Introduced Version






HOUSE BILL No. 1142

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 36-8.

Synopsis: Residency of police officers. Makes the residency requirements for members of town metropolitan police departments the same as the residency requirements for city police departments, town marshal systems, and city, town, and township fire departments. Provides that a member appointed to a town metropolitan police department or town marshal system before July 1, 2008, may not be required to reside within: (1) the county in which the town is located; or (2) a county that is contiguous to the county in which the town is located; if the member resided within a noncontiguous county on July 1, 2008.

Effective: July 1, 2008.





Steuerwald




    January 8, 2008, read first time and referred to Committee on Local Government.







Introduced

Second Regular Session 115th General Assembly (2008)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1142



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-8-4-2; (08)IN1142.1.1. -->     SECTION 1. IC 36-8-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. (a) Except as provided in subsections (c) and (d), Members of the police and fire departments must reside in Indiana in one (1) of the following areas: within:
        (1) Within the county in which the city town, or township is located; or
        (2) In a county that is contiguous to the county in which the city town, or township is located.
    (b) In a consolidated city, a member who was residing outside the county on January 1, 1975, is exempt from subsection (a).
    (c) A municipality city with a population of less than seven thousand five hundred (7,500) may adopt an ordinance that requires a member of the municipality's city's police or fire department to comply with the following:
        (1) Reside within the county in which the municipality city is located.
        (2) Have adequate means of transportation into the municipality.

city.
        (3) Maintain in the member's residence telephone service with the municipality. city.
    (d) This subsection applies to a municipality city that:
        (1) has a population of less than seven thousand five hundred (7,500); and
        (2) adopted an ordinance to establish the requirements described in this subsection before September 1, 1984.
A municipality city may require, in addition to the requirements of subsection (c), that a member of the police or fire department reside within the municipality city until the member has served in the department for five (5) years.
    (e) An ordinance adopted under subsection (c) or described in subsection (d)(2) may not require a member of a municipality's city's police or fire department to reside within the county in which the municipality city is located if the member resides outside the county on the date the ordinance is adopted.

SOURCE: IC 36-8-4.5; (08)IN1142.1.2. -->     SECTION 2. IC 36-8-4.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]:
     Chapter 4.5. Town Police and Fire Employment Policies
     Sec. 1. This chapter applies to the following:
        (1) A member of a town police department under IC 36-5-7 or IC 36-8-9.

        (2) A member of a town fire department.
    Sec. 2. A member of a town police or fire department must reside in Indiana within:
        (1) the county in which the town is located; or
        (2) a county that is contiguous to the county in which the town is located.

     Sec. 3. A town with a population of less than seven thousand five hundred (7,500) may adopt an ordinance that requires a member of the town police or fire department to:
        (1) reside within the county in which the town is located;
        (2) have adequate means of transportation into the town; and
        (3) maintain in the member's residence telephone service with the town.
    Sec. 4. This section applies to a town that:
        (1) has a population of less than seven thousand five hundred (7,500); and
        (2) adopted an ordinance to establish the requirements described in this section before September 1, 1984.
A town may require, in addition to the requirements of section 3 of this chapter, that a member of the police or fire department reside within the town until the member has served in the department for five (5) years.
    Sec. 5. An ordinance adopted under section 3 or 4 of this chapter may not require a member of a town police or fire department to reside within the county in which the town is located if the member resides outside the county on the date the ordinance is adopted.
    Sec. 6. Notwithstanding any other law, a member appointed to a town police department under
IC 36-5-7 or IC 36-8-9 before July 1, 2008, may not be required to reside within:
        (1) the county in which the town is located; or
        (2) a county that is contiguous to the county in which the town is located;
if the member resided within a county that is noncontiguous to the county in which the town is located on July 1, 2008.

SOURCE: IC 36-8-9-4; (08)IN1142.1.3. -->     SECTION 3. IC 36-8-9-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) The board may appoint, subject to the qualifications for employment determined by the board and approved by the town legislative body, as many persons as necessary to serve in the police department of the town. One (1) person shall be appointed to serve as the police chief. The board may also appoint other employees that are necessary to carry on the work of the police department.
    (b) The board may recommend and the town legislative body shall determine the compensation to be paid to members of the police department in amounts that are just and reasonable.
    (c) All persons appointed must be of good moral character and serve only during good behavior. The board constitutes the safety board of the town for purposes of the suspension, demotion, or dismissal of any member of the police department. Proceedings for the suspension, demotion, or dismissal of any member of the police department shall be conducted in the manner prescribed by IC 36-8-3-4. The disciplinary provisions of IC 36-8-3-4.1 also apply to the safety board and the police chief.
    (d) The board may make general and special rules for the government and discipline of the police department and may make special and general orders to the department through the police chief, who is the executive head of the department.
    (e) Members of the police department must:
        (1) reside within the county in which the town is located;
        (2) reside within fifteen (15) miles of the corporate boundaries of

the town;
        (3) have adequate means of transportation into the town; and
        (4) maintain in their residence telephone service with the town.

SOURCE: IC 36-8-13-10; (08)IN1142.1.4. -->     SECTION 4. IC 36-8-13-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 10. (a) A member of a township fire department must reside in Indiana within:
        (1) the county in which the township is located; or
        (2) a county that is contiguous to the county in which the township is located.

     (b) A township with a population of less than seven thousand five hundred (7,500) may adopt an ordinance that requires a member of the township fire department to:
        (1) reside within the county in which the township is located;
        (2) have adequate means of transportation into the township; and
        (3) maintain in the member's residence telephone service with the township.
    (c) This subsection applies to a township that:
        (1) has a population of less than seven thousand five hundred (7,500); and
        (2) adopted an ordinance to establish the requirements described in this subsection before September 1, 1984.
A township may require, in addition to the requirements of subsection (b), that a member of the fire department reside within the township until the member has served in the department for five (5) years.
    (d) An ordinance adopted under subsection (b) or (c) may not require a member of a township fire department to reside within the county in which the township is located if the member resides outside the county on the date the ordinance is adopted.