Introduced Version






SENATE BILL No. 550

_____


DIGEST OF INTRODUCED BILL



Citations Affected: Numerous provisions throughout the Indiana Code.

Synopsis: County government. Provides that in counties other than Marion County, the county commissioners shall after January 1, 2011, and before July 1, 2011, adopt a resolution specifying whether: (1) the voters of the county shall elect a single county chief executive officer who has the executive powers and duties of the county and a county council that has the legislative and fiscal powers and duties of the county; or (2) the voters of the county shall elect a county council that is a combined county executive, legislative, and fiscal body that has the executive, legislative, and fiscal powers and duties of the county. Provides that in counties other than Marion County, county commissioners are eliminated effective January 1, 2013. Provides that in counties with a county chief executive officer, the initial county chief executive officer is elected at the November 2012 general election. Specifies that after December 31, 2012, certain powers currently exercised by a county's board of commissioners shall be exercised by the county council. Provides that in counties with a county council that is a combined county executive, legislative, and fiscal body, the county council shall have three members elected from districts and two members elected at large. Provides that if the
(Continued next page)

Effective: July 1, 2009.





Lawson C




    January 15, 2009, read first time and referred to Committee on Local Government.





Digest Continued

Constitution of the State of Indiana is amended so that it no longer requires the election in each county of a recorder, surveyor, coroner, auditor, or treasurer, individuals shall be appointed to those offices by the county executive (rather than elected) in counties other than Marion County. Specifies that individuals holding those offices at the time the Constitution is amended in such a manner may remain in office until the end of their terms of office. Provides that in counties other than Marion County, on the earlier of the end of the county assessor's term of office or a date after June 30, 2009, that the office of county assessor becomes vacant, the county executive shall appoint an individual to serve as county assessor and that the county assessor shall no longer be elected.



Introduced

First Regular Session 116th General Assembly (2009)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2008 Regular Session of the General Assembly.

SENATE BILL No. 550



    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 1-1-4-5; (09)IN0550.1.1. -->     SECTION 1. IC 1-1-4-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. The following definitions apply to the construction of all Indiana statutes, unless the construction is plainly repugnant to the intent of the general assembly or of the context of the statute:
        (1) "Adult", "of full age", and "person in his majority" mean a person at least eighteen (18) years of age.
        (2) "Attorney" includes a counselor or other person authorized to appear and represent a party in an action or special proceeding.
        (3) "Autism" means a neurological condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
        (4) "Bond" does not necessarily imply a seal.
        (5) "Clerk" means the clerk of the court or a person authorized to perform the clerk's duties.
         (6) "County executive" has the meaning set forth in IC 36-1-2-5.
        (6) (7) "Health record", "hospital record", or "medical record" means written or printed information possessed by a provider (as defined in IC 16-18-2-295) concerning any diagnosis, treatment, or prognosis of the patient, unless otherwise defined. Except as otherwise provided, the terms include mental health records and drug and alcohol abuse records.
        (7) (8) "Highway" includes county bridges and state and county roads, unless otherwise expressly provided.
        (8) (9) "Infant" or "minor" means a person less than eighteen (18) years of age.
        (9) (10) "Inhabitant" may be construed to mean a resident in any place.
        (10) (11) "Judgment" means all final orders, decrees, and determinations in an action and all orders upon which executions may issue.
        (11) (12) "Land", "real estate", and "real property" include lands, tenements, and hereditaments.
        (12) (13) "Mentally incompetent" means of unsound mind.
        (13) (14) "Money demands on contract", when used in reference to an action, means an action arising out of contract when the relief demanded is a recovery of money.
        (14) (15) "Month" means a calendar month, unless otherwise expressed.
        (15) (16) "Noncode statute" means a statute that is not codified as part of the Indiana Code.
        (16) (17) "Oath" includes "affirmation", and "to swear" includes to affirm.
        (17) (18) "Person" extends to bodies politic and corporate.
        (18) (19) "Personal property" includes goods, chattels, evidences of debt, and things in action.
        (19) (20) "Population" has the meaning set forth in IC 1-1-3.5-3.
        (20) (21) "Preceding" and "following", referring to sections in statutes, mean the sections next preceding or next following that in which the words occur, unless some other section is designated.
        (21) (22) "Property" includes personal and real property.
        (22) (23) "Sheriff" means the sheriff of the county or another person authorized to perform sheriff's duties.
        (23) (24) "State", applied to any one of the United States, includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the

territories. "United States" includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories.
        (24) (25) "Under legal disabilities" includes persons less than eighteen (18) years of age, mentally incompetent, or out of the United States.
        (25) (26) "Verified", when applied to pleadings, means supported by oath or affirmation in writing.
        (26) (27) "Will" includes a testament and codicil.
        (27) (28) "Without relief" in any judgment, contract, execution, or other instrument of writing or record, means without the benefit of valuation laws.
        (28) (29) "Written" and "in writing" include printing, lithographing, or other mode of representing words and letters. If the written signature of a person is required, the terms mean the proper handwriting of the person or the person's mark.
        (29) (30) "Year" means a calendar year, unless otherwise expressed.
        (30) (31) The definitions in IC 35-41-1 apply to all statutes relating to penal offenses.

SOURCE: IC 1-2-2-1; (09)IN0550.1.2. -->     SECTION 2. IC 1-2-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. A state flag is hereby adopted, and the same shall be of the following design and dimensions, to-wit: Its dimensions shall be three (3) feet fly by two (2) feet hoist; or five (5) feet fly by three (3) feet hoist; or any size proportionate to either of those dimensions. The field of the flag shall be blue with nineteen (19) stars and a flaming torch in gold or buff. Thirteen (13) stars shall be arranged in an outer circle, representing the original thirteen (13) states; five (5) stars shall be arranged in a half circle below the torch and inside the outer circle of stars, representing the states admitted prior to Indiana; and the nineteenth star, appreciably larger than the others and representing Indiana shall be placed above the flame of the torch. The outer circle of stars shall be so arranged that one (1) star shall appear directly in the middle at the top of the circle, and the word "Indiana" shall be placed in a half circle over and above the star representing Indiana and midway between it and the star in the center above it. Rays shall be shown radiating from the torch to the three (3) stars on each side of the star in the upper center of the circle.
    Township trustees, boards of school trustees and boards of school commissioners of the various school corporations of this state, and board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) of the several counties of the

state may procure a state flag for each school and for each courthouse under their respective supervision and cause the same to be placed conspicuously in the principal room or assembly hall and any courtroom of any such building or courthouse.

SOURCE: IC 3-5-2-22; (09)IN0550.1.3. -->     SECTION 3. IC 3-5-2-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 22."Executive" means:
        (1) the board of county commissioners (before January 1, 2013) or (after December 31, 2012) either the chief executive officer elected under IC 3-10-2-13 or the county council elected under IC 36-2-3.8 (as determined under IC 36-2-2.4), for a county not having a consolidated city;
        (2) the mayor of the consolidated city, for a county having a consolidated city;
        (3) the mayor, for a city;
        (4) the president of the town council, for a town; or
        (5) a trustee, for a township.
SOURCE: IC 3-8-1-21; (09)IN0550.1.4. -->     SECTION 4. IC 3-8-1-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 21. (a) This subsection applies to elections before 2012. A candidate for the office of county commissioner must:
        (1) have resided in the county for at least one (1) year before the election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana; and
        (2) have resided in the district in which seeking election, if applicable, for at least six (6) months before the election.
     (b) This subsection applies to elections after 2011 in a county in which a county chief executive officer is elected under IC 36-2-2.5. A candidate for the office of county chief executive officer must have resided in the county for at least one (1) year before the election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana.
SOURCE: IC 3-8-1-23; (09)IN0550.1.5. -->     SECTION 5. IC 3-8-1-23, AS AMENDED BY P.L.146-2008, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 23. (a) Subject to subsection (b), a candidate for the office of county assessor must:
        (1) have resided in the county for at least one (1) year before the election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana; and
        (2) own real property located in the county upon taking office.
    (b) A candidate for the office of county assessor who runs in an election after June 30, 2008, must have attained the certification of a level two assessor-appraiser under IC 6-1.1-35.5.
    (c) A candidate for the office of county assessor who runs in an election after January 1, 2012, must have attained the certification of a level three assessor-appraiser under IC 6-1.1-35.5.
     (d) In a county not having a consolidated city, a county assessor:
        (1) shall be appointed by the county executive as provided in IC 36-2-15-2(e); and
        (2) shall not be elected in 2010 and thereafter.

SOURCE: IC 3-10-1-19; (09)IN0550.1.6. -->     SECTION 6. IC 3-10-1-19, AS AMENDED BY P.L.146-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 19. (a) The ballot for a primary election shall be printed in substantially the following form for all the offices for which candidates have qualified under IC 3-8:
OFFICIAL PRIMARY BALLOT

_________________ Party

    For paper ballots, print: To vote for a person, make a voting mark (X or .) on or in the box before the person's name in the proper column. For optical scan ballots, print: To vote for a person, darken or shade in the circle, oval, or square (or draw a line to connect the arrow) that precedes the person's name in the proper column. For optical scan ballots that do not contain a candidate's name, print: To vote for a person, darken or shade in the oval that precedes the number assigned to the person's name in the proper column. For electronic voting systems, print: To vote for a person, touch the screen (or press the button) in the location indicated.
            Vote for one (1) only
    Representative in Congress
        [] (1) AB    __________
        [] (2) CD    __________
        [] (3) EF    __________
        [] (4) GH    __________
    (b) The offices with candidates for nomination shall be placed on the primary election ballot in the following order:
        (1) Federal and state offices:
            (A) President of the United States.
            (B) United States Senator.
            (C) Governor.
            (D) United States Representative.
        (2) Legislative offices:
            (A) State senator.
            (B) State representative.
        (3) Circuit offices and county judicial offices:
            (A) Judge of the circuit court, and unless otherwise specified

under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
            (B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
            (C) Judge of the probate court.
            (D) Judge of the county court, with each division separate, as required by IC 33-30-3-3.
            (E) Prosecuting attorney.
            (F) Circuit court clerk.
        (4) Subject to IC 36-2-1.5, the following county offices:
            (A) County auditor.
            (B) County recorder.
            (C) County treasurer.
            (D) County sheriff.
            (E) County coroner.
            (F) County surveyor.
            (G) County assessor (subject to IC 36-2-15-2(e) for elections in 2010 and thereafter in a county not having a consolidated city).
            (H) County commissioner (for elections before 2012).
            (I) In a county that has a single elected chief executive officer (as determined under IC 36-2-2.4), the county chief executive officer (as provided in IC 36-2-2.5 for elections in 2012 and thereafter).

            (I) (J) County council member.
        (5) Township offices:
            (A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
            (B) Township trustee.
            (C) Township board member.
            (D) Judge of the small claims court.
            (E) Constable of the small claims court.
        (6) City offices:
            (A) Mayor.
            (B) Clerk or clerk-treasurer.
            (C) Judge of the city court.
            (D) City-county council member or common council member.
        (7) Town offices:
            (A) Clerk-treasurer.
            (B) Judge of the town court.
            (C) Town council member.


    (c) The political party offices with candidates for election shall be placed on the primary election ballot in the following order after the offices described in subsection (b):
        (1) Precinct committeeman.
        (2) State convention delegate.
    (d) The following offices and public questions shall be placed on the primary election ballot in the following order after the offices described in subsection (c):
        (1) School board offices to be elected at the primary election.
        (2) Other local offices to be elected at the primary election.
        (3) Local public questions.
    (e) The offices and public questions described in subsection (d) shall be placed:
        (1) in a separate column on the ballot if voting is by paper ballot;
        (2) after the offices described in subsection (c) in the form specified in IC 3-11-13-11 if voting is by ballot card; or
        (3) either:
            (A) on a separate screen for each office or public question; or
            (B) after the offices described in subsection (c) in the form specified in IC 3-11-14-3.5;
        if voting is by an electronic voting system.
    (f) A public question shall be placed on the primary election ballot in the following form:
(The explanatory text for the public question,

if required by law.)

"Shall (insert public question)?"

            [] YES
            [] NO
SOURCE: IC 3-10-2-13; (09)IN0550.1.7. -->     SECTION 7. IC 3-10-2-13, AS AMENDED BY P.L.146-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. Subject to IC 36-2-1.5, the following public officials shall be elected at the general election before their terms of office expire and every four (4) years thereafter:
        (1) Clerk of the circuit court.
        (2) County auditor.
        (3) County recorder.
        (4) County treasurer.
        (5) County sheriff.
        (6) County coroner.
        (7) County surveyor.
        (8) County assessor (subject to IC 36-2-15-2(e) for elections in 2010 and thereafter in a county not having a consolidated

city).
        (9) County commissioner (for elections before 2012).
        (10) In a county that has a single elected chief executive officer (as determined under IC 36-2-2.4), the county chief executive officer (as provided in IC 36-2-2.5 for elections in 2012 and thereafter).

        (10) (11) County council member.
        (11) (12) Township trustee.
        (12) (13) Township board member.
        (13) (14) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
        (14) (15) Judge of a small claims court.
        (15) (16) Constable of a small claims court.

SOURCE: IC 3-11-2-12; (09)IN0550.1.8. -->     SECTION 8. IC 3-11-2-12, AS AMENDED BY P.L.146-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. The following offices shall be placed on the general election ballot in the following order:
        (1) Federal and state offices:
            (A) President and Vice President of the United States.
            (B) United States Senator.
            (C) Governor and lieutenant governor.
            (D) Secretary of state.
            (E) Auditor of state.
            (F) Treasurer of state.
            (G) Attorney general.
            (H) Superintendent of public instruction.
            (I) United States Representative.
        (2) Legislative offices:
            (A) State senator.
            (B) State representative.
        (3) Circuit offices and county judicial offices:
            (A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
            (B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
            (C) Judge of the probate court.
            (D) Judge of the county court, with each division separate, as required by IC 33-30-3-3.
            (E) Prosecuting attorney.
            (F) Clerk of the circuit court.
        (4) Subject to IC 36-2-1.5, the following county offices:
            (A) County auditor.
            (B) County recorder.
            (C) County treasurer.
            (D) County sheriff.
            (E) County coroner.
            (F) County surveyor.
            (G) County assessor (subject to IC 36-2-15-2(e) for elections in 2010 and thereafter in a county not having a consolidated city).
            (H) County commissioner (for elections before 2012).
            (I) In a county that has a single elected chief executive officer (as determined under IC 36-2-2.4), the county chief executive officer (as provided in IC 36-2-2.5 for elections in 2012 and thereafter).

