SB 1-2_ Filed 03/14/2006, 22:48
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 1
Citations Affected: IC 5-10.2-4-1.9; IC 5-10.3-6-8.8; IC 6-1.1-18.5-10.4; IC 6-1.1-18.5-21.5;
IC 6-3.5-6-18.5; IC 8-1.5-5-32; IC 8-22-3-11.6; IC 15-3; IC 15-5-9; IC 32-26-4-2; IC 32-26-9;
IC 34-30-2-58; IC 36-2-15-5; IC 36-3; IC 36-6; IC 36-8; IC 36-10-7.5-1.
Synopsis: Marion County government. Provides that in Marion County: (1) a township trustee's
duties regarding parks and recreation, fences, detrimental weeds, and administration of the dog
tax and dog fund are transferred to the consolidated city; (2) all assets, property rights, equipment,
records, personnel, and contracts concerning a trustee's duties regarding parks and recreation,
fences, detrimental weeds, and administration of the dog tax and dog fund are transferred to the
consolidated city on January 1, 2007; and (3) that the indebtedness of a township regarding a
township trustee's duties regarding parks and recreation, fences, detrimental weeds, and
administration of the dog tax and dog fund is assumed or defeased by the consolidated city and
property taxes imposed by the consolidated city for that indebtedness are exempt from the ad
valorem property tax limits. Adjusts the maximum permissible property tax levies to take into
account the transfer of duties. Reduces township boards in Marion County from seven to five
members. Provides that after June 30, 2006: (1) a relative of a member of a board, committee,
council, or commission or head of a department, an office, or an institution of a Marion County
political subdivision may not be employed by the board, committee, council, commission,
department, office, or institution or receive compensation as an employee from an appropriation;
and (2) an individual may not be in a direct supervisory or subordinate relationship with a relative.
Provides that compliance with the statute does not require the termination or reassignment of an
employee of a political subdivision from a position held by the employee on and continuously
after June 30, 2006. Consolidates the fire departments of the townships, fire protection territories,
and the airport authority in Marion County into the fire department of the consolidated city if: (1)
the legislative body of the consolidated city adopts an ordinance to consolidate the fire
departments; (2) the mayor of the consolidated city approves the ordinance; and (3) a public
question regarding the fire department consolidation is approved by the voters of the county
(except voters in an excluded city) at the May 2007 primary election. Provides that if the
consolidation is approved, it shall be effective January 1, 2008. Establishes a procedure for the
fire department of an excluded city or town to be consolidated into the fire department of a
consolidated city if the legislative body of the excluded city or town and the city-county legislative
body adopt substantially similar ordinances authorizing the consolidation. Requires the fire
department of a consolidated city to establish, operate, and maintain emergency ambulance
services in the fire district served by the consolidated fire department. Provides that if a
consolidation ordinance is adopted and approved, the following two options shall be submitted
to the voters in a public question: (1) One option must provide for a permanent metropolitan
board of fire commissioners with certain powers and duties concerning the consolidated fire
department. (2) The other option must provide for the consolidated fire department to be under
the control and authority of the mayor as provided by law. The choice of which option shall be
implemented shall be determined by the voters in a public question at the May 2007 election.
Requires the mayor to propose a transition plan. Establishes the metropolitan board of fire
commissioners (board). Requires the board to propose a transition plan. Specifies that if the board
is not approved in the public question as a permanent board, the board expires. Provides that if
a consolidated fire department is established, the consolidated fire department taxing district
("taxing district") is established in Marion County. Specifies that the taxing district consists of
all territory in the county except territory of an excluded city that has not consolidated its fire
department. Provides that if a consolidated fire department is established, employees, assets, and
liabilities from the townships are transferred to the consolidated city. Provides that debt related
to firefighting equipment or facilities that is issued by the townships before the consolidation shall
be assumed by the consolidated city. Provides that the balances in any funds established by a
township for any purpose are not transferred to the consolidated city. Provides that balances in
a township's firefighting cumulative building and equipment fund on January 1, 2008, shall be
transferred to a dedicated township fund and used to pay pension obligations under the 1937
firefighters' pension fund (if the township has any unfunded liability for that pension fund) and,
if any balance remains after that transfer, the remaining balance shall be transferred to any other
cumulative fund or rainy day fund established by the township before January 1, 2008. Specifies
that the Emergency Services Education Center in Wayne Township and any related debt shall not
be transferred to the consolidated city. Provides that the taxing district shall levy a property tax
within the territory of the taxing district to pay for the following: (1) Providing fire protection
services and emergency ambulance services within the territory of the taxing district and
providing for the operation of the consolidated fire department. (2) Providing any equipment,
buildings, or land necessary for the consolidated fire department and for providing fire protection
services and emergency ambulance services within the territory of the taxing district. Provides that
the tax revenue shall be deposited in a consolidated fire department fund. Specifies that the city
controller shall administer the fund and is responsible for the issuance of warrants for payments
from the fund. Provides that during the first four years after consolidation, the total property tax
rate imposed by the taxing district in a township may not exceed the property tax rate imposed
in the township for fire protection in the year preceding consolidation. Provides that property
taxes to fund the pension obligation for members of the 1937 firefighters' fund who are employees
or retired employees of the consolidated city when the consolidated fire department is established
may be levied only by the existing fire special service district within the territory of the fire special
service district and may not be levied by the taxing district. Establishes the initial maximum levy
for the taxing district. Reduces the maximum levies of entities that are consolidated into the
consolidated fire department. Provides that the property tax levy limits do not apply to property
taxes imposed by the consolidated fire department taxing district to pay or fund: (1) any
indebtedness of a township assumed by the consolidated city; and (2) any indebtedness issued by
the consolidated city after the consolidated fire department is established to pay for fire protection
services, emergency services, or equipment, buildings, or land related to fire protection services
or emergency medical services. Provides that a portion of the townships' county option income
tax distributive shares are instead to be paid to the consolidated fire department taxing district.
Establishes a firefighting cumulative building and equipment fund for the consolidated fire
department. Specifies that in the case of a township or an excluded city that consolidates its fire
department: (1) the liability for the payment of pension obligations for members of the 1937
firefighters' pension fund who are employees or retired employees of the township or excluded
city at the time of the consolidation remains with the township or excluded city; and (2) property
taxes to fund that pension obligation may be imposed by the township or excluded city only
within the township or excluded city. Creates a township review board in Marion County to
review and make recommendations regarding: (1) township duties and the joint provision of
services; and (2) fire protection services provided in the county. Provides that the board is
abolished December 31, 2008. Provides that a full-time, fully paid firefighter of a fire department,
fire protection district, or fire protection territory consolidated into the Indianapolis fire
department is entitled to be employed as a full-time, fully paid firefighter of the Indianapolis fire
department at not less than the same merit or permanent rank or an equivalent merit or permanent
rank that the firefighter held on the later of the effective date of the bill or the date the firefighter
fills a vacant position through a merit testing process. Specifies that the transfer of any real
property from a township to the consolidated city under this subsection is subject to any
easements, covenants, declarations, restrictions, or other terms and conditions included in the deed
to the real property or included as a condition in the transfer of the real property to the township,
including any requirements that the real property must continue to be owned and used by the
township. Provides that in the case of a building or other property that is used by the township
partially for fire protection services and partially for other purposes, the building or property is
not transferred to the consolidated city, but the consolidated city may enter into a lease with the
township for the portion of the property that is used for fire protection services. Makes a technical
correction to an act passed in the 2006 session. Establishes a process to allow certain township
employees to retire if the employees' particular departmental, occupational, or other classifications
are terminated from township employment as a result of a fire department consolidation. Permits
a township employee who is not vested in the public employees' retirement fund and is terminated
from employment as the result of a fire department consolidation to elect to roll over a lump sum
distribution from the fund to another retirement account or plan. Provides that in making decisions
regarding hiring and employment, the consolidated city shall give a preference to a township
employee who is terminated from employment with the township as the result of a fire department
consolidation. Provides that the Marion County auditor (rather than the Indianapolis city
controller) must record certain information concerning warrants issued by the auditor. Provides
that the signature of the Marion County auditor may not be signed on, imprinted on, or affixed
to a warrant for the payment of county or city funds without the approval of the auditor. Specifies
that the Marion County auditor may take certain actions assigned by law to the auditor without
the approval of the Indianapolis city controller. Specifies that the Marion County auditor is
responsible for payroll functions and duties for all city and county departments, offices, and
agencies, and the Indianapolis city controller may not perform these functions and duties, except
as requested by the auditor. Provides that each elected county officer is responsible for
establishing the human resources policies and personnel policies that apply to employees of the
county officer, and that these policies may be established without the approval of any other
person, except for city-county council approval of compensation of employees. (This conference
committee report does the following: (1) Adds the provisions from the Senate-passed
version of Senate Bill 1 concerning: (a) reduction of the township boards in Marion County
from seven members to five members; and (b) transfer of the township trustee's duties
regarding parks and recreation, fences, detrimental weeds, and administration of the dog
tax and dog fund to the consolidated city. (2) Makes the following changes to the fire
consolidation portion of the bill: (a) Adds the provision making the consolidation
contingent upon approval by the voters at a public question at the May 2007 primary
election, and adds the provision concerning the May 2007 public question on whether the
metropolitan board of fire commissioners or the mayor shall have authority over the
consolidated fire department. (b) Requires the consolidation to be initiated by an ordinance
adopted by the legislative body and approved by the mayor. (c) Provides that debt related
to firefighting equipment or facilities (rather than all debt) that is issued by the townships
before the consolidation shall be assumed by the consolidated city. (d) Provides that the
balances in any funds established by a township for any purpose are not transferred to the
consolidated city. (e) Establishes the process to allow certain township employees to retire
if the employees' particular departmental, occupational, or other classifications are
terminated from township employment as a result of a fire department consolidation and
permitting a township employee who is not vested in the public employees' retirement fund
and is terminated from employment as the result of a fire department consolidation to elect
to roll over a lump sum distribution from the fund to another retirement account or plan.
(f) Requires the consolidated city, when making hiring decisions, to give a preference to a
township employee who is terminated from employment with the township as the result of
a fire department consolidation. (g) Provides that the percentage of a township's county
option income tax revenue that is instead paid to the consolidated fire department taxing
district is equal to the percentage, if any, of the township's distributive shares received in
the 2006 budget year that are used by the township for fire protection services. (k) Specifies
that the transfer of any real property from a township to the consolidated city is subject
to any easements, covenants, declarations, restrictions, or other terms and conditions
included in the deed to the real property or included as a condition in the transfer of the
real property to the township. (h) Specifies that in the case of a building or other property
that is used by a township partially for fire protection services and partially for other
purposes, the building or property is not transferred to the consolidated city, but the
consolidated city may enter into a lease with the township for the portion of the property
that is used for fire protection services. (3) Makes a technical correction to an act passed
in the 2006 session. (3) Makes a technical correction to an act passed in the 2006 session.)
Effective: Upon passage; July 1, 2006; January 1, 2007.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 1 respectfully reports that
said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 5-10.2-4-1.9; (06)CC000116.1.1. -->
SECTION 1. IC 5-10.2-4-1.9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.9. (a) An employee of a township who:
(1) is a member of the public employees' retirement fund;
(2) has not attained vested status; and
(3) is terminated from employment with the township as the
result of a consolidation under IC 36-3-1-6.1;
may make the election described in subsection (b).
(b) A member described in subsection (a) may elect, in the
manner prescribed by the board of trustees of the public
employees' retirement fund, not later than sixty (60) days after the
date the member separates from township service, to receive from
the public employees' retirement fund a distribution under
subsection (c).
(c) This subsection applies to a member who elects under
subsection (b) to receive a distribution. The member is entitled to
receive a distribution that is equal to the present value, as
determined by the board on the member's separation date, of the
pension portion of the monthly retirement benefit computed as if
the member had been:
(1) eligible for normal retirement; and
(2) at least sixty-five (65) years of age;
on the member's separation date, multiplied by a fraction. The
numerator of the fraction is the number of months of creditable
service earned by the member as an employee of the state before
the member's separation date. The denominator of the fraction is
one hundred twenty (120).
(d) To the extent permitted by the Internal Revenue Code, the
distribution under subsection (c) must be made directly to any of
the following designated by the terminating employee:
(1) An individual retirement account or annuity described in
Section 408(a) or Section 408(b) of the Internal Revenue Code.
(2) A qualified plan described in Section 401(a) or Section
403(a) of the Internal Revenue Code.
(3) An annuity contract or account described in Section 403(b)
of the Internal Revenue Code.
(4) An eligible plan that is maintained by a state, a political
subdivision of a state, or an agency or instrumentality of a
state or political subdivision of a state under Section 457(b) of
the Internal Revenue Code.
(e) Creditable service used in computing a distribution under this
section may not be used to compute a normal or early retirement
benefit under this article.
(f) The board of trustees of the public employees' retirement fund
may adopt reasonable procedures and standards to implement this
section.
