Introduced Version
HOUSE BILL No. 1228
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-8.1-8-3; IC 36-2-13.
Synopsis: Sheriff's compensation. Provides that the maximum annual
compensation for a county sheriff is the sum of: (1) the annual
minimum salary that would be paid by the state to a full-time
prosecuting attorney in the county; and (2) the amount of any
additional annual salary paid by the county from county sources to a
full-time prosecuting attorney in the county. Provides that the
compensation limit applies to a sheriff elected or reelected to office
after November 1, 2010. Requires the sheriff to deposit into the county
general fund any tax warrant collection fees that would, if retained by
the sheriff, result in the sheriff's annual compensation exceeding the
allowed amount. Requires amounts deposited in a county's general fund
under this provision to be used to reduce any unfunded liability of a
sheriff's pension trust plan established for the county's sheriff's
department. Provides that any amounts remaining after applying money
to the unfunded liability must be applied to the costs of operating the
county's sheriff's department.
Effective: January 1, 2009.
Elrod
January 14, 2008, read first time and referred to Committee on Labor and Employment.
Introduced
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1228
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 6-8.1-8-3; (08)IN1228.1.1. -->
SECTION 1. IC 6-8.1-8-3, AS AMENDED BY P.L.111-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 3. (a) The county sheriff of a county shall
attempt to levy on and collect a judgment arising from a tax warrant in
that county for a period of one hundred twenty (120) days from the date
the judgment lien is entered, unless the sheriff is relieved of that duty
at an earlier time by the department. The sheriff's authority to collect
the warrant exists only while the sheriff holds the tax warrant, and if
the sheriff surrenders the warrant to the department for any reason the
sheriff's authority to collect that tax warrant ceases. During the period
that the sheriff has the duty to collect a tax warrant, the sheriff shall
collect from the person owing the tax, an amount equal to the amount
of the judgment lien plus the accrued interest to the date of the
payment. Subject to subsection (b), the sheriff shall make the collection
by garnisheeing the person's wages and by levying on and selling any
interest in property or rights in any chose in action that the person has
in the county. The Indiana laws which provide relief for debtors by
exempting certain property from levy by creditors do not apply to levy
and sale proceedings for judgments arising from tax warrants.
(b) A sheriff shall sell property to satisfy a tax warrant in a manner
that is reasonably likely to bring the highest net proceeds from the sale
after deducting the expenses of the offer to sell and sale. A sheriff may
engage an auctioneer to advertise a sale and to conduct a public
auction, unless the person being levied files an objection with the clerk
of the circuit or superior court having the tax warrant within five (5)
days of the day that the sheriff informs the person of the person's right
to object. The advertising conducted by the auctioneer is in addition to
any other notice required by law, and shall include a detailed
description of the property to be sold. When an auctioneer is engaged
under this subsection and the auctioneer files a verified claim with the
clerk of the circuit or superior court with whom the tax warrant is filed,
the sheriff may pay the reasonable fee and reasonable expenses of the
auctioneer from the gross proceeds of the sale before other expenses
and the judgment arising from the tax warrant are paid. As used in this
section, "auctioneer" means an auctioneer licensed under IC 25-6.1.
(c) The sheriff shall deposit all amounts that the sheriff collects
under this section, including partial payments, into a special trust
account for judgments collected that arose from tax warrants. On or
before the fifth day of each month, the sheriff shall disburse the money
in the tax warrant judgment lien trust account in the following order:
(1) The sheriff shall pay the department the part of the collections
that represents taxes, interest, and penalties.
(2) The sheriff shall pay the county treasurer and the clerk of the
circuit or superior court the part of the collections that represents
their assessed costs.
(3) Except as provided in subdivision subdivisions (4) and (5),
the sheriff shall keep the part of the collections that represents the
ten percent (10%) collection fee added under section 2(b) of this
chapter.
(4) If the sheriff has entered a salary contract under
IC 36-2-13-2.5, the sheriff shall deposit in the county general fund
the part of the collections that represents the ten percent (10%)
collection fee added under section 2(b) of this chapter.