            (I) (J) County council member.
        (5) Township offices:
            (A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
            (B) Township trustee.
            (C) Township board member.
            (D) Judge of the small claims court.
            (E) Constable of the small claims court.
        (6) City offices:
            (A) Mayor.
            (B) Clerk or clerk-treasurer.
            (C) Judge of the city court.
            (D) City-county council member or common council member.
        (7) Town offices:
            (A) Clerk-treasurer.
            (B) Judge of the town court.
            (C) Town council member.
SOURCE: IC 3-12-9-4; (09)IN0550.1.9. -->     SECTION 9. IC 3-12-9-4, AS AMENDED BY P.L.164-2006, SECTION 127, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) The fiscal body of a political subdivision that receives notice under section 3 of this chapter shall resolve the tie vote by electing a person to fill the office not later than December 31 following the election (or not later than June 30 following the election of a school board member in May) at which the tie vote occurred. The fiscal body shall select one (1) of the candidates who was involved in the tie vote to fill the office.
    (b) If a tie vote has occurred in an election for a circuit office in a

circuit that contains more than one (1) county, the fiscal bodies of the counties shall meet in joint session at the county seat of the county that contains the greatest percentage of population of the circuit to select one (1) of the candidates who was involved in the tie vote in order to fill the office in accordance with this section.
    (c) If a tie vote has occurred for the election of more than one (1) at-large seat on a legislative or fiscal body, the fiscal body shall select the number of individuals necessary to fill each of the at-large seats for which the tie vote occurred. However, a member of a fiscal body who runs for reelection and is involved in a tie vote may not cast a vote under this section.
    (d) The executive of the political subdivision (other than a town or a school corporation) may cast the deciding vote to break a tie vote in a fiscal body acting under this section. In the case of a county that after December 31, 2012, has a county council elected under IC 36-2-3.8 that is the county executive, county legislative body, and county fiscal body, the judge of the circuit court shall cast the deciding vote to break a tie vote in a fiscal body acting under this section. The clerk-treasurer of the town may cast the deciding vote to break a tie vote in a town fiscal body acting under this section. A tie vote in the fiscal body of a school corporation under this section shall be broken under IC 20-23.

SOURCE: IC 3-13-7-1; (09)IN0550.1.10. -->     SECTION 10. IC 3-13-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) This section does not apply to a vacancy in a county office for which the county executive appoints an individual under IC 36-2-1.5 to hold the office.
    (b)
A vacancy in a county office that was last held by a person elected or selected as a candidate of a major political party of the state shall be filled by a caucus under IC 3-13-11.
SOURCE: IC 3-13-7-2; (09)IN0550.1.11. -->     SECTION 11. IC 3-13-7-2, AS AMENDED BY P.L.119-2005, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) This section applies to a vacancy in a county elected office (other than county council) not covered by section 1 of this chapter. However, this section does not apply to a vacancy in a county office for which the county executive appoints an individual under IC 36-2-1.5 to hold the office.
    (b) A vacancy shall be filled by the board of commissioners of the county at a regular or special meeting (for vacancies before January 1, 2013) or by the county executive (for vacancies after December 31, 2012) at a public hearing. The county auditor shall give notice of the meeting or hearing. Except as provided in subsection (d), the

meeting or hearing shall be held not later than thirty (30) days after the vacancy occurs. The notice must:
        (1) be in writing;
        (2) state the purpose of the meeting or hearing;
        (3) state the date, time, and place of the meeting or hearing; and
        (4) in the case of vacancies to be filled before January 1, 2013, be sent by first class mail to each commissioner at least ten (10) days before the meeting.
    (c) Selections made under this section (or under IC 3-2-10-3(a) before its repeal on March 4, 1986) are appointments pro tempore for the purposes of Article 2, Section 11 of the Constitution of the State of Indiana.
    (d) If a vacancy occurs because of the death of an elected county officer, the:
         (1) board of commissioners (before January 1, 2013) shall meet and select an individual to fill the vacancy; or
        (2) county executive (after December 31, 2012)
shall at a public hearing select an individual to fill the vacancy;
not later than thirty (30) days after the county auditor receives notice of the death under IC 5-8-6. The county auditor may not give the notice required under subsection (b) until the county auditor receives notice of the death under IC 5-8-6.

SOURCE: IC 3-13-10-2; (09)IN0550.1.12. -->     SECTION 12. IC 3-13-10-2, AS AMENDED BY P.L.119-2005, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) A vacancy in the office of township trustee:
        (1) not covered by section 1 of this chapter; or
        (2) covered by section 1 of this chapter, but that exists after the thirtieth day after:
            (A) the vacancy occurs, if IC 5-8-6 does not apply; or
            (B) the county auditor receives the notice required under IC 5-8-6;
shall be filled by the board of commissioners of the county at a regular or special meeting (for vacancies before January 1, 2013) or by the county executive at a public hearing (for vacancies after December 31, 2012).
    (b) The county auditor shall give notice of the meeting or hearing.
    (c) Except as provided in subsections (e) and (f), the meeting or hearing shall be held not later than:
        (1) thirty (30) days after the vacancy occurs, if the vacancy is not covered by section 1 of this chapter; or
        (2) not later than sixty (60) days after the vacancy occurs, if the vacancy is covered by section 1 of this chapter and exists for more

than thirty (30) days.
    (d) The notice must:
        (1) be in writing;
        (2) state the purpose of the meeting or hearing;
        (3) state the date, time, and place of the meeting or hearing; and
        (4) in the case of vacancies to be filled before January 1, 2013, be sent by first class mail to each commissioner at least ten (10) days before the meeting.
    (e) If the vacancy:
        (1) is not covered by section 1 of this chapter; and
        (2) exists because of the death of the township trustee;
the meeting or hearing required by subsection (c) shall be held not later than thirty (30) days after the county auditor receives notice of the death under IC 5-8-6. The county auditor may not give the notice required by subsection (b) until the county auditor receives notice of the death under IC 5-8-6.
    (f) If the vacancy:
        (1) is covered by section 1 of this chapter;
        (2) exists because of the death of the township trustee; and
        (3) exists for more than thirty (30) days;
the meeting or hearing required under subsection (c) shall be held not later than sixty (60) days after the county auditor receives notice of the death under IC 5-8-6. The county auditor may not give the notice required by subsection (b) until the county auditor receives notice of the death under IC 5-8-6.

SOURCE: IC 3-13-10-4; (09)IN0550.1.13. -->     SECTION 13. IC 3-13-10-4, AS AMENDED BY P.L.119-2005, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) A vacancy on the township board of a township:
        (1) not covered by section 1 of this chapter; or
        (2) covered by section 1 of this chapter, but that exists after the thirtieth day after:
            (A) the vacancy occurs, if IC 5-8-6 does not apply; or
            (B) the county auditor receives the notice required under IC 5-8-6;
shall be filled by the board of commissioners of the county at a regular or special meeting (for vacancies before January 1, 2013) or by the county executive at a public hearing (for vacancies after December 31, 2012).
    (b) The county auditor shall give notice of the meeting or hearing.
    (c) Except as provided in subsections (e) and (f), the meeting or hearing shall be held:
        (1) not later than thirty (30) days after the vacancy occurs, if the vacancy is not covered by section 1 of this chapter; or
        (2) not later than sixty (60) days after the vacancy occurs, if the vacancy is covered by section 1 of this chapter and exists for more than thirty (30) days.
    (d) The notice must:
        (1) be in writing;
        (2) state the purpose of the meeting or hearing;
        (3) state the date, time, and place of the meeting or hearing; and
        (4) in the case of vacancies to be filled before January 1, 2013, be sent by first class mail to each commissioner at least ten (10) days before the meeting.
    (e) If a vacancy:
        (1) is not covered by section 1 of this chapter; and
        (2) exists because of the death of a township board member;
the meeting or hearing required by subsection (c) shall be held not later than thirty (30) days after the county auditor receives notice of the death under IC 5-8-6. The county auditor may not give the notice required under subsection (b) until the county auditor receives notice of the death under IC 5-8-6.
    (f) If a vacancy:
        (1) is covered by section 1 of this chapter;
        (2) exists because of the death of a township board member; and
        (3) exists for more than thirty (30) days;
the meeting or hearing required by subsection (c) shall be held not later than sixty (60) days after the county auditor receives notice of the death under IC 5-8-6. The county auditor may not give the notice required by subsection (b) until the county auditor receives notice of the death under IC 5-8-6.
SOURCE: IC 3-13-11-0.5; (09)IN0550.1.14. -->     SECTION 14. IC 3-13-11-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. This chapter does not apply to a vacancy in a county office for which the county executive appoints an individual under IC 36-2-1.5 to hold the office.
SOURCE: IC 3-13-11-13; (09)IN0550.1.15. -->     SECTION 15. IC 3-13-11-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. (a) This section does not apply to the office of a judge.
    (b) In accordance with section 12 of this chapter, if a chief deputy employee does not exist in a circuit or county office, or the chief deputy employee declines or is ineligible to serve, the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall appoint, as soon as is reasonably possible,

a person to assume the duties of the office until the office is filled under this chapter.
    (c) If a circuit contains more than one (1) county, the boards of county commissioners (before January 1, 2013) or county executives (after December 31, 2012) of the counties shall meet in joint session at the county seat of the county that contains the greatest percentage of population of the circuit to appoint an individual under this section.

SOURCE: IC 4-11-2-3; (09)IN0550.1.16. -->     SECTION 16. IC 4-11-2-3, AS ADDED BY P.L.2-2006, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. If:
        (1) a person has purchased and been granted a deed of conveyance to any lands sold for delinquent taxes by the county treasurer of any county;
        (2) at the time when the lands were sold, there was an unpaid school fund loan, secured by mortgage, on the lands, and the mortgage was foreclosed by the county after the sale; and
        (3) through the foreclosure proceedings, the county acquired title to the lands;
the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) of the county in which the lands are situated may pay to the person who holds the tax deed to the lands any sum that may be agreed upon, not exceeding the amount that the purchaser paid for the lands at the tax sale, together with an amount equal to any taxes that the purchaser of the lands paid, not including any interest, on the condition that the holder of the tax deed to the lands execute to the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) of the county a quitclaim deed to the lands. All expenditures authorized under this section shall be paid out of the county general fund without any appropriation being made for the expenditure.
SOURCE: IC 4-23-24.2-8; (09)IN0550.1.17. -->     SECTION 17. IC 4-23-24.2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) The following thirteen (13) individuals are the members of the commission representing local governments:
        (1) Four (4) municipal officials, two (2) appointed by the president pro tempore of the senate and two (2) appointed by the speaker of the house of representatives from nominees of the Indiana Association of Cities and Towns, who may be selected as follows:
            (A) The mayor of a first class city.
            (B) One (1) member of the legislative body of a second class city.
            (C) The mayor or a member of the legislative body of a third class city.
            (D) The executive of a town.
        (2) Four (4) county officials, two (2) appointed by the president pro tempore of the senate and two (2) appointed by the speaker of the house of representatives from nominees of the Association of Indiana Counties. One (1) member appointed under this subdivision may be a member of a county fiscal body and one (1) member appointed under this subdivision may be a member of a county executive or (after December 31, 2012) the chief executive officer of a county.
        (3) Two (2) township officials, one (1) appointed by the president pro tempore of the senate and one (1) appointed by the speaker of the house of representatives from nominees of the Township Trustees Association.
        (4) One (1) person appointed by the governor who represents a regional or multiple county local governmental entity.
        (5) Two (2) persons, one (1) appointed by the president pro tempore of the senate and one (1) appointed by the speaker of the house of representatives, who may have expertise or experience in intergovernmental relations.
A member appointed under this section may designate another individual to serve on the commission for the member.
    (b) A member appointed under this section serves on the commission until the earliest of the following:
        (1) Two (2) years after the date of the member's appointment.
        (2) The date the member is removed by the member's appointing authority.
        (3) The date the member no longer holds the office or position the member held when appointed to the commission.
SOURCE: IC 4-24-4-2; (09)IN0550.1.18. -->     SECTION 18. IC 4-24-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. Such institution shall requisition and be reimbursed for such payment by the county from which such inmate was committed, by the filing of a claim in such county with the auditor thereof and said claim shall be allowed by the board of county commissioners thereof (before January 1, 2013) or county executive (after December 31, 2012) of the county in the same manner as other claims are allowed and paid.
SOURCE: IC 5-1-4-5; (09)IN0550.1.19. -->     SECTION 19. IC 5-1-4-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) Within sixty (60) days from the filing of the certified copy of the resolution in accordance with section 4 of this chapter, the board of commissioners (before January

1, 2013) or executive (after December 31, 2012) of the county or the executive of the city or town shall appoint five (5) residents of the county, city, or town, as the case may be, as directors of the authority.
    (b) Each appointment shall be evidenced by a written certificate of appointment signed by the appointing authority who shall cause a written notice to be sent to each appointee. One (1) director shall be appointed for a term of one (1) year, one (1) director for a term of two (2) years, one (1) director for a term of three (3) years, and two (2) directors for a term of four (4) years. At the expiration of the respective terms of the directors, the appointing authority shall appoint successors for four (4) year terms.
    (c) Each director shall serve as such until the director's successor is appointed and qualified. In the event that any director shall die, resign, cease to be a resident of the county, city, or town, as the case may be, or be removed, the appointing authority shall appoint another person as director for the remainder of such term. If any person appointed as a director shall fail to qualify within ten (10) days after the mailing to the appointee of notice of the appointment, the appointing authority shall appoint another person as director for the term.