(g) This section applies only if the public employees' retirement
fund has received from the Internal Revenue Service any approvals
or rulings that the board of trustees of the public employees'
retirement fund considers necessary or appropriate.
SOURCE: IC 5-10.3-6-8.8; (06)CC000116.1.2. -->
SECTION 2. IC 5-10.3-6-8.8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 8.8. (a) This section applies when
employees of a township in particular departmental, occupational,
or other definable classifications are terminated from employment
with the township as a result of a consolidation under
IC 36-3-1-6.1.
(b) The township executive shall request coverage under this
section from the board whenever an employee of the township is
terminated as described in subsection (a).
(c) The board must approve a request from the township
executive under subsection (b) unless approval violates subsection
(i), federal or state law, or the terms of the fund.
(d) As used in this section, "early retirement" means a member
is eligible to retire with a reduced pension under IC 5-10.2-4-1,
because the member:
(1) is at least fifty (50) years of age; and
(2) has at least fifteen (15) years of creditable service.
(e) As used in this section, "normal retirement" means a member
is eligible to retire under IC 5-10.2-4-1, because:
(1) the member is at least sixty-five (65) years of age and has
at least ten (10) years of creditable service;
(2) the member is at least sixty (60) years of age and has at
least fifteen (15) years of creditable service; or
(3) the member's age in years plus the member's years of
service is at least eighty-five (85) and the member is at least
fifty-five (55) years of age.
(f) The withdrawal of the employees described in subsection (a)
from the fund is effective on a termination date established by the
board. The board may not establish a termination date that occurs
before all of the following have occurred:
(1) The township executive has requested coverage under this
section and provided written notice of the following to the
board:
(A) The intent of the township to terminate the employees
from employment.
(B) The names of the terminated employees as of the date
that the termination is to occur.
(2) The expiration of a thirty (30) day period following the
filing of the notice with the board.
(3) The consolidated city complies with subsection (g).
(g) A member who is covered by subsection (f) and who, as of the
date of the notice under subsection (f), is less than twenty-four (24)
months from being eligible for normal or early retirement under
IC 5-10.2-4-1 may elect to retire by purchasing the service credit
needed for retirement under the following conditions:
(1) The consolidated city shall contribute to the fund an
amount determined under IC 5-10.2-3-1.2 that is sufficient to
pay the member's contributions required for the member's
purchase of the service credit the member needs to retire.
(2) The maximum amount of creditable service that the
consolidated city may purchase for a member under this
subsection is twenty-four (24) months.
(3) The benefit for the member shall be computed under
IC 5-10.2-4-4 using the member's actual years of creditable
service plus all other service for which the fund gives credit,
including the creditable service purchased under this
subsection.
(h) The board shall evaluate each withdrawal under this section
to determine if the withdrawal affects the fund's compliance with
Section 401(a) of the Internal Revenue Code of 1954, as in effect on
September 1, 1974. The board may deny an employee permission
to withdraw if the denial is necessary to achieve compliance with
Section 401(a) of the Internal Revenue Code of 1954, as in effect on
September 1, 1974.
SOURCE: IC 6-1.1-18.5-10.4; (06)CC000116.1.3. -->
SECTION 3. IC 6-1.1-18.5-10.4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10.4. (a) The ad
valorem property tax levy limits imposed by section 3 of this chapter do
not apply to ad valorem property taxes imposed by a township, a
county containing a consolidated city, or a fire protection district
under IC 36-8-14.
(b) For purposes of computing the ad valorem property tax levy limit
imposed on a township or a fire protection district under section 3 of
this chapter, the township's, the county's, or the fire protection district's
ad valorem property tax levy for a particular calendar year does not
include that part of the levy imposed under IC 36-8-14.
SOURCE: IC 6-1.1-18.5-21.5; (06)CC000116.1.4. -->
SECTION 4. IC 6-1.1-18.5-21.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 21.5. The ad valorem
property tax levy limits imposed by this chapter do not apply to ad
valorem property taxes imposed by the consolidated fire
department taxing district established in IC 36-3-1-6.4 to pay or
fund the following:
(1) Any indebtedness of a township, a fire protection territory,
or an excluded city that is related to fire protection facilities or
fire protection equipment and is assumed, defeased, paid, or
refunded by the consolidated city under IC.36-3-1-6.1 or
IC 36-3-1-6.3.
(2) Any indebtedness issued by the consolidated city to pay for
fire protection services, emergency services, or equipment,
buildings, or land related to fire protection services or
emergency medical services.
SOURCE: IC 6-3.5-6-18.5; (06)CC000116.1.5. -->
SECTION 5. IC 6-3.5-6-18.5, AS AMENDED BY P.L.234-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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, IC 12-19-7, and IC 12-19-7.5 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, IC 12-19-7, and IC 12-19-7.5 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, IC 12-19-7, and IC 12-19-7.5 for the qualifying
civil taxing unit during the calendar year in which the month
falls, plus, for a county, an amount equal to the 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, IC 12-19-7, and IC 12-19-7.5 for all
qualifying civil taxing units of the county during the calendar
year in which the month falls, and an amount equal to the
property taxes imposed by the county in 1999 for the county's
welfare fund and welfare administration fund.
(c) Except with respect to Center Township, if a consolidated fire
department is established under IC 36-3-1-6.1, beginning with the
calendar year following the consolidation and for each year
thereafter, a percentage of the revenues to be distributed as
distributive shares during each year to a township that has
consolidated its fire department shall instead be distributed to the
consolidated fire department taxing district and deposited in the
consolidated fire department taxing district fund. The percentage
to be distributed to the consolidated fire department taxing district
shall be equal to the percentage, if any, of the township's
distributive shares received in the 2006 budget year that are used
by the township for fire protection services.
(d) If Lawrence, Beech Grove, Southport, or Speedway
consolidates its fire department into the consolidated fire
department under IC 36-3-1-6.3, beginning with the calendar year
following the consolidation and for each year thereafter, the
monthly distributive share of county option income taxes
distributed to Lawrence, Beech Grove, Southport, or Speedway,
as applicable, shall be reduced by a percentage set forth in the
ordinances adopted under IC 36-3-1-6.3, and those revenues shall
instead be distributed to the consolidated fire department taxing
district and deposited in the consolidated fire department taxing
district fund.
SOURCE: IC 8-1.5-5-32; (06)CC000116.1.6. -->
SECTION 6. IC 8-1.5-5-32, AS ADDED BY SEA 71-2006,
SECTION 1, AND HEA 1212-2006, SECTION 1, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 32. (a)
This section applies to excluded cities and towns in a county containing
a consolidated city.
(b) A municipality to which this section applies may withdraw from
the district established by the consolidated city if the municipal
legislative body adopts an ordinance withdrawing the municipality from
the district. The municipal legislative body shall, at least thirty (30)
days before the final vote on the ordinance, mail written notice of the
meeting to the following:
(1) All owners of lots and parcels within the municipality that are
subject to storm water user fees imposed in the district by the
department of public works of the consolidated city.
(2) The department of public works of the consolidated city.
(c) An ordinance described in subsection (b) takes effect sixty (60)
days after adoption by the municipal legislative body.
(d) In addition to the notice required by subsection (b), if a municipal
legislative body adopts an ordinance under subsection (b), the municipal
legislative body shall mail written notice of the withdrawal from the
district to the department of public works of the consolidated city not
more than thirty (30) days after the ordinance becomes effective.
(e) If on the date of a municipality's withdrawal from the district there
are bonds outstanding that have been issued by the board of public
works of the consolidated city, the municipality is liable for and shall
pay that indebtedness in the same ratio as the assessed valuation of the
property in the municipality bears to the assessed valuation of all
property included in the district on the date one (1) day before the date
of withdrawal, as shown in the most recent assessment for taxation
before the date of withdrawal.
(f) If a municipal legislative body adopts an ordinance under
subsection (b), the district municipality is entitled to receive the
following:
(1) An annual lump sum payment equal to the total amount of
property taxes paid and allocated to the district's flood debt service
fund from all property taxpayers within the municipality, to the
extent the property taxes are not necessary to pay the indebtedness
owed by the municipality under subsection (e). A payment under
this subdivision is required for property taxes assessed beginning
on the January 1 preceding the effective date of the municipality's
withdrawal from the district.
(2) The total amount of storm water user fees collected by the
department of public works of the consolidated city from the lots
and parcels in the municipality beginning on the January 1
preceding the effective date of the municipality's withdrawal from
the district.
(g) Payments received under subsection (f):
(1) shall be deposited by the municipality in a dedicated fund; and
(2) may be used by the municipality only for purposes of storm
water management in the municipality and may not be diverted,
directly or indirectly, in any manner to any use other than the
purposes of storm water management in the municipality.
SOURCE: IC 8-22-3-11.6; (06)CC000116.1.7. -->
SECTION 7. IC 8-22-3-11.6, AS ADDED BY P.L.227-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11.6. (a) This section applies only to an
airport authority established for a county having a consolidated city.
If:
(1) the legislative body of the consolidated city and the governing
body of the airport authority may adopt substantially similar
ordinances providing that adopts an ordinance under
IC 36-3-1-6.1 providing that:
(A) the fire department of the airport authority is consolidated
into the fire department of the consolidated city created by
IC 36-3-1-6.1; and that
(B) the fire department of the consolidated city shall provide fire
protection services for the airport authority; If ordinances are
adopted under this section,
and the executive of the consolidated city approves the
ordinance;
(2) the legislative body of the consolidated city adopts an
ordinance under IC 36-3-1-6.1 adopting the transition plan and
the executive of the consolidated city approves the ordinance;
and
(3) the consolidation is approved in the public question under
IC 36-3-1-6.1;
the consolidation shall take effect on the date agreed to by the
legislative body of the consolidated city and the governing body of the
airport authority in the ordinances. January 1, 2008, or a later
effective date specified under IC 36-3-1-6.1.
SOURCE: IC 15-3-4-0.5; (06)CC000116.1.8. -->
SECTION 8. IC 15-3-4-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2007]: Sec. 0.5. (a) This section applies to a township
in a county having a consolidated city.
(b) After December 31, 2006, the duties of a township trustee
under this chapter shall be transferred to the consolidated city.
SOURCE: IC 15-3-4-1; (06)CC000116.1.9. -->
SECTION 9. IC 15-3-4-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2007]: 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, "fund" means:
(1) the township fund for a township in a county not having a
consolidated city; or
(2) the appropriate fund of the consolidated city for a county
having a consolidated city.
(b) (c) 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.
(d) 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; or
(2) the consolidated city for a township in a county having a
consolidated city.
(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: IC 15-3-4-2; (06)CC000116.1.10. -->
SECTION 10. IC 15-3-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 2. (a) A township
trustee who has reason to believe that detrimental plants may be on real
estate may, after giving forty-eight (48) hours notice to the owner or
person in possession of the property, enter the real estate to investigate.
(b) Except as provided in subsection (c), if the township trustee
determines after investigating the property or by visual inspection
without entering the property that a person has detrimental plants
growing on real estate in the a township that comprises all or a part
of the township trustee's jurisdiction that have not been destroyed as
described in section 1 of this chapter, the trustee of the township in
which the real estate is located township trustee shall notify, in writing,
the owner or person in possession of the real estate to destroy the
detrimental plants in a manner provided in section 1 of this chapter
within five (5) days after the notice is given. If the detrimental plants are
not destroyed as provided in section 1 of this chapter within five (5)
days after notice is given, the trustee shall cause the detrimental plants
to be destroyed in a manner seeming most practical to the trustee within
three (3) additional days. The trustee may hire a person to destroy the
detrimental plants. The trustee or the person employed to destroy the
detrimental plants may enter upon the real estate where the detrimental
plants are growing to destroy the detrimental plants, and are not civilly
or criminally liable for damage to crops, livestock, or other property
occurring while carrying out such work, except for gross negligence or
willful or wanton destruction.
(c) If the county has established a county weed control board under
IC 15-3-4.6 the township trustee may notify the county weed control
board of the real estate containing detrimental plants, and the board
shall either assume jurisdiction to control the detrimental plants or
decline jurisdiction and refer the matter back to the township trustee.
The county weed control board shall notify the township trustee of the
board's decision.
(d) Notice required in subsection (a) or (b) may be given:
(1) by mail, using certified mail; or
(2) by personal service.
(e) Notice under subsection (d) is considered received by the owner
or person in possession of the real estate:
(1) if sent by mail, on the earlier of:
(A) the date of signature of receipt of the mailing; or
(B) three (3) business days after the date of mailing; or
(2) if served personally, on the date of delivery.
SOURCE: IC 15-3-4-3; (06)CC000116.1.11. -->
SECTION 11. IC 15-3-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: 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 or, if the township is in a county
having a consolidated city, 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) the township legislative body shall act under IC 36-6-6-14(b)
or IC 36-6-6-15; or
(2) a 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 or the
consolidated city 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; (06)CC000116.1.12. -->
SECTION 12. IC 15-3-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: 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, 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.