(5) If the sheriff has not entered into a salary contract under
IC 36-2-13-2.5, the sheriff shall deposit in the county general
fund the part of the collections that:
(A) represents the ten percent (10%) collection fee added
under section 2(b) of this chapter; and
(B) would, if kept by the sheriff, result in the total amount
of the sheriff's annual compensation exceeding the
maximum amount allowed under IC 36-2-13-17.
The department shall establish the procedure for the disbursement of
partial payments so that the intent of this section is carried out.
(d) After the period described in subsection (a) has passed, the
sheriff shall return the tax warrant to the department. However, if the
department determines that:
(1) at the end of this period the sheriff is in the process of
collecting the judgment arising from a tax warrant in periodic
payments of sufficient size that the judgment will be fully paid
within one (1) year after the date the judgment was filed; and
(2) the sheriff's electronic data base regarding tax warrants is
compatible with the department's data base;
the sheriff may keep the tax warrant and continue collections.
(e) Notwithstanding any other provision of this chapter, the
department may order a sheriff to return a tax warrant at any time, if the
department feels that action is necessary to protect the interests of the
state.
(f) This subsection applies only to the sheriff of a county having a
consolidated city or a second class city. In such a county, the ten
percent (10%) collection fee added under section 2(b) of this chapter
shall be divided as follows:
(1) Subject to subsection (g), the sheriff may retain for
disbursement under subsection (c) forty thousand dollars
($40,000), plus one-fifth (1/5) of any fees exceeding that forty
thousand dollar ($40,000) amount.
(2) Two-fifths (2/5) of any fees exceeding that forty thousand
dollar ($40,000) amount shall be deposited in the sheriff's
department's pension trust fund.
(3) Two-fifths (2/5) of any fees exceeding that forty thousand
dollar ($40,000) amount shall be deposited in the county general
fund.
(g) If an amount of the collection fee added under section 2(b)
of this chapter would, if retained by the sheriff under subsection
(f)(1), cause the total amount of the sheriff's annual compensation
to exceed the maximum amount allowed under IC 36-2-13-17, the
sheriff shall instead deposit the amount in the county general fund.
(h) Money deposited into a county general fund under
subsections (c)(5) and (g) must be used as follows:
(1) To reduce any unfunded liability of a sheriff's pension
trust plan established for the county's sheriff's department.
(2) Any amounts remaining after complying with subdivision
(1) must be applied to the costs incurred to operate the
county's sheriff's department.
SOURCE: IC 36-2-13-2.5; (08)IN1228.1.2. -->
SECTION 2. IC 36-2-13-2.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2.5. (a) The
sheriff, the executive, and the fiscal body may enter into a salary
contract for the sheriff.
(b) A sheriff's salary contract must contain the following provisions:
(1) A fixed amount of compensation for the sheriff in place of fee
compensation.
(2) Payment of the full amount of the sheriff's compensation from
the county general fund in the manner that salaries of other county
officials are paid.
(3) Deposit by the sheriff of the sheriff's tax warrant collection
fees (as described in IC 6-8.1-8-3) in the county general fund for
use for any general fund purpose.
(4) A procedure for financing prisoners' meals that uses one (1)
of the following methods:
(A) The county fiscal body shall make an appropriation in the
usual manner from the county general fund to the sheriff for
feeding prisoners. The sheriff or the sheriff's officers, deputies,
or employees may not make a profit from the appropriation.
The sheriff shall deposit all meal allowances received under
IC 36-8-10-7 in the county general fund for use for any general
fund purpose.
(B) The sheriff shall pay for feeding prisoners from meal
allowances received under IC 36-8-10-7. The sheriff or the
sheriff's officers, deputies, or employees may not make a profit
from the meal allowances. After the expenses of feeding
prisoners are paid, the sheriff shall deposit any unspent meal
allowance money in the county general fund for use for any
general fund purpose.
(5) A requirement that the sheriff shall file an accounting of
expenditures for feeding prisoners with the county auditor on the
first Monday of January and the first Monday of July of each year.