SOURCE: IC 5-1-4-8; (09)IN0550.1.20. -->     SECTION 20. IC 5-1-4-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. The directors originally appointed shall meet within thirty (30) days after their appointment, at a time and place designated by the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) for the purpose of organization. The directors shall elect the following officers from among their members: president, vice president, secretary, and treasurer, who shall perform the duties usually pertaining to those offices. Such officers shall serve until the expiration of the first term to expire and the directors shall meet annually to reorganize within thirty (30) days after the appointment of each successor director for a full term. The directors are authorized to adopt such bylaws, rules, and regulations as they may deem necessary to the proper conduct of their proceedings, the carrying out of their duties, and the safeguarding of the funds and property of the authority. In addition to such meetings as above provided, other regular and special meetings shall be held at such times as they may determine and upon such notice as they may fix, either by resolution or in accordance with the provisions of the bylaws, rules, and regulations adopted. A majority of the directors shall constitute a quorum, and the concurrence of a majority shall be necessary to authorize any action. Directors shall serve without pay but shall be entitled to reimbursement for any expenses necessarily incurred in the performance of their duties.
SOURCE: IC 5-1-7-1; (09)IN0550.1.21. -->     SECTION 21. IC 5-1-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. Whenever the bond fund of any county or of any township in this state is, for any reason, insufficient to pay the bonds of such county or township or any of them, at the date of the maturity thereof, together with the interest which shall have accrued thereon, the board of commissioners (before January 1, 2013) or executive (after December 31, 2012) of such county is hereby authorized to represent and as representing the taxing district liable for the payment of any such bond to enter into a contract with the owner of any such bond to pay such matured bond by the issuance of a redemption bond, in the same amount and at any rate of interest and to pay such redemption bond and the accrued interest thereon, in not more than ten (10) annual installments, in the manner and subject to the conditions prescribed in this chapter.
SOURCE: IC 5-1-7-2; (09)IN0550.1.22. -->     SECTION 22. IC 5-1-7-2, AS AMENDED BY P.L.2-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. The contract entered into by the board of commissioners (before January 1, 2013) or executive (after December 31, 2012) of any county and any such bondholder shall be signed by the parties to such contract, shall be attested on behalf of the county by the county auditor, and shall stipulate and agree that the board of commissioners (before January 1, 2013) or executive (after December 31, 2012) of the county will pay all interest on such matured bond to the date of the maturity thereof, and that a new bond (referred to in this chapter as a redemption bond) in the same amount as the matured bond, will be issued to pay and retire such matured bond, and that such redemption bond will be and continue to be a valid and binding obligation of the county and that during the period fixed in the contract not exceeding ten (10) years the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) will pay annually to the owner of such redemption bond, one-tenth (1/10) of the principal amount of such redemption bond and, in addition thereto, will pay semiannually all interest which shall have accrued thereon to the date when such payment is to be made. The date on which such partial payments of the principal of such bond will be made shall be fixed and prescribed in such contract and may be on June 1 or December 1 of the year next succeeding the year in which such contract is executed and signed and June 1 or December 1 of each and every year thereafter until paid. The interest accrued on such bond shall be paid semiannually on June 1 and December 1, beginning on the same date as the first partial payment on such bond. The board of commissioners (before January 1, 2013) or county executive (after

December 31, 2012) shall further agree to levy a tax on the taxable property of such county in an amount sufficient to make the payments on such redemption bonds as they fall due, together with all interest which shall have accrued thereon. Any bondholder who elects to avail himself or herself of the provisions of this chapter shall agree that in consideration of the privilege hereby afforded the bondholder will not maintain or attempt to maintain a suit for the collection or the enforcement of the lien of any such bond, other than in accordance with the remedies afforded by the provisions of this chapter. The form of the contract herein contemplated shall be prescribed by the state board of accounts with the approval of the attorney general. At the time when the contract is executed and the redemption bond is issued, the matured bond shall be surrendered to the county auditor and shall be canceled by writing across the face of the matured bond the words "Canceled by issuing to ______ a redemption bond in the same principal sum as this bond, due and payable on the ______ day of ______, 20____.".

SOURCE: IC 5-1-16-1.5; (09)IN0550.1.23. -->     SECTION 23. IC 5-1-16-1.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1.5. (a) For purposes of this chapter, county commissioner (before January 1, 2013) or county executive (after December 31, 2012) action or approval for the appropriation and expenditure of county tax money shall presuppose and include approval by the county council.
    (b) A lease entered into by the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) with the authority is valid or binding upon the county only if the lease is approved by a majority vote of the county council.
SOURCE: IC 5-1-16-42; (09)IN0550.1.24. -->     SECTION 24. IC 5-1-16-42, AS AMENDED BY P.L.146-2008, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 42. (a) When the authority, the board of trustees or board of managers of the hospital, the board of commissioners (before January 1, 2013) or executive (after December 31, 2012) of the county, and a majority of the county council have agreed upon the terms and conditions of any lease proposed to be entered into under section 38 or 39 of this chapter, and before the final execution of the lease, the county auditor shall give notice by publication of a public hearing to be held in the county by the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012). The hearing shall take place on a day not earlier than ten (10) days after the publication of the notice. The notice of the hearing shall be published one (1) time in a newspaper of general circulation printed in the English language and published in the county. The notice shall do the following:
        (1) Name the day, place, and hour of the hearing.
        (2) Set forth a brief summary of the principal terms of the lease agreed upon, including the character and location of the property to be leased, the lease rental to be paid, and the number of years the contract is to be in effect.
        (3) State a location where the proposed lease, drawings, plans, specifications, and estimates may be examined.
The proposed lease and the drawings, plans, specifications, and estimates of construction cost for the building shall be open to inspection by the public during the ten (10) day period and at the hearing. All interested persons shall have a right to be heard at the hearing on the necessity for the execution of the lease and whether the lease rental under the lease is fair and reasonable. The hearing may be adjourned to a later date with the place of the hearing fixed prior to adjournment. Following the hearing, the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) may either authorize the execution of the lease as originally agreed upon or may make modifications that are agreed upon by the authority, the board of trustees or board of managers of the hospital, and the county council. The authorization shall be by an order that is entered in the official records of the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012). The lease contract shall be executed on behalf of the county by the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012).
    (b) If the execution of the lease as originally agreed upon or as modified by agreement is authorized, notice of the signing of the lease shall be given on behalf of the county by publication one (1) time in a newspaper of general circulation printed in the English language and published in the county. Except as provided in subsection (d), ten (10) or more taxpayers in the county whose tax rate will be affected by the proposed lease and who may be of the opinion that no necessity exists for the execution of the lease or that the lease rental under the lease is not fair and reasonable may file a petition in the office of the county auditor within thirty (30) days after publication of notice of the execution of the lease that sets forth the taxpayers' objections and facts supporting those objections. Upon the filing of a petition, the county auditor shall immediately certify a copy of the petition together with such other data as may be necessary in order to present the questions involved to the department of local government finance. Upon receipt of the certified petition and information, the department of local government finance shall fix a time and place in the affected county for

the hearing of the matter that is not less than five (5) or more than fifteen (15) days after receipt. Notice of the hearing shall be given by the department of local government finance to the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) and to the first ten (10) taxpayer petitioners upon the petition by certified mail sent to the addresses listed on the petition at least five (5) days before the date of the hearing.
    (c) No action to contest the validity of the lease or to enjoin the performance of any of the terms and conditions of the lease shall be instituted at any time later than thirty (30) days after publication of notice of the execution of the lease, or if an appeal has been taken to the department of local government finance, then within thirty (30) days after the decision of the department.
    (d) The authority for taxpayers to object to a proposed lease under subsection (b) does not apply if the authority complies with the procedures for the issuance of bonds and other evidences of indebtedness described in IC 6-1.1-20.

SOURCE: IC 5-1-16-44; (09)IN0550.1.25. -->     SECTION 25. IC 5-1-16-44, AS AMENDED BY P.L.1-2006, SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 44. On behalf of the authority, the board of directors or board of managers of the hospital shall, prior to the execution of a contract of lease, submit to and receive the approval of the board of commissioners (before January 1, 2013) or executive (after December 31, 2012) of the county of the plans, specifications, and estimates of cost for the building or renovation. The plans and specifications shall be submitted to and approved by the state board of health, the division of fire and building safety, and other state agencies that are required by law to pass on plans and specifications for public buildings.
SOURCE: IC 5-1-16-45; (09)IN0550.1.26. -->     SECTION 26. IC 5-1-16-45, AS AMENDED BY P.L.113-2006, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 45. (a) A county desiring to have a building erected or renovated on land owned or to be acquired by the county may sell that land or building to the authority. Before the sale may take place, the county commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall file a petition with the circuit court of the county requesting the appointment of:
        (1) one (1) disinterested freeholder of the county as an appraiser; and
        (2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to determine the fair market value of the land or building. One (1) of the appraisers described under subdivision

(2) must reside not more than fifty (50) miles from the land or building. Upon appointment, the appraisers shall fix the fair market value of the land or building and shall report that value within two (2) weeks from the date of their appointment. The county may then sell the land or building to the authority for an amount not less than the amount fixed by the appraisers as the fair market value. The amount shall be paid in cash upon delivery of the deed by the county to the authority. If a cumulative building fund exists at the time of the sale, the proceeds from the sale shall be placed in that fund. If a cumulative building fund does not exist at the time of the sale, the proceeds from the sale shall be paid into the county hospital fund with the principal and interest on the fund to be used solely by the county hospital for the purposes set forth in IC 16-22-5-3 (or IC 16-12.1-4-4 before its repeal on July 1, 1993). A sale of land or a building by a county to the authority shall be authorized by the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) by an order that shall be entered in the official records of the board or county executive. The deed shall be executed on behalf of the county by the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012).
    (b) A contract entered into under this chapter for a public work (as defined in IC 5-16-7-4) is subject to IC 5-16-7.

SOURCE: IC 5-3-1-3; (09)IN0550.1.27. -->     SECTION 27. IC 5-3-1-3, AS AMENDED BY P.L.1-2005, SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) Within sixty (60) days after the expiration of each calendar year, the fiscal officer of each civil city and town in Indiana shall publish an annual report of the receipts and expenditures of the city or town during the preceding calendar year.
    (b) Not earlier than August 1 or later than August 15 of each year, the secretary of each school corporation in Indiana shall publish an annual financial report.
    (c) In the annual financial report the school corporation shall include the following:
        (1) Actual receipts and expenditures by major accounts as compared to the budget advertised under IC 6-1.1-17-3 for the prior calendar year.
        (2) The salary schedule for all certificated employees (as defined in IC 20-29-2-4) as of June 30, with the number of employees at each salary increment. However, the listing of salaries of individual teachers is not required.
        (3) The extracurricular salary schedule as of June 30.
        (4) The range of rates of pay for all noncertificated employees by

specific classification.
        (5) The number of employees who are full-time certificated, part-time certificated, full-time noncertificated, and part-time noncertificated.
        (6) The lowest, highest, and average salary for the administrative staff and the number of administrators without a listing of the names of particular administrators.
        (7) The number of students enrolled at each grade level and the total enrollment.
        (8) The assessed valuation of the school corporation for the prior and current calendar year.
        (9) The tax rate for each fund for the prior and current calendar year.
        (10) In the general fund, capital projects fund, and transportation fund, a report of the total payment made to each vendor for the specific fund in excess of two thousand five hundred dollars ($2,500) during the prior calendar year. However, a school corporation is not required to include more than two hundred (200) vendors whose total payment to each vendor was in excess of two thousand five hundred dollars ($2,500). A school corporation shall list the vendors in descending order from the vendor with the highest total payment to the vendor with the lowest total payment above the minimum listed in this subdivision.
        (11) A statement providing that the contracts, vouchers, and bills for all payments made by the school corporation are in its possession and open to public inspection.
        (12) The total indebtedness as of the end of the prior calendar year showing the total amount of notes, bonds, certificates, claims due, total amount due from such corporation for public improvement assessments or intersections of streets, and any and all other evidences of indebtedness outstanding and unpaid at the close of the prior calendar year.
    (d) The school corporation may provide an interpretation or explanation of the information included in the financial report.
    (e) The department of education shall do the following:
        (1) Develop guidelines for the preparation and form of the financial report.
        (2) Provide information to assist school corporations in the preparation of the financial report.
    (f) The annual reports required by this section, and IC 36-2-2-19 (before January 1, 2013), and IC 36-2-2.5-5 (after December 31,

2012) and the abstract required by IC 36-6-4-13 shall each be published one (1) time only, in accordance with this chapter.
    (g) Each school corporation shall submit to the department of education a copy of the financial report required under this section. The department of education shall make the financial reports available for public inspection.

SOURCE: IC 5-4-3-1; (09)IN0550.1.28. -->     SECTION 28. IC 5-4-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) An official bond of any state, county, township, or other public officer may not be approved until the execution is acknowledged by the principal and sureties before some officer authorized to take the acknowledgment of deeds. The officer taking the acknowledgment shall certify the act on the bond.
    (b) In the case of a surety company, the official bonds of the county treasurer and the city controller acting as city treasurer in a second class city shall be signed and acknowledged by the appropriate officers of the company in the presence of a notary public or other officer authorized to take acknowledgments. Otherwise, the official bonds of those officers shall be signed and acknowledged by the officers and their sureties in the presence of at least a majority of the board of county commissioners (before January 1, 2013) or at least a majority of the county council (after December 31, 2012) in the case of the county treasurer and of a majority of the common council of the city in the case of the city controller acting as city treasurer of a second class city.
SOURCE: IC 5-4-4-15; (09)IN0550.1.29. -->     SECTION 29. IC 5-4-4-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. The board of commissioners (before January 1, 2013) or executive (after December 31, 2012) of each county shall examine all the official bonds filed in the office of the clerk of the circuit court and in the office of the auditor of such county, and also the bond of such clerk; and if the penalty of any such bond is inadequate, or the sureties thereof are insufficient, or have removed from the state, except in case of the bond of the clerk, such board or executive shall direct such clerk to cause the necessary proceedings to be had as herein provided to procure new bond or additional sureties. And in case of such clerk's bond, such board or executive shall cause the auditor of such county to institute such proceedings; and in case such clerk or auditor fail to comply with the order of such board or executive, they shall be liable on their bonds for any damage occasioned by such neglect growing out of any malfeasance or nonfeasance or default in office of the officers complained against. Such board or executive may at any time institute such examination, of its own motion, as to the bond of any such officer,

or may make such examination on petition of any taxpayer.

SOURCE: IC 5-7-2-7; (09)IN0550.1.30. -->     SECTION 30. IC 5-7-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. It shall be unlawful for any board of commissioners (before January 1, 2013) or (after December 31, 2012) any county executive or county council to allow any county, township, or other public officer, any sum of money out of a county treasury except when the statutes confer the clear and unequivocal authority to do so: Provided, That the clerk of the circuit court shall receive for attendance upon the circuit court the same per diem as is allowed for attendance upon criminal and superior courts.
SOURCE: IC 5-11-5-4; (09)IN0550.1.31. -->     SECTION 31. IC 5-11-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. Any action brought by the attorney general, as provided in this article, may be brought in the name, as plaintiff, of the state of Indiana, or such municipality or subdivision of the state of Indiana as it may appear is entitled to recover moneys or to secure other relief under such action. If the action is brought on an official bond or official bonds, the cause may be brought in the name of the state of Indiana on the relation of such plaintiff. In an action against a township trustee, or ex-township trustee, or upon his the trustee's official bond, both the civil and school corporations may be named as plaintiff or relator in the same action, and recovery may be had for the aggregate amount due both corporations, but the court or jury trying the case shall, in the finding or verdict, state the amount due each corporation. In an action where a board of commissioners (before January 1, 2013) or (after December 31, 2012) a county executive or county council is plaintiff or relator, the plaintiff shall be entitled to recover against the delinquent officer or ex-officer, or upon his the officer's official bond or bonds, all such amounts as would be recoverable under all the laws of this state, including this chapter, in any or all actions by or upon the relation of the board of commissioners (before January 1, 2013) or (after December 31, 2012) a county executive or county council, or by or upon the relation of any county officer or other person authorized to sue for whatever funds, or for any funds of which it is the custodian and with which it is chargeable, and in case any of the funds so recovered are school funds, the court or jury trying the case shall find and state the amount thereof. In any action brought under this article, the plaintiff shall be entitled to recover, in addition to the amount misappropriated, diverted, or unaccounted for, all such penalties and interest as might be recoverable under laws other than this chapter.
    The term municipality, as used in this article, shall be construed to extend to, include and mean any county, township, city, town, school

corporation, special taxing district, or other political subdivision of Indiana.

