7-1; (05)MO063803.220. -->
SECTION 220. IC 36-10-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Except as
provided in subsection (b), this chapter applies to the townships
indicated in each section.
(b) After December 31, 2005:
(1) this chapter does not apply to a township that is
consolidated into a township district established under
IC 36-6-1.1 in a county having a consolidated city; and
(2) all powers and duties related to parks and recreation of the
townships that are consolidated into a township district
established under IC 36-6-1.1 in a county having a
consolidated city are transferred to the consolidated city.
SOURCE: IC 36-10-7.5-1; (05)MO063803.221. -->
SECTION 221. IC 36-10-7.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Except as
provided in subsection (b), this chapter applies to all townships.
(b) After December 31, 2005:
(1) this chapter does not apply to a township that is
consolidated into a township district established under
IC 36-6-1.1 in a county having a consolidated city; and
(2) all powers and duties related to parks and recreation of the
townships that are consolidated into a township district
established under IC 36-6-1.1 in a county having a
consolidated city are transferred to the consolidated city.".
SOURCE: Page 211, line 1; (05)MO063803.211. -->
Page 211, delete lines 1 through 25.
Page 213, delete lines 25 through 42, begin a new paragraph and
insert:
SOURCE: ; (05)MO063803.225. -->
"SECTION 225. [EFFECTIVE JULY 1, 2005] For property taxes
first due and payable in 2007, the maximum permissible ad
valorem property tax levy under IC 6-1.1-18.5 of a county having
a consolidated city is increased by the amount levied in 2006 for
assessor and related services by each township in the county that
is consolidated into a township district established under
IC 36-6-1.1.
SOURCE: ; (05)MO063803.226. -->
SECTION 226. [EFFECTIVE JULY 1, 2005]
The township
district established under IC 36-6-1.1 shall refer the township
district's proposed budget, ad valorem property tax levy, and
property tax rate for 2007 to the local government tax control
board, which shall review and set the budget, levy, and rate as
though the township district is covered by IC.6-1.1-18.5-7. For
property taxes first due and payable in 2007, the maximum
permissible ad valorem property tax limits and any other limits on
ad valorem property taxes set forth in IC.6-1.1-18.5 of the township
district shall be based upon:
(1) the amount levied in 2006 for the township general funds
of townships that are consolidated into the township district;
and
(2) the amount levied in 2006 for township assistance,
including reasonable administrative costs, in the townships
that are consolidated into the township district.
SOURCE: ; (05)MO063803.227. -->
SECTION 227. [EFFECTIVE JULY 1, 2005] (a) Any case pending
in a township small claims court in a township that is consolidated
into a township district established under IC 36-6-1.1 after the close
of business on December 31, 2005, is transferred on January 1,
2006, to the corresponding township division of the small claims
division of the Marion superior court established by
IC 33-33-49-14(c)(5) and IC 33-33-49-14.1, both as added by this
act. A case transferred under this SECTION shall be treated as if
the case were filed in the corresponding township division of the
small claims division of the Marion superior court.
(b) On January 1, 2006, all property and obligations of a
township small claims court in a township that is consolidated into
a township district established under IC 36-6-1.1 become the
property and obligations of the corresponding township division of
the small claims division of the Marion superior court established
by IC 33-33-49-14(c)(5) and IC 33-33-49-14.1, both as added by this
act.
(c) This SECTION expires January 2, 2007.
SOURCE: ; (05)MO063803.228. -->
SECTION 228. [EFFECTIVE JULY 1, 2006]
(a) Notwithstanding
any other provision, the term of a judge in office in a township
small claims court established by IC 33-34 in a township that is
consolidated into a township district established under IC 36-6-1.1
does not terminate until the date that the term would have
terminated under the law in effect on December 31, 2005. The
election for the initial small claims judges to be elected to the
township divisions of the small claims division of the Marion
superior court under IC 33-33-49-13.1, as added by this act, is the
election to be held in the November immediately preceding the date
that the corresponding term of the judge in office in a township
small claims court established by IC 33-34 in a township that is
consolidated into a township district established under IC 36-6-1.1
would have terminated under the law in effect on December 31,
2005.
(b) Notwithstanding any other provision, the term of a constable
for a township small claims court established by IC 33-34 in a
township that is consolidated into a township district established
under IC 36-6-1.1 does not terminate until the date that the term
would have terminated under the law in effect on December 31,
2005. The election for the initial small claims constables to be
elected under IC 33-33-49-14.2, as added by this act, is the election
to be held in the November immediately preceding the date that the
corresponding term of the constable for a township small claims
court established by IC 33-34 in a township that is consolidated into
a township district established under IC 36-6-1.1 would have
terminated under the law in effect on December 31, 2005.
(c) This SECTION expires January 2, 2011.
SOURCE: ; (05)MO063803.229. -->
SECTION 229. [EFFECTIVE JULY 1, 2005] (a) For property
taxes first due and payable in 2007, the maximum permissible ad
valorem property tax levy under IC 6-1.1-18.5:
(1) is increased for a consolidated city by the amount levied in
2006 for fire protection and related services by each:
(A) township;
(B) airport authority;
(C) fire protection territory; or
(D) excluded city;
whose fire department is consolidated into the fire department
of a consolidated city under IC 36-3-1-6.1 or IC 36-3-1-6.3;
and
(2) is reduced for:
(A) a township;
(B) an airport authority;
(C) a fire protection territory; or
(D) an excluded city;
whose fire department is consolidated into the fire department
of a consolidated city under IC 36-3-1-6.1 or IC 36-3-1-6.3 by
the amount levied in 2006 for fire protection and related
services by each township, airport authority, fire protection
territory, or excluded city whose fire department is
consolidated into the fire department of a consolidated city
under IC 36-3-1-6.1 or IC 36-3-1-6.3.
(b) This SECTION expires January 1, 2007.
SOURCE: ; (05)MO063803.230. -->
SECTION 230. [EFFECTIVE JULY 1, 2005] The amount levied
in 2006 by each:
(1) township;
(2) airport authority;
(3) fire protection territory; or
(4) excluded city;
whose fire department is consolidated into the fire department of
a consolidated city under IC 36-3-1-6.1 or IC 36-3-1-6.3, both as
added by this act, for its cumulative building and equipment fund
for fire protection and related services is transferred 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.
SOURCE: ; (05)MO063803.231. -->
SECTION 231. [EFFECTIVE UPON PASSAGE]
The legislative
services agency shall prepare legislation for introduction in the
2006 regular session of the general assembly to organize and
correct statutes affected by this act, if necessary.
SOURCE: ; (05)MO063803.232. -->
SECTION 232.
An emergency is declared for this act.".
Delete pages 214 through 216.
Renumber all SECTIONS consecutively.
(Reference is to ESB 638 as printed April 1, 2005.)
________________________________________
MO063803/DI 73 2005