SOURCE: IC 15-3-4-5; (06)CC000116.1.13. -->
SECTION 13. IC 15-3-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 5. (a) A person
who:
(1) knowingly allows detrimental plants to grow and mature on land
owned or possessed by the person;
(2) knowing of the existence of detrimental plants on land owned
or possessed by the person, fails to cut them down or eradicate
them by chemicals each year, as prescribed in this chapter;
(3) having charge of or control over any highway, knowingly allows
detrimental plants to grow or mature on the right-of-way of the
highway, or, knowing of the existence of the detrimental plants fails
to cut them down or eradicate them by chemicals, as prescribed in
this chapter;
(4) having charge of or control over the right-of-way of a railroad
or interurban company, knowingly allows detrimental plants to
grow and mature thereon, or knowing of the existence of the
detrimental plants, fails to cut them down or eradicate them by
chemicals, as prescribed in this chapter; or
(5) knowingly sells Canada thistle (cirsium arvense) seed;
commits a Class C infraction. Each day this section is violated
constitutes a separate infraction.
(b) All judgments collected under this section shall be paid to the
trustee and placed in the trustee's township funds fund for use at the
discretion of the trustee or the consolidated city.
SOURCE: IC 15-3-4-7; (06)CC000116.1.14. -->
SECTION 14. IC 15-3-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 7. When the
annual budget is prepared, a sufficient amount shall be appropriated to
enable the township officials trustee to comply with this chapter.
SOURCE: IC 15-3-4-8; (06)CC000116.1.15. -->
SECTION 15. IC 15-3-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 8. (a) The Purdue
University cooperative extension service shall provide technical
assistance to township trustees for the control of detrimental plants.
(b) All law enforcement agencies having jurisdiction in a township or
a consolidated city shall assist the township trustee in carrying out the
duties imposed on the trustee under this chapter.
SOURCE: IC 15-3-4.6-3; (06)CC000116.1.16. -->
SECTION 16. IC 15-3-4.6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: 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 non-voting advisory capacity.
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; (06)CC000116.1.17. -->
SECTION 17. IC 15-3-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 1. The Indiana
department of transportation, railroads, drainage districts, township
boards, except township boards of townships in a county having a
consolidated city, 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; (06)CC000116.1.18. -->
SECTION 18. 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; or
(2) for a township located in a county having a consolidated
city, the controller of the consolidated city or the controller's
designee.
SOURCE: IC 15-5-9-1; (06)CC000116.1.19. -->
SECTION 19. IC 15-5-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 1. (a) The
township assessor shall make a diligent census as to the number of dogs
owned, harbored, or kept by any person. A person owning or harboring
a dog shall pay immediately to the
township assessor a tax for each dog
owned, harbored, or kept on the same premises, whether owned by that
person or some other person, as follows:
(1) Except as provided in subsection (d), for each neutered dog, two
dollars ($2).
(2) For each nonneutered dog, four dollars ($4).
(3) For each additional dog, six dollars ($6).
No dog under six (6) months of age is subject to any tax under this
chapter. Whoever becomes the owner or harborer of a dog after the dog
census by the
township assessor or any owner or harborer of a dog for
which for any reason the assessor failed to collect the tax, shall, within
thirty (30) days after becoming the owner or harborer of a dog, apply to
the assessor or the assessor's designee, pay the required fee, and procure
a tag for the dog.
(b) Dogs kept in kennels for breeding, boarding, or training purposes
or for sale shall not be assessed an individual license fee, but the owner
or keeper shall pay a kennel license fee according to the following
schedule:
(1) For a major kennel, consisting of fifteen (15) or more dogs, a
fee of thirty dollars ($30).
(2) For a minor kennel, consisting of less than fifteen (15) dogs, a
fee of twenty dollars ($20).
For each individual dog tag or kennel license issued under this chapter,
the township assessor (or trustee who collects the fee) shall retain from
the fee described in this section, an administrative fee of fifty cents
($0.50). Administrative fees collected by the an assessor other than a
township trustee shall be deposited in the county general fund, and
administrative fees collected by the a township trustee shall be
deposited in the township general fund.
(c) Upon the payment of the license fee required by subsection (b),
the township assessor shall deliver to the owner or keeper of the kennel
a proper license together with a metallic tag for each dog in such kennel.
The license shall be dated and numbered and shall bear the name of the
county issuing it and the name and address of the owner of the kennel
licensed, and a description of the breed, number, sex, and age of the
dogs kept in such kennel. Any person becoming the owner of a dog
kennel shall, within thirty (30) days after becoming the owner, apply to
the township assessor, township trustee, or assessor's designee and,
upon payment of the required fee, procure a license and a metallic tag
for all dogs kept in the kennel.
(d) A county council may increase the tax on neutered dogs imposed
under subsection (a) from two dollars ($2) to three dollars ($3).
(e) A township An assessor (or a township trustee who has the duties
of a township assessor) may designate one (1) or more licensed
veterinarians or humane societies in the assessor's township or county,
as the case may be, to collect the dog taxes and kennel license fees and
issue the licenses under this chapter. A designee may retain seventy-five
cents ($0.75) as a fee for that service and remit the balance of the
money collected to the township trustee assessor who designated the
designee by the tenth day of each month. As used in this subsection,
"humane society" includes an animal shelter, animal control center, or
other animal impounding facility that has as its purpose the humane
treatment of animals.
SOURCE: IC 15-5-9-2; (06)CC000116.1.20. -->
SECTION 20. 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 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, 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; (06)CC000116.1.21. -->
SECTION 21. 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 in a county having a consolidated city
or to a consolidated city. 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 an assessor shall be turned over by the assessor to the township
trustee of the 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: IC 15-5-9-4; (06)CC000116.1.22. -->
SECTION 22. IC 15-5-9-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 4. (a) Each
township assessor shall perform the duties imposed by this chapter. If
a dog owner has failed to turn in a dog for taxation purposes, the
assessor shall notify the owner that the assessor is listing the unpaid
taxes within a period of ten (10) days, at which time the person will be
assessed double the amount of taxes provided by this chapter unless the
person owning the dog appears voluntarily within the ten (10) days and:
(1) proves to the satisfaction of the assessor that the person owned
no such dog at the time the census was made; or
(2) makes an affidavit to be kept on file by the assessor to the effect
that the failure to report a dog for taxation was not intentional and
was not purposely omitted for the purpose of avoiding payment of
taxes.
(b) Each assessor shall keep a complete list of all dogs subject to the
tax under this chapter together with the names of their owners on record
in the assessor's office at all times and available to the public. If any
person shall acquire, own, harbor, or keep any dog after the assessor has
completed the census, the person shall report the dog to and pay to the
assessor the amount of dog tax as provided in this chapter and receive
a receipt and tag for the payment. The receipt and tag exempts the
person from further payment of dog tax on dogs described in the receipt
for one (1) year from the date of the receipt.
SOURCE: IC 15-5-9-5; (06)CC000116.1.23. -->
SECTION 23. IC 15-5-9-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 5. A township An
assessor or assessor's designee or township trustee who:
(1) fails to perform the duties imposed by this chapter; or
(2) fails to make a complete report within the time specified in this
chapter;
commits a Class C infraction.
SOURCE: IC 15-5-9-6; (06)CC000116.1.24. -->
SECTION 24. IC 15-5-9-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 6. Every person
liable to taxation in any township and residing in the township when
listed for taxation shall make and subscribe to an oath to the township
assessor in which the person states the number of dogs neutered or
unneutered over the age of six (6) months and owned or harbored by the
person.
SOURCE: IC 15-5-9-8; (06)CC000116.1.25. -->
SECTION 25. 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 located
in a county having a consolidated city, the county dog fund that the
township trustee
or, in the case of a township located in a county
having a consolidated city, 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; (06)CC000116.1.26. -->
SECTION 26. 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 located in a county having a consolidated city,
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 located in a county having a consolidated city, 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; (06)CC000116.1.27. -->
SECTION 27. 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 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 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
located in a county having a consolidated city, 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 paid out of the township general
fund or, in the case of a township located in a county having
a consolidated city, 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 deposited in the county dog fund. On the second Monday in
March of each year, the money in the county dog fund shall be
distributed as follows:
(1) Except for a township located in a county having a
consolidated city, 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 made, except in a township located in a county having a
consolidated city, in the ratio of the orders drawn against the dog fund
of the townships and unpaid and unprovided for. The ratio shall be
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 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 located in a county having a consolidated city,
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 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:
(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; (06)CC000116.1.28. -->
SECTION 28. 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 a county having a
consolidated city, 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 a county having a consolidated city, the controller
of the consolidated city, for the amount of the unpaid claims. The
warrant shall be drawn on the state dog account. Upon the receipt of the
money, the auditor of the county or, in a county having a
consolidated city, 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 a county having a consolidated city, 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 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 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
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.
SOURCE: IC 15-5-9-12; (06)CC000116.1.29. -->
SECTION 29. IC 15-5-9-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 12. (a) At the
time when the dog kennel license fee is paid to the
township assessor,
the assessor, at the time when the assessor issues a receipt, shall
likewise furnish to the person a metal tag. The metal tag furnished shall
be attached securely to the collar of the dog for which the license fee has
been paid, and the collar, with the tag attached, shall be worn
continuously by the dog.
(b) All license tags shall be of uniform design or color for any one (1)
year, but the same color or shape shall not be used for any two (2)
consecutive years. All tags shall be designed by the auditor of state,
shall be paid for out of the state dog account, and shall be manufactured
at the state prison in the same manner as motor vehicle registration
plates. Each tag shall have a distinct number, and the number of the tag
shall appear on the receipt issued to the owner of the dog.
(c) If any dog tag is lost, it shall be replaced without cost by the
assessor upon application by the owner of the dog and upon the
production of the receipt and a sworn statement of the facts regarding
the loss of the tag. No license tag is transferable to another dog.
SOURCE: IC 32-26-4-2; (06)CC000116.1.30. -->
SECTION 30. IC 32-26-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: 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 county having a consolidated
city, 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; (06)CC000116.1.31. -->
SECTION 31. IC.32-26-9-0.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2007]: Sec. 0.6. As used in this chapter,
"township" means:
(1) a township in a county not having a consolidated city; or
(2) the consolidated city for a township located in a county
having a consolidated city.
SOURCE: IC 32-26-9-0.7; (06)CC000116.1.32. -->
SECTION 32. IC 32-26-9-0.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2007]: 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; or
(2) the consolidated city for a township in a county having a
consolidated city.
SOURCE: IC 32-26-9-3; (06)CC000116.1.33. -->
SECTION 33. IC 32-26-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 3. (a) A partition
fence shall be built, rebuilt, and kept in repair at the cost of the property
owners whose properties are enclosed or separated by the fences
proportionately according to the number of rods or proportion of the
fence the property owner owns along the line of the fence, whether the
property owner's title is a fee simple or a life estate.
(b) If a property owner fails or refuses to compensate for building,
rebuilding, or repairing the property owner's portion of a partition fence,
another property owner who is interested in the fence, after having built,
rebuilt, or repaired the property owner's portion of the fence, shall give
to the defaulting property owner or the defaulting property owner's
agent or tenant twenty (20) days notice to build, rebuild, or repair the
defaulting property owner's portion of the fence. If the defaulting
property owner or the defaulting property owner's agent or tenant fails
to build, rebuild, or repair the fence within twenty (20) days, the
complaining property owner shall notify the township trustee of the
township in which the properties are located of the default.
(c) This subsection applies if the fence sought to be established,
rebuilt, or repaired is on a township line. Unless disqualified under
subsection (h), the complaining property owner shall notify the trustee
of the township in which the property of the complaining property
owner is located of the default under subsection (b), and the trustee has
jurisdiction in the matter.
(d) The township trustee who receives a complaint under this section
shall:
(1) estimate the costs for building, rebuilding, or repairing the
partition fence; and
(2) within a reasonable time after receiving the complaint, make out
a statement and notify the defaulting property owner of the
probable cost of building, rebuilding, or repairing the fence.
If twenty (20) days after receiving a notice under this subsection the
defaulting property owner has not built, rebuilt, or repaired the fence,
the trustee shall build or repair the fence. The trustee may use only the
materials for the fences that are most commonly used by the farmers of
the community.
(e) If the trustee of a township is disqualified to act under subsection
(h), the trustee of an adjoining township who resides nearest to where
the fence is located shall act on the complaint upon receiving a notice
by a property owner who is interested in the fence.
(f) A lawful partition fence is any one (1) of the following that is
sufficiently tight and strong to hold cattle, hogs, horses, mules, and
sheep:
(1) A straight board and wire fence, a straight wire fence, a straight
board fence, or a picket fence four (4) feet high.
(2) A straight rail fence four and one-half (4 1/2) feet high.
(3) A worm rail fence five (5) feet high.
(g) This subsection applies if a ditch or creek crosses the division line
between two (2) property owners, causing additional expense in the
maintenance of the part over the stream. If the property owners cannot
agree upon the proportionate share of each property owner, the
township trustee shall appoint three (3) disinterested citizens who shall
apportion the partition fence to be built by each property owner.