SOURCE: IC 5-11-12-1; (09)IN0550.1.32. -->     SECTION 32. IC 5-11-12-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. Anything in existing law pertaining to the mode and form of records and accounting system in the offices of the county treasurer and county auditor to the contrary notwithstanding, hereafter the several boards of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) may provide for the installation of modern tax accounting systems in the offices of the treasurer and auditor of such counties by certifying a detailed description of the proposed installation and system and the records, books, ledgers, and forms proposed to exemplify such systems and methods to the state board of accounts of the state of Indiana after approval by such board of county commissioners or county executive. The said state board of accounts shall examine the forms, systems, and methods so proposed and if approved, shall certify that fact to such board of county commissioners or county executive and thereupon such board of county commissioners or county executive shall be at liberty, if it find finds that the installation and adoption of such new system and the use of such new forms will be of benefit to the county and that such benefit will exceed or at least equal the cost thereof, to install, adopt, and order the use of such new system, forms, ledgers, and methods; but no expenditure for forms or equipment shall be made nor any obligation incurred for that purpose until funds therefor have been appropriated by the county council as now provided by law. No such records, books, ledgers, forms, system, or equipment shall be installed or purchased or leased until and unless the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall have invited and received bids thereon in the manner and subject to the provisions of law concerning the purchase of other county materials, supplies, and equipment.
SOURCE: IC 5-11-12-2; (09)IN0550.1.33. -->     SECTION 33. IC 5-11-12-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. A board of county commissioners (before January 1, 2013) or (after December 31, 2012) a county executive or county council may not change its tax accounting system, system of accounting and reporting, or use of forms, ledgers, or other records under this chapter without the approval of the state board of accounts.
SOURCE: IC 5-13-7-1; (09)IN0550.1.34. -->     SECTION 34. IC 5-13-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. Except as provided in section 2 of this chapter, the board of commissioners (before

January 1, 2013) or county executive (after December 31, 2012) and the county treasurer in each county together constitute the county board of finance. The board has supervision of the revocation of public depositories for all public funds of the county.

SOURCE: IC 5-13-9-1; (09)IN0550.1.35. -->     SECTION 35. IC 5-13-9-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Except as provided in subsection (b), in addition to any other statutory power to make investments, each county treasurer and each fiscal officer of any political subdivision other than a county, under the guidelines established, respectively, by the board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) of each county and the fiscal body of any other subdivision, and any other officer of a local government entity authorized by statute or court order to make investments, may invest any funds held by each in accordance with this chapter.
    (b) The treasurer of state may invest funds under section 2.5 of this chapter.
    (c) The funds that may be invested under this chapter include money raised by bonds issued for a future specific purpose, sinking funds, depreciation reserve funds, gift, bequest or endowment, and any other funds available for investment.
SOURCE: IC 5-13-9-5; (09)IN0550.1.36. -->     SECTION 36. IC 5-13-9-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) The board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) of each county, and the fiscal body of each political subdivision other than a county, may by ordinance or resolution authorize the investing officer of each, respectively, to invest in certificates of deposit of depositories that have not been designated by the local board of finance of either but have been designated by the state board of finance as a depository for state deposits under IC 5-13-9.5. An ordinance or a resolution adopted under this subsection must provide that the authority granted in the ordinance or resolution expires on a date that is not later than two (2) years after the date the ordinance or resolution is adopted.
    (b) With respect to any money to be invested in a deposit account under subsection (a), the investing officer shall solicit quotes for the certificates of deposit from at least three (3) depositories. If only one (1) depository has been designated for the political subdivision by its local board of finance, a quote must be solicited from that depository. If two (2) or more depositories have been designated for the political subdivision by its local board of finance, at least two (2) quotes must be solicited from the depositories thus designated. The quotes may be

solicited and taken by telephone. A memorandum of all quotes solicited and taken shall be retained by the investing officer as a public record of the political subdivision under IC 5-14-3.
    (c) Investments in any certificates of deposit to which this section applies shall be placed in the depository quoting the highest rate of interest under subsection (b), as determined after deducting any fee charged by the depository. If two (2) or more depositories submit the same highest quote, the investment shall be placed as follows:
        (1) If only one (1) of the highest quoters is a depository designated for the political subdivision by its local board of finance, the investment shall be placed in that depository.
        (2) If more than one (1) of the highest quoters are depositories designated for the political subdivision by its local board of finance, the investment shall be placed by the investing officer in any or all of these depositories in the amount or amounts determined by the investing officer, in the investing officer's discretion.
        (3) If none of the highest quoters is a depository designated for the political subdivision by its local board of finance, the investment shall be placed by the investing officer in one (1) of the depositories submitting the highest quote.

SOURCE: IC 5-13-9-6; (09)IN0550.1.37. -->     SECTION 37. IC 5-13-9-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) All interest derived from an investment by a political subdivision or by any other local public officer under the authority granted by section 3 of this chapter shall be deposited, except as otherwise provided by law, in the general fund of the investment authority or in any other fund its governing body designates specifically or by rule, subject to the modifications and limitations in this section.
    (b) Interest from the following investments shall be receipted as follows:
        (1) Interest from investments of funds of a political subdivision that are traceable to United States government funds must be receipted to the fund of which they are a part, if required by federal law or regulation.
        (2) Interest from investments of funds controlled by court orders must be receipted to that fund unless otherwise designated by the court order.
    (c) Each county treasurer, if authorized by the board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) may invest tax collections under this chapter pending distribution of the collections to political subdivisions. These

investments may not:
        (1) exceed the amount available after giving consideration to taxes which may need to be advanced to any political subdivision; or
        (2) be made in deposit accounts or repurchase agreements, the maturity dates of which are later than the time when the tax collections are required by law to be distributed to political subdivisions.
    (d) The interest received on the investments made under subsection (c) shall be receipted to the county general fund or any other fund from which expenses incurred in the maintenance of county highways may be paid. The county fiscal body (as defined in IC 36-1-2-6) shall determine the allocation of this interest among the general fund and the various highway funds into which the interest may be deposited.
    (e) Any political subdivision may apply the interest derived from the investment of the proceeds from bonded indebtedness or local tax levies to the appropriate redemption bond interest or sinking fund for the bonded indebtedness.
    (f) If meter deposits of a municipally owned utility are invested, the interest earned on the investment may be applied to and used in the operation or depreciation fund of the municipally owned utility as determined by its governing body.
    (g) Interest from the investment of the public funds of a political subdivision may not be paid personally or for the benefit of any public officer.

SOURCE: IC 5-15-6-1; (09)IN0550.1.38. -->     SECTION 38. IC 5-15-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) A commission is hereby created in each county of the state which shall be known as the county commission of public records of ________________ county.
    (b) The county commission shall consist, ex officio, of the judge of the circuit court, the president of the board of county commissioners (before January 1, 2013) or (after December 31, 2012) either the county chief executive officer elected under IC 3-10-2-13 or the president of the county council elected under IC 36-2-3.8, the county auditor, the clerk of the circuit court, the county recorder, the superintendent of schools of the school district in which the county seat is located, and the city controller of the county seat city, and if there is no city controller, then the clerk-treasurer of the county seat city or town shall be a member of such commission.
    (c) The commission shall elect one (1) of its members to be chairman and the clerk of the circuit court shall be secretary. The members of the county commission shall serve without compensation

and shall receive no disbursement for any expense.
    (d) The county commission shall meet at least one (1) time in each calendar year.

SOURCE: IC 5-26-2-3; (09)IN0550.1.39. -->     SECTION 39. IC 5-26-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The commission is comprised of twelve (12) members as follows:
        (1) A sheriff appointed by the governor.
        (2) A chief of police appointed by the governor.
        (3) A fire chief appointed by the governor.
        (4) A head of an emergency medical services provider appointed by the governor.
        (5) A mayor appointed by the governor.
        (6) A:
             (A) county commissioner (before January 1, 2013); or
            (B) county chief executive officer elected under IC 3-10-2-13 or a member of a county council elected under IC 36-2-3.8 (after December 31, 2012);

        appointed by the governor.
        (7) A representative of campus law enforcement appointed by the governor.
        (8) A representative of the private sector appointed by the governor.
        (9) The superintendent of the state police department, who represents the state agency public safety committee.
        (10) The special agent in charge of the Indiana office of the Federal Bureau of Investigation or designee.
        (11) An individual appointed by the speaker of the house of representatives.
        (12) An individual appointed by the president pro tempore of the senate.
    (b) Not more than four (4) members appointed under subsection (a)(1) through (a)(8) may be members of the same political party.
SOURCE: IC 6-1.1-4-31; (09)IN0550.1.40. -->     SECTION 40. IC 6-1.1-4-31, AS AMENDED BY P.L.146-2008, SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 31. (a) The department of local government finance shall periodically check the conduct of:
        (1) a general reassessment of property;
        (2) work required to be performed by local officials under 50 IAC 21; and
        (3) other property assessment activities in the county, as determined by the department.
The department of local government finance may inform township

assessors (if any), county assessors, and the presidents of county councils in writing if its check reveals that the general reassessment or other property assessment activities are not being properly conducted, work required to be performed by local officials under 50 IAC 21 is not being properly conducted, or property assessments are not being properly made.
    (b) The failure of the department of local government finance to inform local officials under subsection (a) shall not be construed as an indication by the department that:
        (1) the general reassessment or other property assessment activities are being properly conducted;
        (2) work required to be performed by local officials under 50 IAC 21 is being properly conducted; or
        (3) property assessments are being properly made.
    (c) If the department of local government finance:
        (1) determines under subsection (a) that a general reassessment or other assessment activities for a general reassessment year or any other year are not being properly conducted; and
        (2) informs:
            (A) the township assessor (if any) of each affected township;
            (B) the county assessor; and
            (C) the president of the county council;
        in writing under subsection (a);
the department may order a state conducted assessment or reassessment under section 31.5 of this chapter to begin not less than sixty (60) days after the date of the notice under subdivision (2). If the department determines during the period between the date of the notice under subdivision (2) and the proposed date for beginning the state conducted assessment or reassessment that the general reassessment or other assessment activities for the general reassessment are being properly conducted, the department may rescind the order.
    (d) If the department of local government finance:
        (1) determines under subsection (a) that work required to be performed by local officials under 50 IAC 21 is not being properly conducted; and
        (2) informs:
            (A) the township assessor of each affected township (if any);
            (B) the county assessor; and
            (C) the president of the county council;
        in writing under subsection (a);
the department may conduct the work or contract to have the work conducted to begin not less than sixty (60) days after the date of the

notice under subdivision (2). If the department determines during the period between the date of the notice under subdivision (2) and the proposed date for beginning the work or having the work conducted that work required to be performed by local officials under 50 IAC 21 is being properly conducted, the department may rescind the order.
    (e) If the department of local government finance contracts to have work conducted under subsection (d), the department shall forward the bill for the services to the county and the county shall pay the bill under the same procedures that apply to county payments of bills for assessment or reassessment services under section 31.5 of this chapter.
    (f) A county council president who is informed by the department of local government finance under subsection (a) shall provide the information to the board of county commissioners (before January 1, 2013) or to the county council (after December 31, 2012). A board of county commissioners or county council that receives information under this subsection may adopt an ordinance (before January 1, 2013, in the case of a board of county commissioners, or after December 31, 2012, in the case of a county council) to do either or both of the following:
        (1) Determine that:
            (A) the information indicates that the county assessor has failed to perform adequately the duties of county assessor; and
            (B) by that failure the county assessor forfeits the office of county assessor and is subject to removal from office by an information filed under IC 34-17-2-1(b).
        (2) Determine that:
            (A) the information indicates that one (1) or more township assessors in the county have failed to perform adequately the duties of township assessor; and
            (B) by that failure the township assessor or township assessors forfeit the office of township assessor and are subject to removal from office by an information filed under IC 34-17-2-1(b).
    (g) A city-county council that is informed by the department of local government finance under subsection (a) may adopt an ordinance making the determination or determinations referred to in subsection (f).

SOURCE: IC 6-1.1-9-7; (09)IN0550.1.41. -->     SECTION 41. IC 6-1.1-9-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. If a county assessor believes that a taxpayer of his the county has not properly reported any personal property and that it is thus necessary to examine any records, property, or persons situated outside the county, he the county

assessor shall inform the county board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) of his the county assessor's belief. If the board (before January 1, 2013) or county executive (after December 31, 2012) is satisfied that the examination is necessary, the board or county executive may direct the county assessor to conduct it. If the board (before January 1, 2013) or county executive (after December 31, 2012) so directs, the county assessor shall make the examination. The board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall pay the expenses incurred by the county assessor in making the examination if he the county assessor submits an itemized statement of his the county assessor's expenses and a voucher for each item of expense.

SOURCE: IC 6-1.1-17-0.5; (09)IN0550.1.42. -->     SECTION 42. IC 6-1.1-17-0.5, AS AMENDED BY P.L.144-2008, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. (a) For purposes of this section, "assessed value" has the meaning set forth in IC 6-1.1-1-3(a).
    (b) The county auditor may exclude and keep separate on the tax duplicate for taxes payable in a calendar year the assessed value of tangible property that meets the following conditions:
        (1) The assessed value of the property is at least nine percent (9%) of the assessed value of all tangible property subject to taxation by a taxing unit.
        (2) The property is or has been part of a bankruptcy estate that is subject to protection under the federal bankruptcy code.
        (3) The owner of the property has discontinued all business operations on the property.
        (4) There is a high probability that the taxpayer will not pay property taxes due on the property in the following year.
    (c) This section does not limit, restrict, or reduce in any way the property tax liability on the property.
    (d) For each taxing unit located in the county, the county auditor may reduce for a calendar year the taxing unit's assessed value that is certified to the department of local government finance under section 1 of this chapter and used to set tax rates for the taxing unit for taxes first due and payable in the immediately succeeding calendar year. The county auditor may reduce a taxing unit's assessed value under this subsection only to enable the taxing unit to absorb the effects of reduced property tax collections in the immediately succeeding calendar year that are expected to result from any or a combination of the following:
        (1) Successful appeals of the assessed value of property located

in the taxing unit.
        (2) Deductions under IC 6-1.1-12-37 that result from the granting of applications for the homestead credit for the calendar year under IC 6-1.1-20.9-3 (repealed) or IC 6-1.1-20.9-3.5 (repealed) after the county auditor certifies assessed value as described in this section.
        (3) Deductions that result from the granting of applications for deductions for the calendar year under IC 6-1.1-12-44 after the county auditor certifies assessed value as described in this section.
Not later than December 31 of each year, the county auditor shall send a certified statement, under the seal of the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012), to the fiscal officer of each political subdivision of the county and to the department of local government finance. The certified statement must list any adjustments to the amount of the reduction under this subsection and the information submitted under section 1 of this chapter that are necessary as the result of processing homestead credit applications and deduction applications that are filed after the county auditor certifies assessed value as described in this section. The county auditor shall keep separately on the tax duplicate the amount of any reductions made under this subsection. The maximum amount of the reduction authorized under this subsection is determined under subsection (e).
    (e) The amount of the reduction in a taxing unit's assessed value for a calendar year under subsection (d) may not exceed two percent (2%) of the assessed value of tangible property subject to assessment in the taxing unit in that calendar year.
    (f) The amount of a reduction under subsection (d) may not be offered in a proceeding before the:
        (1) county property tax assessment board of appeals;
        (2) Indiana board; or
        (3) Indiana tax court;
as evidence that a particular parcel has been improperly assessed.