(6) An expiration date that is not later than the date that the term
of the sheriff expires.
(7) Other provisions concerning the sheriff's compensation to
which the sheriff, the county executive, and the fiscal body agree.
(c) A salary contract is entered under this section when a written
document containing the provisions of the contract is:
(1) approved by resolution of both the executive and the fiscal
body; and
(2) signed by the sheriff.
(d) A salary contract entered into under this section before
November 1, 2010, with a sheriff who is reelected to office in 2010
is subject to section 17 of this chapter.
SOURCE: IC 36-2-13-2.8; (08)IN1228.1.3. -->
SECTION 3. IC 36-2-13-2.8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2.8. (a) In place
of any other form of compensation, including a salary contract entered
into under section 2.5 of this chapter, a county may pay a sheriff's
compensation as provided in this section from the county general fund
in the manner that salaries of other county officials are paid. However,
Subject to section 17 of this chapter, the sheriff may retain the
sheriff's tax warrant collection fees (as described in IC 6-8.1-8-3).
(b) If a county pays a sheriff's compensation under this section, the
county fiscal body shall make an appropriation in the usual manner
from the county general fund for feeding prisoners. The sheriff or the
sheriff's officers, deputies, or employees may not make a profit from
the appropriation.
(c) Subject to section 17 of this chapter, a county that pays a
sheriff's compensation under this section shall pay the sheriff as
follows:
(1) In a county having a population of not more than twenty
thousand (20,000), the county must pay the sheriff an annual
salary that is equal to at least fifty percent (50%) of the annual
minimum salary that would be paid by the state to a full-time
prosecuting attorney in the county.
(2) In a county having a population of:
(A) more than twenty thousand (20,000); and
(B) not more than forty thousand (40,000);
the county must pay the sheriff an annual salary that is equal to at
least sixty percent (60%) of the annual minimum salary that
would be paid by the state to a full-time prosecuting attorney in
the county.
(3) In a county having a population of:
(A) more than forty thousand (40,000); and
(B) not more than sixty-five thousand five hundred (65,500);
the county must pay the sheriff an annual salary that is equal to at
least seventy percent (70%) of the annual minimum salary that
would be paid by the state to a full-time prosecuting attorney in
the county.
(4) In a county having a population of:
(A) more than sixty-five thousand five hundred (65,500); and
(B) not more than one hundred thousand (100,000);
the county must pay the sheriff an annual salary that is equal to at
least eighty percent (80%) of the annual minimum salary that
would be paid by the state to a full-time prosecuting attorney in
the county.
(5) In a county having a population of:
(A) more than one hundred thousand (100,000); and
(B) not more than two hundred thousand (200,000);
the county must pay the sheriff an annual salary that is equal to at
least ninety percent (90%) of the annual minimum salary that
would be paid by the state to a full-time prosecuting attorney in
the county.
(6) In a county having a population of more than two hundred
thousand (200,000), the county must pay the sheriff an annual
salary that is equal to at least one hundred percent (100%) of the
annual minimum salary that would be paid by the state to a
full-time prosecuting attorney in the county.
SOURCE: IC 36-2-13-17; (08)IN1228.1.4. -->
SECTION 4. IC 36-2-13-17 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]:
Sec. 17. (a) This section applies to the
following:
(1) A contract entered into under section 2.5 of this chapter
with a sheriff who is elected or reelected to office after
November 1, 2010.
(2) Any other form of annual compensation provided to a
sheriff who is elected or reelected to office after November 1,
2010.
(b) The total amount of a sheriff's annual compensation from:
(1) the county general fund;
(2) any tax warrant collection fees retained by the sheriff
under IC 6-8.1-8-3; and
(3) any other public source;
may not exceed the amount determined under subsection (c).
(c) To determine the maximum amount of a sheriff's annual
compensation, a county fiscal body shall determine the sum of the
following:
(1) The annual minimum salary that would be paid by the
state to a full-time prosecuting attorney in the county.
(2) The amount of any additional annual salary paid by the
county from county sources to a full-time prosecuting
attorney in the county.