(h) If a township trustee is:
(1) related to any of the interested property owners; or
(2) an interested property owner;
the trustee of any other township who resides nearest to where the fence
is located shall township shall appoint another official to act under
this chapter.
(i) This subsection applies if a ditch or creek forms, covers, or marks
the dividing line or a part of the dividing line between the properties of
separate and different property owners so that partition fences required
under this chapter cannot be built and maintained on the dividing line.
The partition fences shall be built and maintained under this chapter as
near to the boundary line as is practical, and each property owner shall
build a separate partition fence on the property owner's property and
maintain the fence at the property owner's cost.
(j) This subsection applies where a partition fence required under this
chapter crosses a ditch or creek and it is impracticable to construct or
maintain that portion of the fence that crosses the ditch or creek as a
stationary fence. Instead of the portion of the fence that would cross the
ditch or creek, there shall be constructed, as a part of the partition fence,
floodgates or other similar structures that are sufficiently high, tight,
and strong to turn hogs, sheep, cattle, mules, and horses or other
domestic animals. The floodgates or other similar structures shall be
constructed to swing up in times of high water and to connect
continuously with the partition fences.
(k) This subsection applies if the building and maintenance of the
floodgates or other similar structure required under subsection (j) causes
additional expenses and the property owners cannot agree upon the
character of floodgates or other similar structure, or upon the
proportionate share of the cost to be borne by each property owner. The
township trustee, upon notice in writing from either property owner of
a disagreement and the nature of the disagreement, shall appoint three
(3) disinterested citizens of the township who shall determine the kind
of structure and apportion the cost of the floodgate or other structure
between the property owners, taking into consideration the parts of the
fence being maintained by each property owner.
(l) The determination of a majority of the arbitrators of any matter or
matters submitted to them under this section is final and binding on
each property owner. The compensation of the arbitrators is two dollars
($2) each, which shall be paid by the property owners in the proportion
each property owner is ordered to bear the expense of a gate or
structure.
(m) This subsection applies if either or both of the property owners
fail to construct or compensate for constructing the structure determined
upon by the arbitrators in the proportion determined within thirty (30)
days after the determination. The township trustee shall proceed at once
to construct the gate or structure and collect the cost of the gate or
structure, including the compensation of the arbitrators, from the
defaulting property owner in the same manner as is provided for
ordinary partition fences. The floodgate or other structure shall be
repaired, rebuilt, or replaced according to the determination of the
arbitrators.
SOURCE: IC 34-30-2-58; (06)CC000116.1.34. -->
SECTION 34. IC 34-30-2-58 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 58. IC 15-3-4-2
(Concerning township trustees, a consolidated city, or persons hired
by them for the removal of detrimental plants upon another person's real
property).
SOURCE: IC 36-2-9.5-10; (06)CC000116.1.35. -->
SECTION 35. IC 36-2-9.5-10, AS ADDED BY P.L.227-2005,
SECTION 16, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 10. (a) The county auditor shall
examine and settle all accounts and demands that are:
(1) chargeable against the county or city; and
(2) not otherwise provided for by statute.
(b) The county auditor shall issue warrants on the county or city
treasury for:
(1) sums of money settled and allowed by the county auditor;
(2) sums of money settled and allowed by another official; or
(3) settlements and allowances fixed by statute;
and shall make the warrants payable to the person entitled to payment.
The warrants shall be numbered progressively, and the controller
county auditor shall record the number, date, amount, payee, and
purpose of issue of each warrant at the time of issuance.
SOURCE: IC 36-2-9.5-13; (06)CC000116.1.36. -->
SECTION 36. IC 36-2-9.5-13, AS ADDED BY P.L.227-2005,
SECTION 16, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13. (a) The county auditor is
responsible for the issuance of warrants for payments from county and
city funds.
The signature of the county auditor may not be signed
on, imprinted on, or affixed to any warrant for the payment of
county or city funds without the approval of the county auditor.
(b) The county auditor is responsible for:
(1) accounting;
(2) payroll, accounts payable, and accounts receivable;
(3) revenue and tax distributions; and
(4) maintenance of property records;
for all city and county departments, offices, and agencies.
(c) The county auditor may take actions necessary to carry out
the functions under subsection (b) without the approval of the
controller of the consolidated city.
SOURCE: IC 36-2-15-5; (06)CC000116.1.37. -->
SECTION 37. 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, 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.
SOURCE: IC.36-3-1-6.1; (06)CC000116.1.38. -->
SECTION 38. IC.36-3-1-6.1, AS AMENDED BY HEA 1040-2006,
SECTION 560, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec..6.1. (a)
This section applies
only in a county containing a consolidated city. If the requirements of
subsection (g) are satisfied, The legislative body of the consolidated
city may adopt an ordinance approved by the mayor of the
consolidated city to consolidate the fire departments of the following
are consolidated into the fire department of a consolidated city (referred
to as "the consolidated fire department"):
(1) A township for which the consolidation is approved by the
township legislative body and trustee and the legislative body and
mayor of the located in a county having a consolidated city.
(2) Any fire protection territory established under IC 36-8-19 that
is located in a township described in subdivision (1). county
having a consolidated city.
(3) The territory in which an airport authority established for
a consolidated city under IC 8-22-3 may provide fire
protection services.
(b) The legislative body of the consolidated city may not adopt an
ordinance under subsection (a) unless the legislative body first:
(1) holds a public hearing on the proposed consolidation; and
(2) determines that:
(A) reasonable and adequate fire protection can be provided
through the consolidation; and
(B) the consolidation is in the public interest.
(c) If the requirements of subsections (a) and (b) are satisfied, the
following shall be submitted to the voters in a public question:
(1) The question of whether the fire departments shall be
consolidated.
(2) The following two (2) options regarding the governance
structure that shall apply if the fire departments are
consolidated:
(A) One (1) option must provide for a permanent
metropolitan board of fire commissioners with the powers
and duties specified in subsection (h) concerning the
consolidated fire department.
(B) The other option must provide for the consolidated fire
department to be under the control and authority of the
mayor as provided by law. The choice of which option shall
be implemented shall be determined by the voters in a public
question under subsection (g).
(d) If the requirements of subsections (a) and (b) are satisfied, the
mayor of the consolidated city shall prepare and disseminate to the
citizens a proposed transition plan providing for a consolidated fire
department to be under the control and authority of the mayor as
provided by law.
(e) If the requirements of subsections (a) and (b) are satisfied, a
metropolitan board of fire commissioners is established. The board
consists of the following members:
(1) The mayor of the consolidated city, who shall serve as the
board's chairperson.
(2) The nine (9) township trustees in the county containing a
consolidated city. If a member serving under this subdivision
ceases to be a township trustee, the new township trustee
becomes a member of the board in place of the previous
township trustee.
(3) Two (2) members of the legislative body of the consolidated
city, who must be from different political parties, appointed by
the president of the legislative body of the consolidated city.
At the board's first meeting, the members of the board shall elect
a vice chairperson from among the township trustees serving on
the board. Meetings of the board shall be called by the chairperson
or by the vice chairperson and any two (2) other members. An
affirmative vote of a majority of the members appointed to the
board is required for the board to take final action. The members
of the board may not receive a salary or per diem for participation
on the board. The board shall prepare and disseminate a proposed
transition plan providing that the board shall be a permanent body
and have the powers and duties specified in subsection (h). The
legislative body of the consolidated city shall provide personnel to
staff the board. The legislative body shall appropriate sufficient
funds to pay for attorneys hired or retained by the board. The
board shall choose the attorneys that are hired or retained by the
board. If the voters do not vote in favor of the board in the public
question under subsection (g), the board expires June 1, 2007.
(f) If:
(1) before August 1, 2006, the legislative body adopts an
ordinance under subsection (a);
(2) the mayor of the consolidated city approves the ordinance
adopted under subsection (a); and
(3) the public question under subsection (g) on whether the fire
department consolidation shall occur is approved;
the fire department consolidation becomes effective on January 1,
2008. However, notwithstanding any other statute, if the legislative
body does not adopt an ordinance, approved by the mayor of the
consolidated city, under subsection (a) before August 1, 2006, the
effective date of the consolidation is not January 1, 2008, but is
instead the date specified by the legislative body in the ordinance
adopting the transition plan.
(g) If an ordinance providing for consolidation is adopted by the
legislative body and approved by the mayor, the following public
questions shall be placed on the ballot:
(1) A public question regarding approval of the fire
department consolidation shall be placed on the ballot in the
county (except in an excluded city) at the May 2007 primary
election. The county election board shall specify the language
of the public question. If the majority of the voters voting on
the public question approve the fire department consolidation,
the fire department consolidation becomes effective on January
1, 2008, or the later date specified by the legislative body. If a
majority of the voters voting on the public question do not
approve the fire department consolidation, the requirements
of this subsection are not satisfied and none of the fire
departments of the townships in the county or any fire
protection territory in those townships may be consolidated
into the fire department of the consolidated city. The county
election board and the circuit court clerk of the county shall
provide for and conduct the public question under this section.
The public question under this subsection must be certified in
accordance with IC 3-10-9-3 and shall be placed on the ballot
in accordance with IC 3-10-9.
(2) A public question regarding which of the two (2) options
described in subsections (c)(2) shall be implemented if the fire
department consolidation is approved under subdivision (1)
shall also be placed on the ballot in the county (except in an
excluded city) at the May 2007 primary election. The county
election board shall specify the language of the public question.
If the majority of the voters voting on the public question
approve the option described in subsection (c)(2)(A), the board
shall be a permanent board with the powers specified in
subsection (h). If the majority of the voters voting on the public
question approve the option described in subsection (c)(2)(B),
the consolidated fire department shall instead be under the
control and authority of the mayor as provided by law. The
county election board and the circuit court clerk of the county
shall provide for and conduct the public question under this
section. The public question under this subsection must be
certified in accordance with IC 3-10-9-3 and shall be placed on
the ballot in accordance with IC 3-10-9.
(h) Subject to approval of the voters in the public question under
subsection (g)(2) if the fire departments are consolidated, the
board established under subsection (e) and the executive of the
consolidated city have the following duties and responsibilities:
(1) The board:
(A) must approve any station closings in areas formerly
served by township fire departments consolidated under this
section; and
(B) shall approve a plan to integrate all merit positions and
safety board positions into the consolidated fire department.
The board is not authorized to approve station closings within
the fire special service district. The mayor of the consolidated
city must approve all station closings within the fire special
service district.
(2) The board shall oversee all assets of the consolidated fire
department and reallocation of assets.
(3) The board must approve all equipment purchases for the
consolidated fire department and all facility purchases for the
consolidated fire department.
(4) The board shall nominate three (3) candidates for fire chief
of the consolidated fire department. The mayor shall select the
fire chief of the consolidated fire department from the
nominated candidates.
(5) The board shall permanently have the authority to appoint
one (1) member to the merit commission of the consolidated
fire department. A member of the merit commission appointed
under this subdivision shall replace a member appointed by the
mayor of the consolidated city. Each member of the merit
commission appointed under this subdivision shall serve a four
(4) year term. Notwithstanding any other law, the mayor shall
designate which of the mayor's appointees to the merit board
is removed from the merit board and replaced by the initial
member appointed under this subdivision.
(6) The controller of the consolidated city shall prepare a
budget proposal for the consolidated fire department. After
review and any modifications by the board, the controller shall
submit the budget proposal to the legislative body of the
consolidated city for approval.
(7) The board shall provide advice and make recommendations
to the chief of the consolidated fire department regarding the
operation of the consolidated fire department and the
provision of emergency medical services.
(8) The board shall review labor agreements assumed or to be
assumed by the consolidated city and make recommendations
concerning labor agreements needed to integrate firefighters
from all townships into the consolidated fire department.
(9) The board is a public agency for purposes of IC 5-14-1.5
and IC 5-14-3.
(10) The board shall meet at least once each month.
(11) The board shall nominate ranking officers who shall be in
charge of territory formerly served by township fire
departments consolidated under this section.
(12) The board shall review and approve the annual capital
plan of the consolidated fire department. However, the annual
capital plan of the consolidated fire department is subject to
approval of the legislative body of the consolidated city as part
of the consolidated city's budget.
(13) The board shall study ISO ratings throughout the county.
(14) The legislative body of the consolidated city shall include
funding in the consolidated city's budget that shall be used by
the board to coordinate community education programs.
If the voters under subsection (c)(1) vote in favor of the board, the
board is a permanent body and shall continue to exercise its
powers and carry out its duties under this subsection.
(i) If voters in the public question under subsection (g)(2)
approve a consolidated fire department under the control and
authority of the mayor, the consolidated fire department shall be
under the control and authority of the mayor as provided by law.
(b) If the requirements of subsection (g) are satisfied, (j) Except as
provided in section 6.3 of this chapter, if a consolidated fire
department is established under this section, the consolidated fire
department shall provide fire protection services within an entity
described in subsection (a)(1) or (a)(2) in which the requirements of
subsection (g) are satisfied the consolidated fire department taxing
district beginning on the date agreed to in the resolution of the
township legislative body and the ordinance of the legislative body of
the consolidated city. January 1, 2008, or the date specified under
subsection (e) by the legislative body of the consolidated city.