SOURCE: IC 6-1.1-17-1; (09)IN0550.1.43. -->     SECTION 43. IC 6-1.1-17-1, AS AMENDED BY P.L.146-2008, SECTION 146, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) On or before August 1 of each year, the county auditor shall send a certified statement, under the seal of the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012), to the fiscal officer of each political subdivision of the county and the department of local government finance. The statement shall contain:
        (1) information concerning the assessed valuation in the political subdivision for the next calendar year;
        (2) an estimate of the taxes to be distributed to the political subdivision during the last six (6) months of the current calendar year;
        (3) the current assessed valuation as shown on the abstract of charges;
        (4) the average growth in assessed valuation in the political subdivision over the preceding three (3) budget years, excluding years in which a general reassessment occurs, determined according to procedures established by the department of local government finance;
        (5) the amount of the political subdivision's assessed valuation reduction determined under section 0.5(d) of this chapter;
        (6) for counties with taxing units that cross into or intersect with other counties, the assessed valuation as shown on the most current abstract of property; and
        (7) any other information at the disposal of the county auditor that might affect the assessed value used in the budget adoption process.
    (b) The estimate of taxes to be distributed shall be based on:
        (1) the abstract of taxes levied and collectible for the current calendar year, less any taxes previously distributed for the calendar year; and
        (2) any other information at the disposal of the county auditor which might affect the estimate.
    (c) The fiscal officer of each political subdivision shall present the county auditor's statement to the proper officers of the political subdivision.
    (d) Subject to subsection (e) and except as provided in subsection (f), after the county auditor sends a certified statement under subsection (a) or an amended certified statement under this subsection with respect to a political subdivision and before the department of local government finance certifies its action with respect to the political subdivision under section 16(f) of this chapter, the county auditor may amend the information concerning assessed valuation included in the earlier certified statement. The county auditor shall send a certified statement amended under this subsection, under the seal of the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012), to:
        (1) the fiscal officer of each political subdivision affected by the amendment; and
        (2) the department of local government finance.
    (e) Except as provided in subsection (g), before the county auditor makes an amendment under subsection (d), the county auditor must provide an opportunity for public comment on the proposed amendment at a public hearing. The county auditor must give notice of the hearing under IC 5-3-1. If the county auditor makes the amendment as a result of information provided to the county auditor by an assessor, the county auditor shall give notice of the public hearing to the assessor.
    (f) Subsection (d) does not apply to an adjustment of assessed valuation under IC 36-7-15.1-26.9(d).
    (g) The county auditor is not required to hold a public hearing under subsection (e) if:
        (1) the amendment under subsection (d) is proposed to correct a mathematical error made in the determination of the amount of assessed valuation included in the earlier certified statement;
        (2) the amendment under subsection (d) is proposed to add to the amount of assessed valuation included in the earlier certified statement assessed valuation of omitted property discovered after the county auditor sent the earlier certified statement; or
        (3) the county auditor determines that the amendment under subsection (d) will not result in an increase in the tax rate or tax rates of the political subdivision.
SOURCE: IC 6-1.1-17-15; (09)IN0550.1.44. -->     SECTION 44. IC 6-1.1-17-15, AS AMENDED BY P.L.146-2008, SECTION 159, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. A political subdivision may appeal to the department of local government finance for an increase in its tax rate or tax levy as fixed by the county board of tax adjustment or the county auditor. To initiate the appeal, the political subdivision must file a statement with the department of local government finance not later than ten (10) days after publication of the notice required by section 12 of this chapter. The legislative body of the political subdivision must authorize the filing of the statement by adopting a resolution. The resolution must be attached to the statement of objections, and the statement must be signed by the following officers:
        (1) In the case of counties, by:
             (A) the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012); and by
             (B) the president of the county council.
        (2) In the case of all other political subdivisions, by the highest executive officer and by the presiding officer of the legislative

body.

SOURCE: IC 6-1.1-18-8; (09)IN0550.1.45. -->     SECTION 45. IC 6-1.1-18-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) Except as provided in subsections (b) and (c), of this section, a political subdivision may not expend any funds which it has received from the state and which it is required to include in its budget estimate under IC 1971, 6-1.1-17-2 unless:
        (1) the funds have been included in a budget estimate by the political subdivision; and
        (2) the funds have been appropriated by the proper officers of the political subdivision in the amounts and for the specific purposes for which they may be used.
    (b) The county council shall appropriate funds for the operation of the county highway department for the entire ensuing budget year for which annual appropriations are being made. The appropriation shall be for an amount which is not less than the greater of:
        (1) seventy-five percent (75%) of the total estimated to be in the highway fund in the ensuing budget year; or
        (2) ninety-nine percent (99%) of the total estimated to be in the highway fund in the ensuing budget year if:
             (A) the county commissioners file (before January 1, 2013) or the county chief executive officer (after December 31, 2012) files with the county council; or
            (B) in the case of county that after December 31, 2012, has a county council elected under IC 36-2-3.8 that is the county executive, county legislative body, and county fiscal body, the county council adopts;

        a four (4) year plan for the construction and improvement of county highways and a one (1) year plan for the maintenance and repair of the county highways.
    (c) In the event of a casualty, accident, or extraordinary emergency, the proper officers of a political subdivision may use state funds to make an additional appropriation under section 5 of this chapter.
SOURCE: IC 6-1.1-22-8.1; (09)IN0550.1.46. -->     SECTION 46. IC 6-1.1-22-8.1, AS AMENDED BY P.L.3-2008, SECTION 53, AND AS AMENDED BY P.L.146-2008, SECTION 251, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8.1. (a) This section applies only to property taxes and special assessments first due and payable after December 31, 2007.
    (b) The county treasurer shall:
        (1) mail to the last known address of each person liable for any property taxes or special assessment, as shown on the tax

duplicate or special assessment records, or to the last known address of the most recent owner shown in the transfer book; and
        (2) transmit by written, electronic, or other means to a mortgagee maintaining an escrow account for a person who is liable for any property taxes or special assessments, as shown on the tax duplicate or special assessment records;
a statement in the form required under subsection (c). However, for property taxes first due and payable in 2008, the county treasurer may choose to use a tax statement that is different from the tax statement prescribed by the department under subsection (c). If a county chooses to use a different tax statement, the county must still transmit (with the tax bill) the statement in either color type or black-and-white type.
    (c) The department of local government finance shall prescribe a form, subject to the approval of the state board of accounts, for the statement under subsection (b) that includes at least the following:
        (1) A statement of the taxpayer's current and delinquent taxes and special assessments.
        (2) A breakdown showing the total property tax and special assessment liability and the amount of the taxpayer's liability that will be distributed to each taxing unit in the county.
        (3) An itemized listing for each property tax levy, including:
            (A) the amount of the tax rate;
            (B) the entity levying the tax owed; and
            (C) the dollar amount of the tax owed.
        (4) Information designed to show the manner in which the taxes and special assessments billed in the tax statement are to be used.
        (5) A comparison showing any change in the assessed valuation for the property as compared to the previous year.
        (6) A comparison showing any change in the property tax and special assessment liability for the property as compared to the previous year. The information required under this subdivision must identify:
            (A) the amount of the taxpayer's liability distributable to each taxing unit in which the property is located in the current year and in the previous year; and
            (B) the percentage change, if any, in the amount of the taxpayer's liability distributable to each taxing unit in which the property is located from the previous year to the current year.
        (7) An explanation of the following:
            (A) The homestead credit and all property tax deductions.
            (B) The procedure and deadline for filing for the homestead

credit and each deduction.
            (C) The procedure that a taxpayer must follow to:
                (i) appeal a current assessment; or
                (ii) petition for the correction of an error related to the taxpayer's property tax and special assessment liability.
            (D) The forms that must be filed for an appeal or a petition described in clause (C).
        The department of local government finance shall provide the explanation required by this subdivision to each county treasurer.
        (8) A checklist that shows:
            (A) the homestead credit and all property tax deductions; and
            (B) whether the homestead credit and each property tax deduction applies in the current statement for the property transmitted under subsection (b).
    (d) The county treasurer may mail or transmit the statement one (1) time each year at least fifteen (15) days before the date on which the first or only installment is due. Whenever a person's tax liability for a year is due in one (1) installment under IC 6-1.1-7-7 or section 9 of this chapter, a statement that is mailed must include the date on which the installment is due and denote the amount of money to be paid for the installment. Whenever a person's tax liability is due in two (2) installments, a statement that is mailed must contain the dates on which the first and second installments are due and denote the amount of money to be paid for each installment.
    (e) All payments of property taxes and special assessments shall be made to the county treasurer. The county treasurer, when authorized by the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012), may open temporary offices for the collection of taxes in cities and towns in the county other than the county seat.
    (f) The county treasurer, county auditor, and county assessor shall cooperate to generate the information to be included in the statement under subsection (c).
    (g) The information to be included in the statement under subsection (c) must be simply and clearly presented and understandable to the average individual.
    (h) After December 31, 2007, a reference in a law or rule to IC 6-1.1-22-8 (expired January 1, 2008, and repealed) shall be treated as a reference to this section.

SOURCE: IC 6-1.1-22.5-13; (09)IN0550.1.47. -->     SECTION 47. IC 6-1.1-22.5-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. Taxpayers shall make all payments under this chapter to the county treasurer. The board

of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) may authorize the county treasurer to open temporary offices to receive payments under this chapter in municipalities in the county other than the county seat.

SOURCE: IC 6-1.1-25-0.5; (09)IN0550.1.48. -->     SECTION 48. IC 6-1.1-25-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 6-1.1-26-0.5; (09)IN0550.1.49. -->     SECTION 49. IC 6-1.1-26-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 6-1.1-27-6; (09)IN0550.1.50. -->     SECTION 50. IC 6-1.1-27-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) If the board of county commissioners (before January 1, 2013) or executive (after December 31, 2012) of a county determines that the county treasurer has paid, and accounted to the board for, more money than was due from him, the county treasurer, the board or executive shall direct the county auditor to credit the county treasurer with the sum improperly paid and shall order that the sum be repaid out of the county treasury. It is not necessary to appropriate the money to be refunded before it is paid.
    (b) If improper or erroneous payments are made by a county treasurer to the state treasurer, the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall order the county auditor to certify to the state auditor a statement concerning the improper or erroneous payments. The state auditor shall audit the statement and shall allow the amount due as a claim against the treasurer of state. The state treasurer shall refund the amount due out of money not otherwise appropriated.
    (c) A refund may not be made to a county treasurer under this section after the expiration of ten (10) years from the date when the amount was improperly or erroneously paid by him. the county treasurer.
SOURCE: IC 6-1.1-28-0.5; (09)IN0550.1.51. -->     SECTION 51. IC 6-1.1-28-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city

has the powers, duties, and responsibilities under this chapter of the board of county commissioners.

SOURCE: IC 6-1.1-29-0.5; (09)IN0550.1.52. -->     SECTION 52. IC 6-1.1-29-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 6-1.1-35-0.5; (09)IN0550.1.53. -->     SECTION 53. IC 6-1.1-35-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 6-1.1-36-0.5; (09)IN0550.1.54. -->     SECTION 54. IC 6-1.1-36-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 6-1.5-5-10; (09)IN0550.1.55. -->     SECTION 55. IC 6-1.5-5-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. (a) The Indiana board may file an affidavit with a circuit court of this state if:
        (1) the Indiana board has requested that a person give information or produce books or records; and
        (2) the person has not complied with the request.
    (b) An affidavit filed under subsection (a) must state that the person has not complied with the request of the Indiana board to give information or produce books or records.
    (c) When an affidavit is filed under subsection (a), the circuit court shall issue a writ that directs the person to appear at the office of the Indiana board and to give the requested information or produce the requested books or records. The appropriate county sheriff shall serve the writ. Disobedience of the writ is punishable as a contempt of the court that issued the writ.
    (d) If a writ is issued under this section, the cost incurred in filing the affidavit, in the issuance of the writ, and in the service of the writ shall be charged to the person against whom the writ is issued. If a writ is not issued, all costs shall be charged to the county in which the circuit court proceedings are held, and the board of commissioners (before January 1, 2013) or executive (after December 31, 2012) of that county shall allow a claim for the costs.
SOURCE: IC 6-9-0.5; (09)IN0550.1.56. -->     SECTION 56. IC 6-9-0.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 0.5. County Executives in Certain Counties
    Sec. 1. After December 31, 2012,
the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this article of the board of county commissioners.
SOURCE: IC 6-9-7-2; (09)IN0550.1.57. -->     SECTION 57. IC 6-9-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) There is created a ten (10) member convention and visitor commission (referred to as the "commission" in this chapter) whose purpose is to promote the development and growth of the convention and visitor industry in the county.
    (b) The county council shall, by majority vote, appoint three (3) members of the commission, at least one (1) of whom must be engaged in the hotel or motel business in the county, at least one (1) of whom must be a representative of the travel or visitor industry in the county, and at least one (1) of whom must be a member of the county council. The county commissioners (before January 1, 2013) shall by majority vote appoint or the county executive (after December 31, 2012) shall appoint three (3) members of the commission, at least one (1) of whom must be engaged in the hotel or motel business in the county, at least one (1) of whom must (for appointments before January 1, 2013) be a county commissioner, and at least one (1) of whom must be a representative of the county's business community which representative may be an executive officer of the chamber of commerce of the county's largest city. The members appointed by the council and the commissioners shall, by a majority vote, appoint one (1) member of the commission from the Purdue conferences department. The executive of the city with the greatest population in the county shall appoint two (2) members of the commission, one (1) who must be a representative of the economic development community and one (1) who must be a representative of the travel or visitor industry in the county. The executive of the city with the second greatest population in the county shall appoint one (1) member of the commission, who must be a representative of the travel or visitor industry.
    (c) All terms of office begin on January 1 and end on December 31. Members of the commission appointed by the county council serve two (2) year terms, and members appointed by the county commissioners or by the other members of the commission serve one (1) year terms. A member whose term expires may be reappointed to serve another

term. If a vacancy occurs, a qualified person shall be appointed by the original appointing authority to serve for the remainder of the term.
    (d) A member of the commission may be removed for cause by his the member's appointing authority.
    (e) Members of the commission may not receive a salary. However, commission members shall receive reimbursement for necessary expenses, but only when those necessary expenses are incurred in the performance of their respective duties. In addition, commission members may receive a maximum of thirty-five dollars ($35) per diem expenses for attendance at the official commission meetings.

SOURCE: IC 6-9-38-24; (09)IN0550.1.58. -->     SECTION 58. IC 6-9-38-24, AS ADDED BY P.L.214-2005, SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 24. (a) The food and beverage tax revenue committee is established to make recommendations concerning the use of money in the funds established under section 20 of this chapter. The committee consists of the following members:
        (1) One (1) resident of the county representing:
             (A) before January 1, 2013, each of the three (3) commissioner districts; or
            (B) after December 31, 2012, different geographic areas of the county;

        appointed by the county executive. Not more than two (2) of the members appointed under this subdivision may be from the same political party.
        (2) Two (2) residents of the county, appointed by the county fiscal body. The two (2) appointees may not be from the same political party.
        (3) Two (2) residents of the largest city in the county, appointed by the city executive. The two (2) appointees under this subdivision may not be from the same political party. One (1) appointee must be interested in economic development.
        (4) Two (2) residents of the largest city in the county, appointed by the city fiscal body. The two (2) appointees under this subdivision may not be from the same political party. One (1) appointee must be interested in tourism.
    (b) Except as provided in subsection (c), the term of a member appointed to the food and beverage tax revenue committee under this section is four (4) years.
    (c) The initial terms of office for the members appointed to the food and beverage tax revenue committee under subsection (a) are as follows:
        (1) Of the members appointed under subsection (a)(1), one (1)

member shall be appointed for a term of two (2) years, one (1) member shall be appointed for three (3) years, and one (1) member shall be appointed for four (4) years.
        (2) Of the members appointed under subsection (a)(2), one (1) member shall be appointed for two (2) years and one (1) member shall be appointed for three (3) years.
        (3) Of the members appointed under subsection (a)(3), one (1) member shall be appointed for two (2) years and one (1) member shall be appointed for three (3) years.
        (4) Of the members appointed under subsection (a)(4), one (1) member shall be appointed for three (3) years and one (1) member shall be appointed for four (4) years.
    (d) At the expiration of a term under subsection (c), the member whose term expired shall be reappointed to the food and beverage tax revenue committee to fill the vacancy caused by the expiration.
    (e) The food and beverage tax revenue committee is abolished on the date that the county fiscal body adopts a resolution abolishing the food and beverage tax revenue committee. A county fiscal body may adopt a resolution under this subsection if the county fiscal body determines that each unit in the county that had imposed a tax under this chapter has adopted an ordinance to rescind the tax.

SOURCE: IC 7.1-2-4-0.5; (09)IN0550.1.59. -->     SECTION 59. IC 7.1-2-4-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 7.1-3-9.5-2; (09)IN0550.1.60. -->     SECTION 60. IC 7.1-3-9.5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The holder of a supplemental caterer's permit shall notify the commission in writing fifteen (15) days in advance of each function that the permittee intends to cater with alcoholic beverages. The commission may waive the fifteen (15) day notice period required under this subsection, but may not waive the requirement for filing notice.
    (b) The notice shall include the following:
        (1) The date, time, and location of the function to be catered.
        (2) If the function is open to the public, located in a county having a population of less than one hundred fifty thousand (150,000), and located in a different county from the county where the permittee holds the three-way permit required under section 1 of this chapter, the signature of the following official on a document stating the official's approval of the catering of alcoholic

beverages at the proposed date, time, and location:
            (A) The president of the town council, if the location is in a town.
            (B) The mayor, if the location is in a city.
            (C) The president of the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012), if the location is in unincorporated territory.
    (c) If a permittee complies with all notice requirements of subsection (b), the commission in its absolute discretion has the authority, any other provision of this title to the contrary notwithstanding, to approve the proposed date and location of the function to be catered.
    (d) The commission need not notify the permittee if the commission approved the proposed date and location, and the permittee may proceed as stated in the permittee's notice to the commission. The commission shall notify the permittee by certified United States mail, in advance of the function, if the commission does not approve the proposed date or location.
    (e) A permittee whose proposed date or location has been disapproved by the commission still may cater the function on that date and at that location, but the permittee may not cater alcoholic beverages at that function on that date and at that location.

SOURCE: IC 8-1-2-0.5; (09)IN0550.1.61. -->     SECTION 61. IC 8-1-2-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 8-1-15-2; (09)IN0550.1.62. -->     SECTION 62. IC 8-1-15-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. Upon the filing of the petition described in section 1 of this chapter, the court shall set a time for hearing not less than fourteen (14) days nor more than twenty-one (21) days thereafter and notice shall be given of the filing of said petition and the time set for hearing thereof by publication for two (2) full weeks in some newspaper, daily or daily except Sunday, of general circulation in each county wherein any portion of said highway is located. The notice shall be directed to the inhabitants of said county or counties and shall set forth a description of the highway or portion thereof which petitioner seeks to be vacated or relocated and in case of relocation, a distinct description of the proposed new route shall be given. A copy of the notice shall be personally served on the board of

commissioners (before January 1, 2013) or county executive (after December 31, 2012) of each county in which said highway or any portion thereof is located in the same manner as a summons is served in civil cases. In case of vacation, the clerk of the court shall also send a copy of the published notice by registered mail to each of the owners of the abutting land affected by the vacation proceedings as set out in the petition, provided that the attorney of record who files said vacation proceedings shall deliver to said clerk sufficient postage and copies of the published notice to cover the mailing to such abutting owners.

SOURCE: IC 8-1-23-0.5; (09)IN0550.1.63. -->     SECTION 63. IC 8-1-23-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 8-2-15-0.5; (09)IN0550.1.64. -->     SECTION 64. IC 8-2-15-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 8-3-14-1; (09)IN0550.1.65. -->     SECTION 65. IC 8-3-14-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. If, at any time after the location of the line of any railroad chartered by this state, and the filing of the map thereof, it shall appear to the directors of such company that the line thereof is necessarily dangerous, inconvenient, or expensive to operate, by reason of unavoidable causes, grades, or serious errors in location, such directors may make local alteration of the line, and cause a new map to be filed in the office where the map showing the first location is filed, and may thereupon take possession of the lands embraced in such new location which may be necessary for the construction and maintenance of such road on such altered line, either by agreement of the owner or by such proceedings as are authorized by the charter of such company, and may use such new line in place of the one for which it is substituted; but nothing in this chapter shall be so construed as to confer upon such railroad company any power to locate its road on any route which would not have been authorized by its charter; and nothing in this chapter contained shall authorize such company to make a location of its track within any city without the consent of the common council of such city, nor to change its road so as to avoid any point named in its charter. And any change so made by any railroad company shall subject said railroad company

to the payment of all damages that may be sustained by any person, persons, or corporation on account of such change; provided, that if any railroad company change or relocate any part of its track for a distance of one (1) mile or more, thereby abandoning any part of its track or road as previously located, constructed, and operated, for a distance of one (1) mile or more, such railroad company shall, previous to such change, relocation, or abandoning, pay to the owner or owners of any real estate lying upon, along, or near the route or line of said road from which such track is proposed to be taken all damages which may accrue to such owner or owners on account of such removal; such damages shall be assessed in the same manner as lands taken for railroad purposes in pursuance of the statute in force on April 23, 1903, in this state; and said damages, when so assessed, shall be paid to the owner or owners of said lands, or paid into the office of the clerk of the county in which said lands are located, for the use of said owner or owners, previous to the relocation or abandonment of said track; provided, further, that in all cases where any railroad company has made, before or after April 23, 1903, any such alterations as are provided for in this chapter, the board of county commissioners (before January 1, 2013) or executive (after December 31, 2012) of the county in which such alterations are made may locate a public highway on the old line or route of such railroad for which such new line is substituted by the same proceedings and on the same terms as public highways are on or after April 23, 1903, located.

SOURCE: IC 8-4.5-4-3; (09)IN0550.1.66. -->     SECTION 66. IC 8-4.5-4-3, AS AMENDED BY P.L.59-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The Indiana department of transportation shall hold at least one (1) public meeting in a county through which the corridor passes before determining whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned. Notice of the meeting must be given in accordance with IC 5-14-1.5.
    (b) In addition to the notice requirements of IC 5-14-1.5, the department shall give notice of a meeting under this section to the following:
        (1) The county commissioners (before January 1, 2013) or county executive (after December 31, 2012) of each county through which the railroad's interest in the proposed abandoned corridor passes.
        (2) The legislative body of each city or town:
            (A) through which the railroad's interest in the corridor passes; or
            (B) that is within one (1) mile of any part of the railroad's

interest in the corridor.
        (3) The railroad that proposes to abandon the railroad's interest in the corridor.
        (4) The Indiana utility regulatory commission.
Notice must be given to the persons described in subdivisions (1) through (4) not later than the date notice is required to be published under IC 5-14-1.5.
    (c) The department may hold additional meetings before making a determination under this chapter.
    (d) The department shall hold a meeting under this section in each county through which the railroad's interest in the corridor passes.

SOURCE: IC 8-5-1-0.5; (09)IN0550.1.67. -->     SECTION 67. IC 8-5-1-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 8-5-15-3; (09)IN0550.1.68. -->     SECTION 68. IC 8-5-15-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The district shall be supervised and managed by a board of trustees, which consists of the following:
        (1) Four (4) members, one (1) from each county that is a member of the district, appointed by that county's board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012).
        (2) Four (4) members, one (1) from each county that is a member of the district, each of whom is the president of that county's county council or another council member designated by the president as a board member.
        (3) One (1) member representing the rest of the state, appointed by the governor.
        (4) One (1) passenger member appointed by the governor. The member appointed under this subdivision must be selected from passengers who have submitted a letter of interest to the governor. To be considered for this position, a passenger must submit a letter of interest to the governor during a two (2) week period that begins sixty (60) days before the expiration of the term of the member appointed under this subdivision. A member of the board serving under this subdivision is not required to submit a letter of interest to be eligible for appointment to a successive term.
        (5) One (1) member who is an employee of the district, appointed by the governor from a list of names submitted by the labor

unions representing the employees of the district. Each labor union representing employees of the district may submit one (1) name to be included on the list of names under this subdivision.
    (b) A member shall serve for a term of two (2) years from the beginning of the term for which the member was appointed and until a successor has qualified for the office. Each member shall serve at the pleasure of the appointing authority but is eligible for reappointment for successive terms.
    (c) The members of the board shall elect for a one (1) year term:
        (1) one (1) member as chairman;
        (2) one (1) member to serve as vice chairman;
        (3) one (1) member to serve as secretary; and
        (4) one (1) member to serve as treasurer.
    (d) Ninety (90) days before the expiration of the term of the board member appointed under subsection (a)(4), the district shall post in each commuter station in the district a notice of the opening on the board of trustees. The notice must announce the opening for a passenger member on the board of trustees and provide information on submitting a letter of interest. The notice must state the period in which the passenger must submit a letter of interest. The notice must remain posted until the expiration of the two (2) week period described in subsection (a)(4).
    (e) A member appointed under subsection (a)(4) or (a)(5) may not:
        (1) vote on issues involving perceived or actual financial conflicts of interest, including personnel issues, collective bargaining, and assessment or levy of taxes; or
        (2) participate in an executive session of the board under IC 5-14-1.5-6.1, on issues regarding:
            (A) the discussion of strategy for:
                (i) collective bargaining; or
                (ii) the initiation of litigation or litigation that is either pending or has been threatened specifically in writing;
            as described in IC 5-14-1.5-6.1(b)(2); or
            (B) the discussion of job performance evaluation of individual employees, except for a discussion of the salary, compensation, or benefits of employees during a budget process, as described in IC 5-14-1.5-6.1(b)(9).
    (f) The members appointed under subsection (a)(4) and (a)(5) must reside in different counties.

SOURCE: IC 8-5-15-8; (09)IN0550.1.69. -->     SECTION 69. IC 8-5-15-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) The board of commissioners (before January 1, 2013) or the county council (after

December 31, 2012) of any county may authorize the grant of funds to any commuter transportation system serving or passing through the county for the purchase of equipment or other capital improvements. The grants shall be made to a district for distribution to the commuter transportation systems or for purchases of equipment or capital improvements to be used on or by the systems in connection with its public transportation operation.
    (b) In the event the county is not a member of a district, a grant authorized by this section may be distributed directly to a commuter transportation system.

SOURCE: IC 8-6-1-0.5; (09)IN0550.1.70. -->     SECTION 70. IC 8-6-1-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 8-6-2.1-0.5; (09)IN0550.1.71. -->     SECTION 71. IC 8-6-2.1-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 8-6-5-1; (09)IN0550.1.72. -->     SECTION 72. IC 8-6-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. All railroads owned or operated in the state having more than two (2) tracks across any public highway or road, and used for switching purposes exclusively or regularly, or if only one (1) track and used for switching purposes, said railroad corporation shall, upon the order of the county commissioners (before January 1, 2013) or county executive (after December 31, 2012) in which said railroad is located, place a flagman at said crossing and maintain the same at their expense from six o'clock a.m. to eight o'clock p.m. of each day and every day, or so long as said commissioners or county executive deem it necessary.
SOURCE: IC 8-6-7-1; (09)IN0550.1.73. -->     SECTION 73. IC 8-6-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. The Indiana department of transportation shall, upon proper petition by:
        (1) five (5) or more citizens of this state; or
        (2) a board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012);
conduct a hearing to declare as dangerous or extra hazardous any grade crossing in this state that the department finds to be of such a character as that the safety of the users of the highway requires the installation of

automatic train-activated warning signals or other crossing safety devices. The petition, hearing, and all proceedings must conform with IC 4-21.5.