(c) (k) Except as otherwise provided, if the requirements of
subsection (g) are satisfied and the fire department departments of an
entity the entities listed in subsection (a) is are consolidated into the
fire department of the consolidated city, all of the property, equipment,
records, rights, and contracts of the department departments
consolidated into the fire department of the consolidated city are:
(1) transferred to; or
(2) assumed by;
the consolidated city on the effective date of the consolidation.
However, real property other than real property used as a fire station
may be transferred only on terms mutually agreed to by the legislative
body and mayor of the consolidated city and the trustee and legislative
body of the township in which that real property is located. January 1,
2008, or the date specified under subsection (e) by the legislative
body of the consolidated city. In the case of a building that was
partially funded from sources other than taxes imposed for fire
protection purposes, only that part of the building that was funded
from taxes imposed for fire protection purposes and that is used by
the township for fire protection purposes shall be transferred to
the consolidated city. Any balance in a township's cumulative
building and equipment fund for fire protection and related
services established under IC 36-8-14 before January 1, 2008, shall
not be transferred to the consolidated city but shall be transferred
first to a dedicated township fund and used to pay pension
obligations under the 1937 firefighters' pension fund, if the
township has any unfunded liability for pension obligations for
township firefighters under the 1937 firefighters' pension fund, and
if any balance remains after that transfer for pension obligations,
the remaining balance shall be transferred to any other cumulative
fund or rainy day fund established by the township before January
1, 2008. The balances in any funds established by a township for
any purpose are not transferred to the consolidated city. The
Emergency Services Education Center in Wayne Township shall
remain the property of Wayne Township. The Emergency Services
Education Center and any debt related to the Emergency Services
Education Center shall not be transferred to the consolidated city.
(d) (l) If the requirements of subsection (g) are satisfied and the fire
department departments of an entity the entities listed in subsection
(a) is are consolidated into the fire department of the consolidated city,
the employees of the fire department consolidated into the fire
department of the consolidated city cease employment with the
department of the entity listed in subsection (a) and become employees
of the consolidated fire department on the effective date of the
consolidation. January 1, 2008, or a later effective date of the
consolidation specified by the legislative body of the consolidated
city under subsection (e). However, an employee may not become
an employee of the consolidated fire department under this
subsection unless the employee has completed a criminal history
background check. The consolidated city shall assume all agreements
with labor organizations that:
(1) are in effect on the effective date of the consolidation; and
(2) apply to employees of the department consolidated into the fire
department of the consolidated city who become employees of the
consolidated fire department.
(e) (m) If the requirements of subsection (g) are satisfied and the fire
department departments of an entity the entities listed in subsection
(a) is are consolidated into the fire department of a consolidated city,
the indebtedness related to fire protection services facilities or fire
protection equipment incurred before the effective date of the
consolidation by the entity or a building, holding, or leasing corporation
on behalf of the entity whose fire department is consolidated into the
consolidated fire department under subsection (a) shall remain the debt
of the entity and does not become and may not be assumed, defeased,
paid, or refunded by the consolidated city and may be paid from
property taxes imposed by the consolidated fire department taxing
district. Indebtedness related to fire protection operations
(excluding indebtedness related to fire protection facilities or fire
protection equipment) that is incurred before the effective date of
the consolidation by the entity or a building, holding, or leasing
corporation on behalf of the entity whose fire department is
consolidated into the consolidated fire department under
subsection (a) shall remain the debt of the entity and does not
become and may not be assumed by the consolidated city.
Notwithstanding any other law, to assume, defease, pay, or refund
all or a part of the indebtedness related to fire protection facilities
or fire protection equipment, the consolidated city is not required
to comply with any other statutory procedures or approvals that
apply when a unit incurs indebtedness. However, the consolidated
city may not assume all or any part of the indebtedness that will
cause the consolidated city to exceed the limitations on the amount
of indebtedness that the consolidated city may incur. The rights of
the trustee and the bondholders with respect to any:
(1) bonds or other indebtedness; or
(2) bond resolution, trust agreement, or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness;
remain the same, although the powers, duties, agreements, and
liabilities of the entities listed in subsection (a) have been
transferred to the consolidated city, and the consolidated city shall
be considered to have assumed all of those powers, duties,
agreements, and liabilities. Indebtedness related to fire protection
services that is incurred by the consolidated city before the effective
date of the consolidation shall remain the debt of the consolidated city
and property taxes levied to pay the debt may only be levied by the fire
special service district.
(f) (n) If
the requirements of subsection (g) are satisfied and the fire
department departments of
an entity the entities listed in subsection
(a)
is are consolidated into the fire department of a consolidated city,
the merit board and the merit system of the fire
department
departments that
is are consolidated are dissolved on the effective date
of the consolidation, and the duties of the merit board are transferred to
and assumed by the merit board for the consolidated fire department on
the effective date of the consolidation.
(g) A township legislative body, after approval by the township
trustee, may adopt a resolution approving the consolidation of the
township's fire department with the fire department of the consolidated
city. A township legislative body may adopt a resolution under this
subsection only after the township legislative body has held a public
hearing concerning the proposed consolidation. The township legislative
body shall hold the hearing not earlier than thirty (30) days after the
date the resolution is introduced. The hearing shall be conducted in
accordance with IC 5-14-1.5 and notice of the hearing shall be
published in accordance with IC 5-3-1. If the township legislative body
has adopted a resolution under this subsection, the township legislative
body shall, after approval from the township trustee, forward the
resolution to the legislative body of the consolidated city. If such a
resolution is forwarded to the legislative body of the consolidated city
and the legislative body of the consolidated city adopts an ordinance,
approved by the mayor of the consolidated city, approving the
consolidation of the fire department of the township into the fire
department of the consolidated city, and the requirements of this
subsection are satisfied. The consolidation shall take effect on the date
agreed to by the township legislative body in its resolution and by the
legislative body of the consolidated city in its ordinance approving the
consolidation.
(h) (o) The following apply if the
requirements of subsection (g) are
satisfied: fire departments of the entities listed in subsection (a) are
consolidated into the fire department of a consolidated city:
(1) The consolidation of the fire department of that township is
effective on the date agreed to by the township legislative body in
the resolution and by the legislative body of the consolidated city
in its ordinance approving the consolidation.
(2) (1) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective date
of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the fire
department of a consolidated city under this section;
remains a member of the 1977 fund without being required to meet
the requirements under IC 36-8-8-19 and IC 36-8-8-21. The
firefighter shall receive credit for any service as a member of the
1977 fund before the consolidation to determine the firefighter's
eligibility for benefits under IC 36-8-8.
(3) (2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective date
of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the fire
department of a consolidated city under this section;
remains a member of the 1937 fund. The firefighter shall receive
credit for any service as a member of the 1937 fund before the
consolidation to determine the firefighter's eligibility for benefits
under IC 36-8-7.
(4) For property taxes first due and payable in the year in which the
consolidation is effective, the maximum permissible ad valorem
property tax levy under IC 6-1.1-18.5:
(A) is increased for the consolidated city by an amount equal to
the maximum permissible ad valorem property tax levy in the
year preceding the year in which the consolidation is effective for
fire protection and related services by the township whose fire
department is consolidated into the fire department of the
consolidated city under this section; and
(B) is reduced for the township whose fire department is
consolidated into the fire department of the consolidated city
under this section by the amount equal to the maximum
permissible ad valorem property tax levy in the year preceding
the year in which the consolidation is effective for fire protection
and related services for the township.
(5) The amount levied in the year preceding the year in which the
consolidation is effective by the township whose fire department is
consolidated into the fire department of the consolidated city for the
township's cumulative building and equipment fund for fire
protection and related services is transferred on the effective date
of the consolidation to the consolidated city's cumulative building
and equipment fund for fire protection and related services, which
is hereby established. The consolidated city is exempted from the
requirements of IC 36-8-14 and IC 6-1.1-41 regarding
establishment of the cumulative building and equipment fund for
fire protection and related services.
(6) (3) The local boards for the 1937 firefighters' pension fund and
the 1977 police officers' and firefighters' pension and disability
fund of the township entities listed in subsection (a) are dissolved,
and their services are terminated not later than the effective date of
the consolidation. The duties performed by the local boards under
IC 36-8-7 and IC 36-8-8, respectively, are assumed by the
consolidated city's local board for the 1937 firefighters' pension
fund and local board for the 1977 police officers' and firefighters'
pension and disability fund, respectively. Notwithstanding any
other provision, the legislative body of the consolidated city may
adopt an ordinance to adjust the membership of the consolidated
city's local board to reflect the consolidation.
(7) The consolidated city may levy property taxes within the
consolidated city's maximum permissible ad valorem property tax
levy limit to provide for the payment of the expenses for the
operation of the consolidated fire department. However, property
taxes to fund the pension obligation under IC 36-8-7 for members
of the 1937 firefighters fund who were employees of the
consolidated city at the time of the consolidation may be levied only
by the fire special service district within the fire special service
district. The fire special service district established under
IC 36-3-1-6 may levy property taxes to provide for the payment of
expenses for the operation of the consolidated fire department
within the territory of the fire special service district. Property taxes
to fund the pension obligation under IC 36-8-8 for members of the
1977 police officers' and firefighters' pension and disability fund
who were members of the fire department of the consolidated city
on the effective date of the consolidation may be levied only by the
fire special service district within the fire special service district.
Property taxes to fund the pension obligation for members of the
1937 firefighters fund who were not members of the fire
department of the consolidated city on the effective date of the
consolidation and members of the 1977 police officers' and
firefighters' pension and disability fund who were not members of
the fire department of the consolidated city on the effective date of
the consolidation may be levied by the consolidated city within the
city's maximum permissible ad valorem property tax levy.
However, these taxes may be levied only within the fire special
service district and any townships that have consolidated fire
departments under this section.
(8) (4) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before March
1 of the year in which the consolidation is effective and before
March 1 in each of the following two (2) years, to determine:
(A) the amount of any cost savings, operational efficiencies, or
improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluation and
performance audit must be provided to the legislative council in an
electronic format under IC 5-14-6 and to the state budget
committee.
SOURCE: IC.36-3-1-6.2; (06)CC000116.1.39. -->
SECTION 39. IC.36-3-1-6.2, AS ADDED BY P.L.227-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec..6.2. (a) If a consolidated fire
department is established under section 6.1 of this chapter, the
consolidated city, through the consolidated fire department, shall after
the consolidation establish, operate, and maintain emergency ambulance
services (as defined in IC.16-18-2-107) in the fire special service
district and in those townships in the county that are consolidated under
section 6.1 of this chapter. territory of the consolidated fire
department taxing district.
(b) This section does not prohibit the providing of emergency
ambulance services under an interlocal agreement under IC 36-1-7.
SOURCE: IC 36-3-1-6.3; (06)CC000116.1.40. -->
SECTION 40. IC 36-3-1-6.3 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6.3. (a) A consolidated fire department
may not provide fire protection services for:
(1) an excluded city; or
(2) a fire protection territory for which an excluded city is a
provider unit (as defined in IC 36-8-19-3);
unless the fire protection services are provided under an interlocal
agreement under IC 36-1-7 or the conditions in subsection (b) are
met.
(b) For the consolidated fire department to provide fire
protection services to an excluded city other than under an
interlocal agreement under IC 36-1-7, all the following must occur:
(1) The legislative body of the excluded city and the city-county
legislative body must adopt substantially similar ordinances
authorizing the consolidation of the fire department of the
excluded city into the consolidated fire department.
(2) The ordinances described in subdivision (1) must:
(A) specify the effective date of the consolidation; and
(B) set forth the conditions of the consolidation.
(c) After the effective date of the consolidation described in
subsection (b), the consolidated fire department shall provide fire
protection services within the territory of the excluded city.
(d) After the effective date of the consolidation described in
subsection (b) and except as otherwise provided, all the property,
equipment, records, rights, and contracts of the fire department of
the excluded city are transferred to and assumed by the
consolidated city. Any balance in an excluded city's cumulative
building and equipment fund for fire protection and related
services established under IC 36-8-14 before the effective date of
the consolidation shall not be transferred to the consolidated city
but shall be transferred first to a dedicated city fund and used to
pay pension obligations under the 1937 firefighters' pension fund,
if the excluded city has any unfunded liability for pension
obligations for its firefighters under the 1937 firefighters' pension
fund, and if any balance remains after that transfer for pension
obligations the remaining balance shall be transferred to any other
cumulative fund or rainy day fund established by the excluded city
before the effective date of the consolidation. The balances in any
funds established by an excluded city for any purpose are not
transferred to the consolidated city.
(e) After the effective date of the consolidation described in
subsection (b), the employees of the fire department of the excluded
city cease employment with the excluded city and become
employees of the consolidated fire department. 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 the effective date of the consolidation
described in subsection (b); and
(2) apply to employees of the fire department of the excluded
city who become employees of the consolidated fire
department.