SOURCE: IC 8-10-5-2; (09)IN0550.1.74. -->     SECTION 74. IC 8-10-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) Any municipal corporation, county, or any combination of a municipal corporation, municipal corporations, county or counties may create a port authority and there may be created a port authority in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). Such authority may operate in addition to any municipal authority that may be created under this chapter. A municipal corporation shall act by ordinance, and a county shall act by resolution of the county commissioners (for port authorities created before January 1, 2013) or the county council (for port authorities created after December 31, 2012) in authorizing the creation of a port authority. A port authority created hereunder shall be a body corporate and politic which may sue and be sued, plead and be impleaded, and shall have the powers and jurisdiction enumerated in this chapter. The exercise by such port authority of the powers conferred upon it shall be deemed to be essential governmental functions of the state of Indiana, but no port authority shall be immune from liability by reason thereof.
    (b) In the exercise of the powers and authorities herein granted said port authority shall have power to make and enter into any and all contracts in the name or names of the governmental unit or units creating such authority, and such contracts as may be necessary to effectuate the purposes of this chapter and which are not otherwise expressly provided for shall be made without ratification thereof by any other board, body, or officer.
SOURCE: IC 8-10-5-5; (09)IN0550.1.75. -->     SECTION 75. IC 8-10-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) A port authority created in accordance with the provisions of this chapter shall be governed by a board of directors. Except as provided in subsection (c), members of a board of directors of a port authority created by the exclusive action of a municipal corporation shall consist of the number of members it deems necessary and be appointed by the mayor with the advice and consent of the common council. Members of a board of directors of a port authority created by the exclusive action of a county shall consist of such members as it deems necessary and be appointed by the county commissioners (for appointments before January 1, 2013) or the county executive (for appointments after December 31, 2012) of such county. Members of a board of directors of a port

authority created by a combination of political subdivisions shall be divided among such political subdivisions in such proportions as such political subdivisions may agree and appointed in the same manner as this section provides for their appointment when such political subdivision creates its own port authority. When a port authority is created by a combination of political subdivisions, the number of directors composing the board shall be determined by agreement between such political subdivisions.
    (b) In the case of a port authority created under section 2 of this chapter in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000), the board of directors shall consist of seven (7) members, three (3) of whom shall be appointed by the board of county commissioners (for appointments before January 1, 2013) or the county executive (for appointments after December 31, 2012), one (1) each by the mayors of the three (3) cities in the county having the largest populations, and the mayor of the city having the largest population shall appoint any remaining member or members. The board shall be appointed as follows:
        (1) The mayors of the three (3) cities in the county having the largest populations shall each make one (1) appointment.
        (2) The board of county commissioners (for appointments before January 1, 2013) or the county executive (for appointments after December 31, 2012) shall make its three (3) appointments following the naming of the city appointees and appoint persons of such political faith as to make the board of directors a bipartisan body.
        (3) If a city is entitled to a second appointment, the mayor shall make the appointment subject to retaining the board's bipartisan status.
        (4) In no event may more than three (3) board members residing in the same city serve on said board at the same time.
        (5) In no event may more than four (4) members of one (1) political party serve on the board at the same time.
    (c) This subsection applies to a port authority created under section 2 of this chapter by the exclusive action of a municipal corporation in a city having a population of more than seventy-five thousand (75,000) but less than ninety thousand (90,000). The board of directors of the port authority consists of five (5) members appointed as follows:
        (1) Three (3) members appointed by the mayor of the city.
        (2) Two (2) members appointed by the legislative body of the city.
    (d) The appointing authority may at any time remove a director

appointed by it for misfeasance, nonfeasance, or malfeasance in office.
    (e) At the time of appointment, a director must be a resident of one (1) of the following:
        (1) The political subdivision from which the director is appointed.
        (2) The county within which the port authority is established.
At all times, a majority of the directors must be residents of the political subdivisions from which the members are appointed.
    (f) The directors of any port authority first appointed shall serve staggered terms. Thereafter each successor shall serve for a term of four (4) years, except that any person appointed to fill a vacancy shall be appointed to only the unexpired term and any director shall be eligible for reappointment.
    (g) The directors shall elect one (1) of their membership as chairman, and another as vice chairman, and shall designate their terms of office, and shall appoint a secretary who need not be a director. A majority of the board of directors shall constitute a quorum the affirmative vote of which shall be necessary for any action taken by the port authority. No vacancy in the membership of the board shall impair the rights of a quorum to exercise all the rights and perform all the duties of the port authority.
    (h) Each member of the board of directors of a port authority shall be entitled to receive from the port authority such sum of money as the board of directors may determine as compensation for the member's service as director and reimbursement for the member's reasonable expenses in the performance of the member's duties.

SOURCE: IC 8-14-1-3; (09)IN0550.1.76. -->     SECTION 76. IC 8-14-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. The money collected for the motor vehicle highway account fund and remaining after refunds and the payment of all expenses incurred in the collection thereof, and after the deduction of the amount appropriated to the department for traffic safety and after the deduction of one-half (1/2) of the amount appropriated for the state police department, shall be allocated to and distributed among the department and subdivisions designated as follows:
        (1) Of the net amount in the motor vehicle highway account the auditor of state shall set aside for the cities and towns of the state fifteen percent (15%) thereof. This sum shall be allocated to the cities and towns upon the basis that the population of each city and town bears to the total population of all the cities and towns and shall be used for the construction or reconstruction and maintenance of streets and alleys and shall be annually budgeted as now provided by law. However, no part of such sum shall be

used for any other purpose than for the purposes defined in this chapter. If any funds allocated to any city or town shall be used by any officer or officers of such city or town for any purpose or purposes other than for the purposes as defined in this chapter, such officer or officers shall be liable upon their official bonds to such city or town in such amount so used for other purposes than for the purposes as defined in this chapter, together with the costs of said action and reasonable attorney fees, recoverable in an action or suit instituted in the name of the state of Indiana on the relation of any taxpayer or taxpayers resident of such city or town. A monthly distribution thereof of funds accumulated during the preceding month shall be made by the auditor of state.
        (2) Of the net amount in the motor vehicle highway account, the auditor of state shall set aside for the counties of the state thirty-two percent (32%) thereof. However, as to the allocation to cities and towns under subdivision (1), and as to the allocation to counties under this subdivision in the event that the amount in the motor vehicle highway account fund remaining after refunds and the payment of all expenses incurred in the collection thereof and after deduction of any amount appropriated by the general assembly for public safety and policing shall be less than twenty-two million six hundred and fifty thousand dollars ($22,650,000), in any fiscal year then the amount so set aside in the next calendar year for distributions to counties shall be reduced fifty-four percent (54%) of such deficit and the amount so set aside for distribution in the next calendar year to cities and towns shall be reduced thirteen percent (13%) of such deficit. Such reduced distributions shall begin with the distribution January 1 of each year.
        (3) The amount set aside for the counties of the state under the provisions of subdivision (2) shall be allocated monthly upon the following basis:
            (A) Five percent (5%) of the amount allocated to the counties to be divided equally among the ninety-two (92) counties.
            (B) Sixty-five percent (65%) of the amount allocated to the counties to be divided on the basis of the ratio of the actual miles, now traveled and in use, of county roads in each county to the total mileage of county roads in the state, which shall be annually determined, accurately, by the department.
            (C) Thirty percent (30%) of the amount allocated to the counties to be divided on the basis of the ratio of the motor vehicle registrations of each county to the total motor vehicle

registration of the state.
        All money so distributed to the several counties of the state shall constitute a special road fund for each of the respective counties and shall be under the exclusive supervision and direction of the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) in the construction, reconstruction, maintenance, or repair of the county highways or bridges on such county highways within such county.
        (4) Each month the remainder of the net amount in the motor vehicle highway account shall be credited to the state highway fund for the use of the department.
        (5) Money in the fund may not be used for any toll road or toll bridge project.
        (6) Notwithstanding any other provisions of this section, money in the motor vehicle highway account fund may be appropriated to the Indiana department of transportation from the forty-seven percent (47%) distributed to the political subdivisions of the state to pay the costs incurred by the department in providing services to those subdivisions.
        (7) Notwithstanding any other provisions of this section or of IC 8-14-8, for the purpose of maintaining a sufficient working balance in accounts established primarily to facilitate the matching of federal and local money for highway projects, money may be appropriated to the Indiana department of transportation as follows:
            (A) One-half (1/2) from the forty-seven percent (47%) set aside under subdivisions (1) and (2) for counties and for those cities and towns with a population greater than five thousand (5,000).
            (B) One-half (1/2) from the distressed road fund under IC 8-14-8.

SOURCE: IC 8-16-2-0.5; (09)IN0550.1.77. -->     SECTION 77. IC 8-16-2-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 8-16-3.5-8; (09)IN0550.1.78. -->     SECTION 78. IC 8-16-3.5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) When the lessor corporation and the county have agreed upon the terms and conditions of any lease proposed to be entered into under this chapter and before the final execution of the lease, a notice must be published in

accordance with IC 5-3-1 of a hearing before the county executive. The notice must name the day, place, and hour of the hearing and must set forth a brief summary of the principal terms of the lease agreed upon, including the location, name of the proposed lessor corporation and character of the bridge to be leased, the rental to be paid, and the number of years the contract is to be in effect. The proposed lease, drawings, plans, specifications, and estimates for the bridge shall be available for inspection by the public during the ten (10) day period and at the meeting. All interested persons shall have a right to be heard at the time fixed, concerning the necessity for the execution of the lease and whether the rental to the lessor corporation is a fair and reasonable rental for the proposed bridge. The hearing may be adjourned to a later date, and following the hearing the county executive may either authorize the execution of the lease as originally agreed upon or may make modifications as agreed upon with the lessor corporation. However, the lease rentals as set out in the published notice may not be increased. The cost of the publication of the notice shall be borne by lessor corporations.
    (b) If the execution of the lease as originally agreed upon, or as modified by agreement, is authorized by the county executive, it shall give notice of the execution of the contract by publication in accordance with IC 5-3-1. Ten (10) or more taxpayers in the lessee county affected by the proposed lease may file a petition in the office of the county auditor of the lessee county, within thirty (30) days after publication of notice of the execution of the lease, setting forth their objections and facts showing that the execution of the lease is unnecessary or unwise, or that the lease rental is not fair and reasonable. Upon the filing of any petition, the county auditor shall certify a copy, together with any other data as may be necessary in order to present the questions involved, to the department of local government finance and upon the receipt of the certified petition and information, the department of local government finance shall fix a time and place for the hearing in the county not less than five (5) or more than thirty (30) days after receipt of the petition. Notice of the hearing shall be given by the department of local government finance to the county commissioners (before January 1, 2013) or county executive (after December 31, 2012) of the lessee county, and to the first ten (10) taxpayer-petitioners appearing on the petition by a letter signed by one (1) member of the department of local government finance, and enclosed with full prepaid postage addressed to those persons at their usual place of residence, at least five (5) days before the date of the hearing. A:


        (1) taxpayer who signed the petition; or
        (2) political subdivision against which a petition is filed;
may petition for judicial review of the final determination of the department of local government finance under this subsection. The petition must be filed in the tax court not more than forty-five (45) days after the date of the department's final determination.
    (c) No action to contest the validity of the lease or to enjoin the performance of any of the terms and conditions of the lease shall be instituted at any time later than thirty (30) days after publication of notice of the execution of the lease by the county executive or if an appeal has been taken to the department of local government finance, then within thirty (30) days after the decision of the department.
SOURCE: IC 8-17-5-12; (09)IN0550.1.79. -->     SECTION 79. IC 8-17-5-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. This chapter shall not be construed as abolishing the office or employment of county highway supervisors; provided, that the respective boards of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) may provide for the county highway engineer to serve also as the county highway supervisor.
SOURCE: IC 8-18-20-5; (09)IN0550.1.80. -->     SECTION 80. IC 8-18-20-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) Whenever the county auditor receives a notice that:
        (1) is signed by the presiding officers of the county executive, the county fiscal body, and the municipal fiscal body of the county seat;
        (2) states that those bodies have agreed to hold a public hearing on and consider the creation of a county toll road authority; and
        (3) fixes a time and place for that hearing;
the auditor shall give notice by publication of the hearing. The notice shall be published in accordance with IC 5-3-1, and must state the time, place, and purpose of the hearing.
    (b) The members of the executive of the county and the fiscal bodies of the county and county seat shall meet at the time and place fixed in the notice. The presiding officers of each of the three (3) bodies shall elect one (1) of their number to preside as chairman at the hearing, another as vice chairman, and another as secretary. In the case of a county that after December 31, 2012, has a county council elected under IC 36-2-3.8 that is the county executive, county legislative body, and county fiscal body, the presiding officer has two (2) votes for purposes of this section and two (2) of the officers elected under this subsection must be members of the county council.
    (c) All interested citizens and taxpayers of the county may appear

and are entitled to be heard at the hearing.
    (d) The authority shall be established if, within sixty (60) days after the hearing, a concurrent resolution declaring a need for the authority is agreed upon and separately adopted by the county executive and county and municipal fiscal bodies.
    (e) A copy of the concurrent resolution that is certified by affidavits of the county auditor and municipal clerk showing the date of adoption of the resolution by the three (3) bodies must be filed in the office of the recorder of the county for recording in the miscellaneous records. The certified and recorded copy of the resolution is admissible in evidence in any action or proceeding as proof of the establishment of the authority.

SOURCE: IC 8-20-8-5; (09)IN0550.1.81. -->     SECTION 81. IC 8-20-8-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. The authority granted the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) under this chapter supplements and does not replace the authority the board or county executive may have under law to permanently vacate a road or street or to close a road or street for routine maintenance and repair.
SOURCE: IC 8-22-1-7; (09)IN0550.1.82. -->     SECTION 82. IC 8-22-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. "Executive" means:
        (1) board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) of a county not having a consolidated city;
        (2) mayor of the consolidated city, of a county having a consolidated city;
        (3) mayor, of a city;
        (4) president of the town council, of a town; or
        (5) chief executive officer, of any other political subdivision.
SOURCE: IC 8-22-3-0.5; (09)IN0550.1.83. -->     SECTION 83. IC 8-22-3-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 10-16-2-9; (09)IN0550.1.84. -->     SECTION 84. IC 10-16-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. (a) The adjutant general shall perform duties required by law, in rules adopted under this chapter, and in the statutes of the United States and required by the governor. If the adjutant general:
        (1) fails or refuses to properly and efficiently perform the duties of the office; or
        (2) is guilty of misconduct or conduct prejudicial to good order and military discipline;
written charges setting forth the acts involved shall be filed with the governor. The governor shall take action on the charges for the best interests of the service.
    (b) The adjutant general shall superintend the preparation of all returns and reports required by the United States from the state.
    (c) The adjutant general shall:
        (1) keep a register of all the officers of the armed forces of the state; and
        (2) keep in the adjutant general's office all records and papers required to be kept and filed.
    (d) If necessary, the adjutant general shall, at the expense of the state, cause:
        (1) the armed forces law;
        (2) the general regulations of the state; and
        (3) the uniform code of military justice of the United States;
to be printed, indexed, and bound in proper and compact form. One (1) copy of each publication shall be distributed to the commissioned officers, sheriffs, clerks of boards of county commissioners (before January 1, 2013) or county executive (after December 31, 2012), and county treasurers of Indiana. The adjutant general shall issue to each commissioned officer and headquarters one (1) copy of the necessary textbooks and of such annual reports concerning the militia as the governor directs.
    (e) The adjutant general shall cause to be prepared and issued all blank books, blank forms, and blank notices required to implement this chapter. The books and blanks are property of the state.
    (f) The adjutant general shall attend to the safekeeping and repairing of the ordnance, arms, accouterments, equipment, and all other military and naval property belonging to the state or issued to it by the United States. The governor shall order the adjutant general to dispose of all military and naval property of the state that after a proper inspection is found unsuitable for the use of the state. The adjutant general shall dispose of the property:
        (1) by public auction after advertisement of the sale weekly for three (3) weeks in at least one (1) newspaper published in the English language in the city or county where the sale is to take place;
        (2) by private sale when ordered by the governor; or
        (3) with the approval of the governor, by turning over the property to any other department, board, or commission of state

government that can use the property.
If the adjutant general believes that better prices may or should be obtained, the adjutant general shall bid in the property or suspend the sale. All parts of uniforms before being offered for sale shall be mutilated so they cannot be again used as uniforms. The adjutant general shall periodically account to the governor of the sales made. The adjutant general shall expend the proceeds of the sales for the use and benefit of the military or naval forces of the state as the governor directs.
    (g) The adjutant general shall keep an accurate account of all expenses necessarily incurred, including the following:
        (1) Pay of officers and enlisted persons.
        (2) Allowances to officers and organizations.
        (3) Pensions.
        (4) Any other money required to be disbursed by the adjutant general, including the following:
            (A) Subsistence of the national guard.
            (B) Transportation of the national guard.
            (C) Transportation of all military and naval property of the state or of the United States.
These expenses shall be audited and paid in the same manner as other military and naval accounts.
    (h) The adjutant general shall:
        (1) issue military and naval property; and
        (2) make purchases of military and naval property;
as the governor directs. Military or naval property may not be issued to persons or organizations other than those belonging to the state armed forces, except to those parts of the sedentary militia as the governor may call out.
    (i) The seal used in the office of the adjutant general on January 1, 1954, shall be:
        (1) the seal of that office; and
        (2) delivered by the adjutant general to the successor in office.
    (j) Except as provided in subsection (k), the adjutant general shall be the auditor of all military accounts payable by the state.
    (k) The auditor of state shall audit expenditures made by the adjutant general or through the adjutant general's office. Copies of all orders and contracts relating to expenditures described in this subsection shall be filed in the auditor's office.