However, an employee of the excluded city may not become an
employee of the consolidated fire department under this subsection
unless the employee has completed a criminal history background
check.
(f) Except as provided in subsection (h), the consolidated city
shall assume, defease, pay, or refund all indebtedness related to fire
protection facilities or fire protection equipment incurred before
the effective date of the consolidation described in subsection (b)
by:
(1) an excluded city; or
(2) a building, holding, or leasing corporation on behalf of an
excluded city;
whose fire department is consolidated into the consolidated fire
department under subsection (b). Indebtedness related to fire
protection operations (excluding indebtedness related to fire
protection facilities or fire protection equipment) that is incurred
before the effective date of the consolidation by the excluded city
whose fire department is consolidated into the consolidated fire
department shall remain the debt of the excluded city and does not
become and may not be assumed by the consolidated city.
(g) Notwithstanding any other law, to assume, defease, pay, or
refund all or a part of the indebtedness related to fire protection
facilities or fire protection equipment under subsection (f), the
consolidated city is not required to comply with any other
statutory procedures or approvals that apply when a unit incurs
indebtedness.
(h) Notwithstanding subsections (f) and (g), the consolidated city
may not assume all or a part of the indebtedness described in
subsection (f) that will cause the consolidated city to exceed the
limitations on the amount of indebtedness that the consolidated city
may incur.
(i) 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 (f);
remain the same, although the powers, duties, agreements, 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.
(j) Whenever an excluded city consolidates its fire department
into the consolidated fire department under subsection (b), the
local boards for the 1937 firefighters' pension fund and the 1977
police officers' and firefighters' pension and disability fund of the
excluded city are dissolved, and their services are terminated not
later than the effective date of the consolidation. The duties
performed by the local boards under IC 36-8-7 and IC 36-8-8,
respectively, are assumed by the consolidated city's local board for
the 1937 firefighters' pension fund and local board for the 1977
police officers' and firefighters' pension and disability fund,
respectively.
(k) Whenever an excluded city consolidates its fire department
into the consolidated fire department under subsection (b), the
merit board and merit system of the excluded city's fire
department are dissolved, and the duties of the excluded city's
merit board are transferred to and assumed by the merit board for
the consolidated fire department.
(l) Whenever an excluded city consolidates its fire department
into the consolidated fire department under subsection (b),
commencing with the calendar year following consolidation and for
each year thereafter, the excluded city's monthly distributive share
of county option income tax revenues distributed under
IC 6-3.5-6-18.5 shall be reduced by a percentage set forth in the
ordinances adopted under subsection (b), and those revenues shall
instead be distributed to the consolidated fire department taxing
district and deposited in the consolidated fire department taxing
district fund.
SOURCE: IC 36-3-1-6.4; (06)CC000116.1.41. -->
SECTION 41. IC 36-3-1-6.4 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 6.4. (a) This section applies only to a
county having a consolidated city and only if a consolidated fire
department is established in the county under section 6.1 of this
chapter.
(b) As used in this section, "taxing district" refers to the
consolidated fire department taxing district established in
subsection (c).
(c) If a consolidated fire department is established under section
6.1 of this chapter, the consolidated fire department taxing district
is established in the county. The taxing district consists of all
territory in the county except territory of an excluded city that has
not consolidated its fire department under section 6.3 of this
chapter.
(d) Subject to subsection (f), the taxing district shall levy a
property tax within the territory of the taxing district to pay for
the following:
(1) Providing fire protection services and emergency
ambulance services within the territory of the taxing district
and providing for the operation of the consolidated fire
department.
(2) Providing any equipment, buildings, or land that is
necessary for the consolidated fire department and for
providing fire protection services and emergency ambulance
services within the territory of the taxing district.
The property tax levy under this section is separate from other
property tax levies of the consolidated city, and a separate
maximum permissible property tax levy shall be collected for the
taxing district. All revenue collected from the tax levied under this
subsection shall be deposited in a consolidated fire department
fund.
(e) Subject to subsection (f), the taxing district shall levy a
property tax within the territory of the taxing district to pay for
the following:
(1) Any indebtedness related to fire protection facilities or fire
protection equipment assumed, defeased, paid, or refunded
under section 6.1 or 6.3 of this chapter.
(2) Any indebtedness issued by the consolidated city, either
before or after the consolidated fire department is established,
to pay for fire protection services, emergency services, or
equipment, buildings, or land related to fire protection services
or emergency medical services.
The property tax levy collected under this subsection shall be
deposited in a consolidated fire department debt service fund.
(f) This subsection applies only during the first four (4) calendar
years that the taxing district levies a property tax under this
section. Notwithstanding any other statute, the total property tax
rate imposed by the taxing district for a year in those parts of the
taxing district that are within a particular township, but not within
the boundaries of the fire special service district, may not exceed
the total property tax rate imposed by the township (and a fire
protection territory in the township) for fire protection services
(including property taxes imposed for debt related to fire
protection services) in the year preceding the year in which the
taxing district first levies a property tax under this section.
(g) Money in the consolidated fire department fund shall be used
for the purposes described in subsection (d), and money in the
consolidated fire department debt service fund shall be used for the
purposes described in subsection (e). The controller of the
consolidated city shall administer the funds and is responsible for
the issuance of warrants for payments from the funds.
(h) Property taxes to fund the pension obligation under IC 36-8-7
for members of the 1937 firefighters fund who are employees or
retired employees of the consolidated city on the later of December
31, 2007, or the day preceding the effective date of the
consolidation specified under IC 36-3-1-6.1 by the legislative body
of the consolidated city may be levied only by the fire special
service district created by section 6 of this chapter within the
territory of the fire special service district and may not be levied by
the taxing district.
(i) In the case of a township or an excluded city that consolidates
its fire department under this section:
(1) the liability for the payment of pension obligations under
IC 36-8-7 for members of the 1937 firefighters fund who are
employees or retired employees of the township or excluded
city at the time of the consolidation remains with the township
or excluded city; and
(2) property taxes to fund the township's or excluded city's
pension obligation described in subdivision (1) may be imposed
by the township or excluded city only within the township or
excluded city.
(j) For property taxes first due and payable in the first calendar
year in which property taxes are imposed under this section in the
taxing district, the maximum permissible ad valorem property tax
levy of the taxing district under IC 6-1.1-18.5 is equal to the sum
of:
(1) the sum of the property tax levies for taxes first due and
payable in the preceding year for fire protection and related
services (excluding debt) by each:
(A) township;
(B) airport authority; or
(C) fire protection territory;
whose fire department is consolidated into the fire department
of the consolidated city under section 6.1 of this chapter,
excluding amounts paid for pension obligations under
IC 36-8-7 for members of the 1937 firefighters fund;
(2) the amount paid from the consolidated city's property tax
levy during the preceding year for fire protection and related
services (excluding debt); and
(3) the amount paid from the fire special service district's
property tax levy during the preceding year for fire protection
and related services, excluding amounts paid from the fire
special service district's property tax levy to pay the
consolidated city's pension obligation under IC 36-8-7 for
members of the 1937 firefighters' pension fund.
However, the department of local government finance shall adjust
any budgets, tax rates, and tax levies of the consolidated city,
townships in the county, the taxing district, excluded cities that
have consolidated fire departments under section 6.3 of this
chapter, and the airport authority as necessary to reflect the
establishment of a consolidated fire department.
(k) For property taxes first due and payable in the first calendar
year in which property taxes are imposed under this section in the
taxing district, the maximum permissible ad valorem property tax
levy under IC 6-1.1-18.5:
(1) is decreased for each township, the airport authority, and
any fire protection territory by the amount included in the
taxing district's maximum permissible ad valorem property tax
levy under subsection (j)(1) from the township, airport
authority, or fire protection territory;
(2) is decreased for the consolidated city by the amount
included in the taxing district's maximum permissible ad
valorem property tax levy under subsection (j)(2); and
(3) is decreased for the fire special service district by an
amount equal to the amount included in the taxing district's
maximum permissible ad valorem property tax levy under
subsection (j)(3).
(l) The maximum levy for a consolidated city is increased for
property taxes first due and payable in the year that property
taxes are first imposed under this section and each subsequent
calendar year by an amount equal to the lesser of:
(1) the difference between:
(A) the maximum levy for the current year for the
consolidated city's fire special service district created under
section 6 of this chapter; and
(B) the amount levied for the current year for the fire special
service district; or
(2) ten percent (10%) of the maximum levy for the
consolidated city's fire special service district created under
section 6 of this chapter for property taxes first due and
payable in the year that property taxes are first imposed under
this section.
SOURCE: IC 36-3-2-3.5; (06)CC000116.1.42. -->
SECTION 42. IC 36-3-2-3.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 3.5. (a) This section applies if:
(1) a township fire department, fire protection district, or fire
protection territory is consolidated into the fire department of
a consolidated city under IC 36-3-1-6.1; and
(2) the township fire department, fire protection district, or fire
protection territory has at least one (1) full-time, fully paid
firefighter.
(
b) A firefighter described in subsection (a)(2) is entitled to
employment as a full-time, fully paid firefighter of the fire
department of the consolidated city at not less than:
(1) the same merit or permanent rank; or
(2) a rank in the merit system of the fire department of a
consolidated city that is equivalent to the merit or permanent
rank;
that the firefighter held on the later of the date this section was
enacted into law or the date the firefighter fills a vacant position
through a merit testing process. Ranks achieved after the passage
of Senate Enrolled Act 1 of the 2006 regular session of the general
assembly may be reviewed by the merit board to determine if those
ranks were achieved through a bona fide merit process.
(c) The fire department of:
(1) the consolidated city; and
(2) the township, fire protection district, or fire protection
territory;
may not reduce or terminate the employment or benefits of a
full-time, fully paid firefighter who is employed before the effective
date of the consolidation because of or to facilitate the
consolidation, except as negotiated in an agreement between the
consolidated city and the bargaining unit representing firefighters.
(d) This section does not prohibit a fire department, fire
protection district, or fire protection territory from taking
disciplinary action for cause against a full-time, fully paid
firefighter, including suspending, reducing in rank, or discharging
the firefighter.
(e) This section does not apply to a firefighter employed by the
airport authority on the effective date of the consolidation.
SOURCE: IC 36-3-2-12; (06)CC000116.1.43. -->
SECTION 43. IC 36-3-2-12 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 12. (a) This section applies after June 30,
2006. This section applies to all political subdivisions in Marion
County.
(b) As used in this section, "relative" means:
(1) a husband;
(2) a wife;
(3) a father;
(4) a mother;
(5) a son or son-in-law;
(6) a daughter or daughter-in-law;
(7) a brother;
(8) a sister;
(9) an aunt;
(10) an uncle;
(11) a niece; or
(12) a nephew.
(c) An individual who is a relative of a member of a board,
committee, council, or commission or the head of any office,
department, or institution may not:
(1) be employed in any position with the:
(A) board, committee, council, or commission of which the
individual's relative is a member; or
(B) office, department, or institution that is headed by the
individual's relative; or
(2) receive any compensation as an employee for services from
any appropriation by a political subdivision subject to this
chapter.
(d) An individual may not be employed in a position in which the
individual would have a direct supervisory or subordinate
relationship with the individual's relative.
(e) This section does not apply to the following:
(1) An individual employed in the same position with the
board, committee, council, commission, office, department, or
institution for at least twelve (12) consecutive months
immediately before the appointment or election of the
individual's relative as a member of the board, committee,
council, or commission or head of the office, department, or
institution.
(2) The employment of any law enforcement officer or
firefighter who is under the jurisdiction of a merit commission
established under IC 36-8-3.5.
(f) This section does not require the termination or reassignment
of any employee of a political subdivision from any position held by
that individual on and continuously after June 30, 2006.
SOURCE: IC 36-3-5-2.7; (06)CC000116.1.44. -->
SECTION 44. IC 36-3-5-2.7, AS ADDED BY P.L.227-2005,
SECTION 24, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec..2.7. (a) The office of finance
and management is established and is responsible for:
(1) budgeting, except as provided in subsection (c);
(2) financial reporting and audits;
(3) purchasing; and
(4) fixed assets;
for all city and county departments, offices, and agencies.
(b) The controller:
(1) serves as the director of; and
(2) may organize into divisions;
the office of finance and management.
(c) The office of finance and management is not responsible for the
issuance of warrants for payments from county and city funds. A
person may not sign or imprint the signature of the county auditor
on, or affix the signature of the county auditor to, any warrant for
the payment of county or city funds without the approval of the
county auditor.
SOURCE: IC 36-3-5-2.8; (06)CC000116.1.45. -->
SECTION 45. IC 36-3-5-2.8, AS ADDED BY P.L.227-2005,
SECTION 25, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.8. (a) Except as provided in
subsections (b),
and (c),
(d), and (e), the controller:
(1) has all the powers; and
(2) performs all the duties;
of the county auditor under law.
(b) The controller:
(1) does not have the powers; and
(2) may not perform the duties;
of the county auditor under IC 36-2-9.5 and IC 36-3-6, or as a member
of the board of commissioners of the county under IC.36-3-3-10.
(c) Notwithstanding subsection (a) or any other law, the executive,
with the approval of the legislative body, may allocate the duties of the
county auditor, except the duties referred to in subsection (b), among:
(1) the controller;
(2) the county assessor;
(3) the county auditor; or
(4) other appropriate city or county officials.
(d) The county auditor is responsible for the payroll functions
and duties for all city and county departments, offices, and
agencies, and the controller may not perform these functions and
duties, except as requested by the county auditor.
(e) The approval of the controller is not required for a human
resources policy or personnel policy established under IC 36-3-7-6
by an elected county officer.
SOURCE: IC 36-3-6-4.1; (06)CC000116.1.46. -->
SECTION 46. IC 36-3-6-4.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.1. Notwithstanding IC 36-8-7, if a
consolidated fire department is established under IC 36-3-1-6.1,
the city-county legislative body shall adopt an ordinance to levy a
property tax only within the fire special service district in the
amount and at the rate necessary to produce sufficient revenue to
pay amounts required to satisfy the consolidated city's 1937
firefighters' pension fund obligations under IC 36-8-7-14 for
persons who are employees or retired employees of the
consolidated city on the later of December 31, 2007, or the day
preceding the effective date of the consolidation specified under
IC 36-3-1-6.1 by the legislative body of the consolidated city.
SOURCE: IC 36-3-7-6; (06)CC000116.1.47. -->
SECTION 47. IC 36-3-7-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. Each elected county officer is
responsible for establishing the human resources policies and
personnel policies that apply to employees of the county officer. An
elected county officer may establish these policies without the
approval of any other person, except for approval of the county
legislative body required under IC 36-3-6 for compensation of
employees.
SOURCE: IC 36-3-7-7; (06)CC000116.1.48. -->
SECTION 48. IC 36-3-7-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) Notwithstanding any other law, the
consolidated city may issue obligations to refund obligations issued
before the effective date of a consolidation under IC 36-3-1-6.1, 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;
to satisfy the requirements of IC 36-3-1-6.1.
(b) Notwithstanding any other law, the consolidated city may
issue obligations to refund obligations issued before the effective
date of a consolidation under IC 36-3-1-6.3 by:
(1) an excluded city; or
(2) a building, holding, or leasing corporation on behalf of an
excluded city;
to satisfy the requirements of IC 36-3-1-6.3.
SOURCE: IC 36-3-8; (06)CC000116.1.49. -->
SECTION 49. IC 36-3-8 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 8. Township Review Board
Sec. 1. This chapter applies only to a county containing a
consolidated city.
Sec. 2. As used in this chapter, "board" refers to the township
review board established by section 3 of this chapter.
Sec. 3. The township review board is established.
Sec. 4. (a) The board consists of the following members:
(1) The deputy mayor for public and neighborhood affairs of
the consolidated city.
(2) The township trustee of each of the nine (9) townships in
the county.
(3) Two (2) members, who must represent different political
parties, appointed by the president of the city-county council.
(4) One (1) member appointed by the mayor of the
consolidated city upon the recommendation of the president
of the Marion County Alliance of Neighborhood Associations.
(5) One (1) member appointed by the mayor of the
consolidated city upon the recommendation of the president
of the Greater Indianapolis Chamber of Commerce.
(6) One (1) member appointed by the secretary of the Indiana
family and social services administration.
(b) An appointing authority must make appointments under
subsection (a) not later than July 1, 2006.
(c) The deputy mayor for public and neighborhood affairs must
call the first meeting of the board before August 1, 2006. At the
first meeting of the board, the members of the board shall elect a
chairperson.
(d) If a member ceases to be employed in the position or hold the
office required for appointment to the board, the member ceases
to be a member of the board, and the original appointing authority
shall appoint an individual to serve on the board for the remainder
of the board's term.
Sec. 5. (a) A majority of the members appointed to and serving
on the board constitutes a quorum for a meeting of the board.
(b) The affirmative vote of a majority of the members appointed
to and serving on the board is necessary for the board to take
official action.
(c) The board shall meet on the call of the chairperson.
Sec. 6. Members of the board are not entitled to any salary or
per diem for participation on the board.
Sec. 7. The board shall do the following:
(1) Conduct field studies and audits to determine how best to
serve constituents throughout the county after the
consolidation, joint performance, or transfer of city, county,
and township functions, taking into account the efficiencies
that may be achieved.
(2) Make recommendations concerning the number and
location of community resource centers in the county.
(3) Identify city and township services that may be provided
jointly or through interlocal cooperation agreements, and
make recommendations concerning the joint location of those
services with other federal, state, or local government
agencies.
(4) Identify which of the services provided by the township
trustees or recommended to be transferred to township
trustees may be located in the community resource centers.
(5) Develop a community education plan to familiarize citizens
with the provision of services by various methods throughout
the county.
(6) Review functions performed in the county by township
trustees under IC 36-6-4-3 and make recommendations
concerning any statutory changes necessary to achieve
greater efficiency and lower costs in the provision of those
services.
(7) Identify any services performed by the state under IC 12-8
that should be transferred to or administered jointly with
townships in the county.
(8) Review the operation of small claims courts in the county.
(9) Study and make recommendations concerning the role and
composition of the existing township board structure.
(10) Provide a report before December 31 of each year to the
legislative body of the county containing a consolidated city
and in an electronic format under IC 5-14-6 to the legislative
council.
Sec. 8. (a) The board is abolished December 31, 2008.
(b) This chapter expires January 1, 2009.
SOURCE: IC 36-6-4-3; (06)CC000116.1.50. -->
SECTION 50. IC 36-6-4-3, AS AMENDED BY P.L.73-2005,
SECTION 173, AND AS AMENDED BY P.L.227-2005, SECTION
36, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2007]: Sec. 3. The executive shall do the
following:
(1) Keep a written record of official proceedings.
(2) Manage all township property interests.
(3) Keep township records open for public inspection.
(4) Attend all meetings of the township legislative body.
(5) Receive and pay out township funds.
(6) Examine and settle all accounts and demands chargeable
against the township.
(7) Administer
poor relief township assistance under IC 12-20
and IC 12-30-4.
(8) Perform the duties of fence viewer under IC 32-26,
except in
a township that is located in a county having a consolidated
city as provided in IC 32-26-9.
(9) Act as township assessor when required by IC 36-6-5.
(10) Provide and maintain cemeteries under IC 23-14.
(11) Provide fire protection under IC 36-8,
except in a township
that:
(A) is located in a county having a consolidated city; and
(B) consolidated the township's fire department under
IC 36-3-1-6.1.
(12) File an annual personnel report under IC 5-11-13.
(13) Provide and maintain township parks and community centers
under IC 36-10, except in a township that is located in a county
having a consolidated city.
(14) Destroy detrimental plants, noxious weeds, and rank
vegetation under IC 15-3-4, except in a township that is located
in a county having a consolidated city.
(15) Provide insulin to the poor under IC 12-20-16.
(16) Perform other duties prescribed by statute.
SOURCE: IC 36-6-4-8; (06)CC000116.1.51. -->
SECTION 51. IC 36-6-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The
executive may use the township's share of state, county, and township
tax revenues and federal revenue sharing funds for all categories of
community services, if these funds are appropriated for these services
by the township legislative body. The executive may use these funds for
both operating and capital expenditures.
(b) With the consent of the township legislative body, the executive
may contract with corporations for health and community services not
specifically provided by another governmental entity.
(c) Except in a township located in a county having a
consolidated city after the effective date of the consolidation of fire
departments under IC 36-3-1-6.1, the executive may contract with a
private person to provide regular or emergency ambulance service
within the township. The contract may provide for the imposition and
collection of fees for this service.
(d) Except in a township located in a county having a
consolidated city after the effective date of the consolidation of fire
departments under IC 36-3-1-6.1, the township legislative body may
adopt a resolution to provide for the imposition and collection of fees
for ambulance services provided by the township police or fire
department.
SOURCE: IC 36-6-5-3; (06)CC000116.1.52. -->
SECTION 52. 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 located in a county having a consolidated city,
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 36-6-6-2; (06)CC000116.1.53. -->
SECTION 53. IC 36-6-6-2, AS AMENDED BY P.L.240-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 2. (a) Except as provided in subsection (b) and
section 2.1 of this chapter, a three (3) member township board shall be
elected under IC 3-10-2-13 by the voters of each township.
(b) The township board in a county containing a consolidated city
shall consist of seven (7) five (5) members elected under IC 3-10-2-13
by the voters of each township.
(c) The township board is the township legislative body.
(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.
SOURCE: IC 36-8-4.3-1; (06)CC000116.1.54. -->
SECTION 54. IC 36-8-4.3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter
applies to a police or fire special service district created by IC 36-3-1-6
and to a consolidated fire department established under
IC 36-3-1-6.1.
SOURCE: IC 36-8-4.3-2; (06)CC000116.1.55. -->
SECTION 55. IC 36-8-4.3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A special
service district or a consolidated fire department established under
IC 36-3-1-6.1 shall pay for the care of:
(1) a full-time, paid police officer who:
(A) suffers an injury; or
(B) contracts an illness;
during the performance of the officer's duty; or
(2) a full-time, paid firefighter who:
(A) suffers an injury; or
(B) contracts an illness;
during the performance of the firefighter's duty.
(b) The special service district or the consolidated fire department
established under IC 36-3-1-6.1 shall pay for the following expenses
incurred by a police officer or firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents and
means.
(3) X-ray, diagnostic, and therapeutic service, including during the
recovery period.
(4) Hospital and special nursing care if the physician or surgeon
in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from the
general fund of the special service district.
(d) A special service district or a consolidated fire department
established under IC 36-3-1-6.1 that has paid for the care of a police
officer or firefighter under subsection (a) has a cause of action for
reimbursement of the amount paid under subsection (a) against any
third party against whom the police officer or firefighter has a cause of
action for an injury sustained because of, or an illness caused by, the
third party. The special service district's or consolidated fire
department's cause of action under this subsection is in addition to,
and not in lieu of, the cause of action of the police officer or firefighter
against the third party.
SOURCE: IC 36-8-8-1; (06)CC000116.1.56. -->
SECTION 56. IC 36-8-8-1, AS AMENDED BY P.L.227-2005,
SECTION 46, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter applies to:
(1) full-time police officers hired or rehired after April 30, 1977,
in all municipalities, or who converted their benefits under
IC 19-1-17.8-7 (repealed September 1, 1981);
(2) full-time fully paid firefighters hired or rehired after April 30,
1977, or who converted their benefits under IC 19-1-36.5-7
(repealed September 1, 1981);
(3) a police matron hired or rehired after April 30, 1977, and
before July 1, 1996, who is a member of a police department in a
second or third class city on March 31, 1996;
(4) a park ranger who:
(A) completed at least the number of weeks of training at the
Indiana law enforcement academy or a comparable law
enforcement academy in another state that were required at the
time the park ranger attended the Indiana law enforcement
academy or the law enforcement academy in another state;
(B) graduated from the Indiana law enforcement academy or a
comparable law enforcement academy in another state; and
(C) is employed by the parks department of a city having a
population of more than one hundred twenty thousand
(120,000) but less than one hundred fifty thousand (150,000);
(5) a full-time fully paid firefighter who is covered by this chapter
before the effective date of consolidation and becomes a member
of the fire department of a consolidated city under IC 36-3-1-6.1
provided that or IC 36-3-1-6.3; however, the firefighter's service
as a member of the fire department of a consolidated city is
considered active service under this chapter;
(6) except as otherwise provided, a full-time fully paid firefighter
who is hired or rehired after the effective date of the consolidation
by a consolidated fire department established under IC 36-3-1-6.1;
(7) a full-time police officer who is covered by this chapter before
the effective date of consolidation and becomes a member of the
consolidated law enforcement department as part of the
consolidation under IC 36-3-1-5.1, provided that the officer's
service as a member of the consolidated law enforcement
department is considered active service under this chapter; and
(8) except as otherwise provided, a full-time police officer who is
hired or rehired after the effective date of the consolidation by a
consolidated law enforcement department established under
IC 36-3-1-5.1;
except as provided by section 7 of this chapter.
SOURCE: IC 36-8-8-2.1; (06)CC000116.1.57. -->
SECTION 57. IC 36-8-8-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.1. (a) As used in
this chapter, "local board" means the following:
(1) For a unit that established a 1925 fund for its police officers,
the local board described in IC 36-8-6-2.
(2) Except as provided in subdivision (3), for a unit that
established a 1937 fund for its firefighters, the local board
described in IC 36-8-7-3.
(3) For a unit that established a 1937 fund for its firefighters
and consolidates its fire department into the fire department
of a consolidated city under IC 36-3-1-6.1 or IC 36-3-1-6.3:
(A) before the date the consolidation is effective, the local
board described in IC 36-8-7-3; and
(B) on and after the date the consolidation is effective, the
local board of the consolidated city established under
IC 36-8-7-3.
(3) (4) For a consolidated city that established a 1953 fund for its
police officers, the local board described in IC 36-8-7.5-2.
(4) (5) For a unit, other than a consolidated city, that did not
establish a 1925 fund for its police officers or a 1937 fund for its
firefighters, the local board described in subsection (b) or (c).
(b) If a unit did not establish a 1925 fund for its police officers, a
local board shall be composed in the same manner described in
IC 36-8-6-2(b). However, if there is not a retired member of the
department, no one shall be appointed to that position until such time
as there is a retired member.
(c) Except as provided in subsection (d), if a unit did not establish
a 1937 fund for its firefighters, a local board shall be composed in the
same manner described in IC 36-8-7-3(b). However, if there is not a
retired member of the department, no one shall be appointed to that
position until such time as there is a retired member.
(d) If a unit located in a county containing a consolidated city
did not establish a 1937 fund for its firefighters and consolidates its
fire department into the fire department of the consolidated city
under IC 36-3-1-6.1 or IC 36-3-1-6.3, the local board is:
(1) before the effective date of the consolidation, the local
board described in IC 36-8-7-3; and
(2) on and after the effective date of the consolidation, the
local board of the consolidated city established under
IC 36-8-7-3.
SOURCE: IC 36-8-8-7; (06)CC000116.1.58. -->
SECTION 58. IC 36-8-8-7, AS AMENDED BY HEA 1040-2006,
SECTION 575, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Except as provided in
subsections (d), (e), (f), (g), (h), (k), (l), and (m):
(1) a police officer; or
(2) a firefighter;
who is less than thirty-six (36) years of age and who passes the baseline
statewide physical and mental examinations required under section 19
of this chapter shall be a member of the 1977 fund and is not a member
of the 1925 fund, the 1937 fund, or the 1953 fund.
(b) A police officer or firefighter with service before May 1, 1977,
who is hired or rehired after April 30, 1977, may receive credit under
this chapter for service as a police officer or firefighter prior to entry
into the 1977 fund if the employer who rehires the police officer or
firefighter chooses to contribute to the 1977 fund the amount necessary
to amortize the police officer's or firefighter's prior service liability over
a period of not more than forty (40) years, the amount and the period to
be determined by the PERF board. If the employer chooses to make the
contributions, the police officer or firefighter is entitled to receive credit
for the police officer's or firefighter's prior years of service without
making contributions to the 1977 fund for that prior service. In no event
may a police officer or firefighter receive credit for prior years of
service if the police officer or firefighter is receiving a benefit or is
entitled to receive a benefit in the future from any other public pension
plan with respect to the prior years of service.
(c) Except as provided in section 18 of this chapter, a police officer
or firefighter is entitled to credit for all years of service after April 30,
1977, with the police or fire department of an employer covered by this
chapter.
(d) A police officer or firefighter with twenty (20) years of service
does not become a member of the 1977 fund and is not covered by this
chapter, if the police officer or firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(e) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) was rehired after April 30, 1977, but before February 1, 1979;
and
(4) was made, before February 1, 1979, a member of a 1925,
1937, or 1953 fund.
(f) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired by the police or fire department of a unit before May
1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) is rehired by the police or fire department of another unit after
December 31, 1981; and
(4) is made, by the fiscal body of the other unit after December 31,
1981, a member of a 1925, 1937, or 1953 fund of the other unit.
If the police officer or firefighter is made a member of a 1925, 1937, or
1953 fund, the police officer or firefighter is entitled to receive credit for
all the police officer's or firefighter's years of service, including years
before January 1, 1982.
(g) As used in this subsection, "emergency medical services" and
"emergency medical technician" have the meanings set forth in
IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
(1) is employed by a unit that is participating in the 1977 fund;
(2) was employed as an emergency medical technician by a
political subdivision wholly or partially within the department's
jurisdiction;
(3) was a member of the public employees' retirement fund during
the employment described in subdivision (2); and
(4) ceased employment with the political subdivision and was
hired by the unit's fire department due to the reorganization of
emergency medical services within the department's jurisdiction;
shall participate in the 1977 fund. A firefighter who participates in the
1977 fund under this subsection is subject to sections 18 and 21 of this
chapter.
(h) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the individual was
appointed as:
(1) a fire chief under a waiver under IC 36-8-4-6(c); or
(2) a police chief under a waiver under IC 36-8-4-6.5(c);
unless the executive of the unit requests that the 1977 fund accept the
individual in the 1977 fund and the individual previously was a member
of the 1977 fund.
(i) A police matron hired or rehired after April 30, 1977, and before
July 1, 1996, who is a member of a police department in a second or
third class city on March 31, 1996, is a member of the 1977 fund.
(j) A park ranger who:
(1) completed at least the number of weeks of training at the
Indiana law enforcement academy or a comparable law
enforcement academy in another state that were required at the
time the park ranger attended the Indiana law enforcement
academy or the law enforcement academy in another state;
(2) graduated from the Indiana law enforcement academy or a
comparable law enforcement academy in another state; and
(3) is employed by the parks department of a city having a
population of more than one hundred twenty thousand (120,000)
but less than one hundred fifty thousand (150,000);
is a member of the fund.
(k) Notwithstanding any other provision of this chapter, a police
officer or firefighter:
(1) who is a member of the 1977 fund before a consolidation
under IC 36-3-1-5.1, or IC 36-3-1-6.1, or IC 36-3-1-6.3;
(2) whose employer is consolidated into the consolidated law
enforcement department or the fire department of a consolidated
city under IC 36-3-1-5.1, or IC 36-3-1-6.1, or IC 36-3-1-6.3; and
(3) who, after the consolidation, becomes an employee of the
consolidated law enforcement department or the consolidated fire
department under IC 36-3-1-5.1, or IC 36-3-1-6.1, or
IC 36-3-1-6.3;
is a member of the 1977 fund without meeting the requirements under
sections 19 and 21 of this chapter.
(l) Notwithstanding any other provision of this chapter, if:
(1) before a consolidation under IC 8-22-3-11.6 a police officer or
firefighter provides law enforcement services or fire protection
services for an entity in a consolidated city;
(2) the provision of those services is consolidated into the
consolidated law enforcement department or the fire department
of a consolidated city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and
(3) after the consolidation, the police officer or firefighter becomes
an employee of the consolidated law enforcement department or
the consolidated fire department under IC 8-22-3-11.6;
the police officer or firefighter is a member of the 1977 fund without
meeting the requirements under sections 19 and 21 of this chapter.
(m) A police officer or firefighter who is a member of the 1977 fund
under subsection (k) or (l):
(1) may not be:
(1) (A) retired for purposes of section 10 of this chapter; or
(2) (B) disabled for purposes of section 12 of this chapter;
solely because of a change in employer under the consolidation;
and
(2) shall receive credit for all years of service as a member of
the 1977 fund before the consolidation described in subsection
(k) or (l).
SOURCE: IC 36-8-14-1; (06)CC000116.1.59. -->
SECTION 59. IC 36-8-14-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter
applies to all units except counties. However, this chapter applies to
a county containing a consolidated city if a consolidated fire
department is established under IC 36-3-1-6.1.
SOURCE: IC 36-8-14-4; (06)CC000116.1.60. -->
SECTION 60. IC 36-8-14-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) To provide
for the cumulative building and equipment fund established under this
chapter, the legislative body may levy a tax on all taxable property
within the taxing district unit, fire protection district, or territory of
a consolidated fire department taxing district in compliance with
IC 6-1.1-41. The tax rate may not exceed three and thirty-three
hundredths cents ($0.0333) on each one hundred dollars ($100) of
assessed valuation of property in the taxing district. unit, fire
protection district, or consolidated fire department taxing district.
(b) As the tax is collected, it shall be deposited in a qualified public
depository or depositories and held in a special fund to be known as:
(1) the "building or remodeling, firefighting, and police radio
equipment fund" in the case of a municipality or consolidated
fire department taxing district; or as
(2) the "building or remodeling and fire equipment fund" in the
case of a township or fire protection district.
(c) Notwithstanding IC 6-1.1-41 or any other law, if a
consolidated fire department is established under IC 36-3-1-6.1:
(1) a cumulative building and equipment fund is established
for the county containing a consolidated city; and
(2) the legislative body of the county containing a consolidated
city may levy a tax under this chapter beginning in the
calendar year following the year in which the consolidated fire
department is established.
A tax levied under this chapter by a county containing a
consolidated city may only be levied within the territory of the
consolidated fire department taxing district.
SOURCE: IC 36-10-7-1; (06)CC000116.1.61. -->
SECTION 61. IC 36-10-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 1.
(a) Except as
provided in subsection (b), this chapter applies to the townships
indicated in each section.
(b) After December 31, 2006:
(1) this chapter does not apply to a township in a county
having a consolidated city; and
(2) all powers and duties related to parks and recreation of
the townships shall be transferred to the consolidated city.
SOURCE: IC 36-10-7.5-1; (06)CC000116.1.62. -->
SECTION 62. IC 36-10-7.5-1 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. a
township.
(b) After December 31, 2006:
(1) this chapter does not apply to a township in a county
having a consolidated city; and
(2) all powers and duties related to parks and recreation of
the townships shall be transferred to the consolidated city.
SOURCE: ; (06)CC000116.1.63. -->
SECTION 63. [EFFECTIVE JULY 1, 2006] (a) This SECTION
applies only to a township in a county having a consolidated city.
(b) IC 36-6-6-2, as amended by this act, does not affect the term
of a township legislative body member that expires on January 1,
2009.
(c) After June 30, 2006, a township legislative body shall adopt
a resolution under IC 36-6-6-2.5, dividing the township into five (5)
legislative body districts in accordance with IC 36-6-6-2, as
amended by this act. A five (5) member township legislative body
shall be elected in accordance with IC 36-6-6-2, as amended by this
act, at the 2008 general election.
(d) This SECTION expires January 1, 2009.
SOURCE: ; (06)CC000116.1.64. -->
SECTION 64. [EFFECTIVE JANUARY 1, 2007] (a) All assets,
property rights, equipment, records, personnel, and contracts and
all else connected with:
(1) providing and maintaining parks and community centers
under IC 36-10-7 and IC 36-10-7.5;
(2) administering the dog tax and dog fund under IC 15-5-9;
(3) performing duties regarding fences under IC 32-26; and
(4) destroying detrimental plants, noxious weeds, and rank
vegetation under IC 15-3-4;
by a township in a county having a consolidated city are
transferred to the consolidated city on January 1, 2007.
(b) Any indebtedness regarding the activities set forth in
subsection (a)(1) through (a)(5) that was incurred by a township
before January 1, 2007, shall be assumed or defeased by the
consolidated city, notwithstanding any other provision of Indiana
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.
(c) The ad valorem property tax levy limits imposed by
IC 6-1.1-18.5 do not apply to ad valorem property taxes imposed
by a consolidated city to pay or fund any indebtedness assumed,
defeased, paid, or refunded under subsection (b).
SOURCE: ; (06)CC000116.1.65. -->
SECTION 65. [EFFECTIVE JULY 1, 2006] (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 by each township in the county having a consolidated
city for:
(A) providing and maintaining parks and community
centers under IC 36-10-7 and IC 36-10-7.5;
(B) administering the dog tax and dog fund under
IC 15-5-9;
(C) performing duties regarding fences under IC 32-26;
and
(D) destroying detrimental plants, noxious weeds, and rank
vegetation under IC 15-3-4; and
(2) is reduced for a township in a county having a
consolidated city by the amount levied in 2006 for:
(A) providing and maintaining parks and community
centers under IC 36-10-7 and IC 36-10-7.5;
(B) administering the dog tax and dog fund under
IC 15-5-9;
(C) performing duties regarding fences under IC 32-26;
and
(D) destroying detrimental plants, noxious weeds, and rank
vegetation under IC 15-3-4.
(b) This SECTION expires January 1, 2008.
SOURCE: ; (06)CC000116.1.66. -->
SECTION 66. [EFFECTIVE UPON PASSAGE] The general
assembly finds that the consolidated city and townships in the
county containing a consolidated city are unique because of their
size, population density, and absence of unincorporated areas.
SOURCE: ; (06)CC000116.1.67. -->
SECTION 67. [EFFECTIVE UPON PASSAGE] The legislative
services agency shall prepare legislation for introduction in the
2007 regular session of the general assembly to organize and
correct statutes affected by this act, if necessary.
SOURCE: ; (06)CC000116.1.68. -->
SECTION 68.
An emergency is declared for this act.
Renumber all SECTIONS consecutively.
(Reference is to ESB 1 as reprinted March 2, 2006.)
Conference Committee Report
on
Engrossed Senate Bill 1
Text Box
S
igned by:
____________________________ ____________________________
Senator Young R MichaelRepresentative Buck
Chairperson
____________________________ ____________________________
Senator Lawson CRepresentative Hoffman
Senate Conferees House Conferees