SOURCE: IC 10-17-9-3; (09)IN0550.1.85. -->     SECTION 85. IC 10-17-9-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. The board of county commissioners (before January 1, 2013) or the county council (after

December 31, 2012) in each county may appropriate money out of the general fund of the county to erect cottages or any other needed building on the grounds of the home.

SOURCE: IC 10-17-10-1; (09)IN0550.1.86. -->     SECTION 86. IC 10-17-10-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. If:
        (1) a person:
            (A) has served as a member of the armed forces of the United States as a soldier, sailor, or marine in the army, air force, or navy of the United States or as a member of the women's components of the army, air force, or navy of the United States, is a resident of Indiana, and dies while a member of the armed forces and before discharge from the armed forces or after receiving an honorable discharge from the armed forces; or
            (B) is the spouse or surviving spouse of a person described in clause (A) and is a resident of Indiana; and
        (2) a claim is filed for a burial allowance:
            (A) by an interested person with the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) of the county of the residence of the deceased person; and
            (B) stating the fact:
                (i) of the service, death, and discharge if discharged from service before death; and
                (ii) that the body has been buried in a decent and respectable manner in a cemetery or burial ground;
the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall hear and determine the claim like other claims and, if the facts averred are found to be true, shall allow the claim in an amount set by ordinance. However, the amount of the allowance may not be more than one thousand dollars ($1,000).
SOURCE: IC 10-18-3-0.5; (09)IN0550.1.87. -->     SECTION 87. IC 10-18-3-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the legislative body of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 10-18-4-0.5; (09)IN0550.1.88. -->     SECTION 88. IC 10-18-4-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the legislative body of a county that does not have a consolidated city

has the powers, duties, and responsibilities under this chapter of the board of county commissioners.

SOURCE: IC 11-12-2-0.5; (09)IN0550.1.89. -->     SECTION 89. IC 11-12-2-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 11-12-4-0.5; (09)IN0550.1.90. -->     SECTION 90. IC 11-12-4-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 12-20-5.5-1; (09)IN0550.1.91. -->     SECTION 91. IC 12-20-5.5-1, AS AMENDED BY P.L.73-2005, SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The township trustee shall process all applications for township assistance according to uniform written standards and without consideration of the race, creed, nationality, or gender of the applicant or any member of the applicant's household.
    (b) The township's standards for the issuance of township assistance and the processing of applications must be:
        (1) governed by the requirements of this article;
        (2) proposed by the township trustee, adopted by the township board, and filed with the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012);
        (3) reviewed and updated annually to reflect changes in the cost of basic necessities in the township and changes in the law;
        (4) published in a single written document, including addenda attached to the document; and
        (5) posted in a place prominently visible to the public in all offices of the township trustee where township assistance applications are taken or processed.
SOURCE: IC 12-20-6-8; (09)IN0550.1.92. -->     SECTION 92. IC 12-20-6-8, AS AMENDED BY P.L.73-2005, SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) A township trustee shall promptly notify in writing each applicant for township assistance of action taken upon a completed application for township assistance. The trustee shall do the following:
        (1) Mail notice or provide personal notice not later than seventy-two (72) hours, excluding weekends and legal holidays

listed in IC 1-1-9, after the completed application is received, advising the applicant of the right to appeal an adverse decision of the trustee to the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012).
        (2) Include in the notice required under subdivision (1) the following:
            (A) The type and amount of assistance granted.
            (B) The type and amount of assistance denied or partially granted.
            (C) Specific reasons for denying all or part of the assistance requested.
            (D) Information advising the applicant of the procedures for appeal to the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012).
    (b) A copy of the notice described in subsection (a) shall be filed with the recipient's application and affidavit in the trustee's office.
    (c) An application for township assistance is not considered complete until all adult members of the requesting household have signed:
        (1) the township assistance application; and
        (2) any other form, instrument, or document:
            (A) required by law; or
            (B) determined necessary for investigative purposes by the trustee, as contained in the township's township assistance guidelines.

SOURCE: IC 12-20-15-0.5; (09)IN0550.1.93. -->     SECTION 93. IC 12-20-15-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 12-20-20-2; (09)IN0550.1.94. -->     SECTION 94. IC 12-20-20-2, AS AMENDED BY P.L.73-2005, SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) If money is not available for the payment of township assistance claims under section 1 of this chapter, the township board shall appeal to borrow money under IC 12-20-24.
    (b) This subsection does not apply to a county having a consolidated city. If the township board does not appeal to borrow money under IC 12-20-24 or if an appeal fails, the board of commissioners (before January 1, 2013) or the county executive (after December 31, 2012) may borrow money or otherwise provide the money. In a county with a chief executive officer, an action taken by the chief executive

officer under this subsection after December 31, 2012, is subject to the approval of the county fiscal body.
     (c) If the county commissioners (before January 1, 2013) or the county executive (after December 31, 2012) determine to borrow the money or otherwise provide the money under subsection (b) and (for an action taken under subsection (b) after December 31, 2012, in a county with a chief executive officer) this action is approved by the county fiscal body, the county fiscal body shall promptly pass necessary ordinances and make the necessary appropriations to enable this to be done, after determining whether to borrow money by any of the following:
        (1) A temporary loan against taxes levied and in the process of collection.
        (2) The sale of county township assistance bonds or other county obligations.
        (3) Any other lawful method of obtaining money for the payment of township assistance claims.
    (c) (d) This subsection applies only to a county having a consolidated city. If a township board does not appeal to borrow money under IC 12-20-24 or if an appeal fails, the board of commissioners shall borrow money or otherwise provide the money. The county fiscal body shall promptly pass necessary ordinances and make the necessary appropriations to enable this to be done, after determining whether to borrow money by any of the following methods:
        (1) A temporary loan against taxes levied and in the process of collection.
        (2) The sale of county township assistance bonds or other county obligations.
        (3) Any other lawful method of obtaining money for the payment of township assistance claims.

SOURCE: IC 12-20-26-1; (09)IN0550.1.95. -->     SECTION 95. IC 12-20-26-1, AS AMENDED BY P.L.73-2005, SECTION 148, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. In a county in which a tax has been levied and raised for the payment of notes and interest on the notes issued by the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) for the purpose of paying township assistance claims against a township, the county auditor shall transfer the balance of money that remains after paying all notes and interest to the county general fund to the credit of the township assistance fund of the township in which the money was raised.
SOURCE: IC 12-30-1-0.5; (09)IN0550.1.96. -->     SECTION 96. IC 12-30-1-0.5 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.

SOURCE: IC 12-30-1-1; (09)IN0550.1.97. -->     SECTION 97. IC 12-30-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The board of commissioners of a county (before January 1, 2013) or the county executive (after December 31, 2012) may do the following:
        (1) Purchase a tract of real property in the name of the county.
        (2) Build, establish, and organize a county home for the indigent on the tract of real property.
        (3) Employ a humane and responsible individual who resides in the county, upon the terms and under the restrictions the board of commissioners considers most advantageous to the interests of the county, to take charge of the county home as superintendent.
     (b) In a county with a chief executive officer, the chief executive officer may take an action under subsection (a) after December 31, 2012, only if that action is approved by the county council.
SOURCE: IC 12-30-1-4; (09)IN0550.1.98. -->     SECTION 98. IC 12-30-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. To raise the amount necessary for the purchase of real property and the erection and furnishing of the buildings for county homes under this chapter, the board of commissioners (before January 1, 2013) or the county council (after December 31, 2012) of a county may assess a tax on property liable to be assessed for raising a county revenue. The assessment may not increase the rates at which the property is assessed by the laws existing when the tax is assessed by more than twenty-five percent (25%).
SOURCE: IC 12-30-2-0.5; (09)IN0550.1.99. -->     SECTION 99. IC 12-30-2-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 12-30-2-3; (09)IN0550.1.100. -->     SECTION 100. IC 12-30-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. Before January 1, 2013, a relative of a member of the board of commissioners may not be appointed superintendent or employed in any capacity. After December 31, 2012, the following may not be appointed superintendent or employed in any capacity:
         (1) A relative of the chief executive officer (in a county with a

chief executive officer).
        (2) A relative of a member of the county council.

A relative of the superintendent, except the spouse as assistant, may not be employed in any capacity with the home except by the consent of the board of commissioners (before January 1, 2013) or the county executive (after December 31, 2012).

SOURCE: IC 12-30-3-0.5; (09)IN0550.1.101. -->     SECTION 101. IC 12-30-3-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 12-30-4-0.5; (09)IN0550.1.102. -->     SECTION 102. IC 12-30-4-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 12-30-5-2; (09)IN0550.1.103. -->     SECTION 103. IC 12-30-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. The reimbursement obtained under section 1 of this chapter shall be collected quarterly by the superintendent of the county home in which the individual resides or resided, at a rate of not more than seven dollars ($7) per week. The money received shall be paid quarterly into the county general fund. The superintendent or executive officer may, under the direction of the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) of the county, bring suit against the estate of an individual described in section 1 of this chapter failing to make payment as required in this chapter. If a judgment is obtained in a suit brought under this section, the judgment constitutes a lien against the part of the estate that is described in the complaint.
SOURCE: IC 12-30-7-0.5; (09)IN0550.1.104. -->     SECTION 104. IC 12-30-7-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 13-11-2-74; (09)IN0550.1.105. -->     SECTION 105. IC 13-11-2-74 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 74. "Executive" means the:
        (1) board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) of a county not having a

consolidated city;
        (2) mayor of the consolidated city, for a county having a consolidated city;
        (3) mayor of a city; or
        (4) president of the town council of a town.

SOURCE: IC 14-21-3-1; (09)IN0550.1.106. -->     SECTION 106. IC 14-21-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Before a person may record any interest in property on which a burial ground or cemetery is known to be located, the owner of the property must record the deed to the property in the recorder's office of the county where the property is located. The bottom portion of the deed must state in capital letters in bold type that the deed pertains to property on which a burial ground or cemetery is known to be located.
    (b) The county auditor shall send a copy of the deed to:
        (1) the department; and
        (2) the local cemetery board, or if no local cemetery board exists, to the county commissioners (before January 1, 2013) or county executive (after December 31, 2012);
not later than thirty (30) days after the deed is recorded under subsection (a).
SOURCE: IC 14-21-4-4; (09)IN0550.1.107. -->     SECTION 107. IC 14-21-4-4, AS ADDED BY P.L.85-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) The commission consists of the following individuals:
        (1) One (1) licensed architect with experience in building preservation.
        (2) One (1) registered professional engineer with experience in building preservation.
        (3) One (1) architectural historian.
        (4) One (1) county commissioner (before January 1, 2013) or (after December 31, 2012) one (1) county chief executive officer or (1) member of a county council from a county that after December 31, 2012, has a county council elected under IC 36-2-3.8 that is the county executive, county legislative body, and county fiscal body.
        (5) One (1) representative of a local community foundation.
        (6) One (1) representative of the Association of Indiana Counties.
        (7) One (1) representative of the Indiana Association of County Commissioners or a successor organization.
        (8) One (1) judge of a county, superior, or circuit court.
        (9) The chief justice of the Indiana supreme court or the chief justice's designee.
        (10) The director of the division or the director's designee.
        (11) The president of the Historic Landmarks Foundation of Indiana or the president's designee.
        (12) The director of the office of community and rural affairs or the director's designee.
    (b) Members appointed under subsection (a)(1) through (a)(7) shall be appointed by the governor.
    (c) The member appointed under subsection (a)(8) shall be appointed by the chief justice of the supreme court.
SOURCE: IC 14-23-7-2; (09)IN0550.1.108. -->     SECTION 108. IC 14-23-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. If the governor receives information from:
        (1) the director;
        (2) the county commissioners (before January 1, 2013) or executive (after December 31, 2012) of a county; or
        (3) the executive of a city or town;
that because of drought conditions existing in an area the lives of the people, forests, fields, woodland, livestock, structures, or other property are endangered by a fire hazard, the governor may, in the interest of public health, safety, and welfare, after investigation, declare an area within Indiana as an emergency fire hazard area.
SOURCE: IC 14-26-8-0.5; (09)IN0550.1.109. -->     SECTION 109. IC 14-26-8-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 14-27-1-0.5; (09)IN0550.1.110. -->     SECTION 110. IC 14-27-1-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 14-27-6-0.5; (09)IN0550.1.111. -->     SECTION 111. IC 14-27-6-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 14-27-8-0.5; (09)IN0550.1.112. -->     SECTION 112. IC 14-27-8-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the

county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.

SOURCE: IC 14-28-4-4; (09)IN0550.1.113. -->     SECTION 113. IC 14-28-4-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. The commission, to be known as the "___________ Flood Plain Commission", consists of three (3) members as follows:
        (1) One (1) member of the legislative body of the county or municipality to be appointed by the legislative body.
        (2) Two (2) citizens who reside within the jurisdiction of the legislative body and who do not hold an elective public office to be appointed as follows:
            (A) By the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) for a county.
            (B) By the city executive, for a city.
            (C) By the town executive, for a town.
SOURCE: IC 14-29-1-0.5; (09)IN0550.1.114. -->     SECTION 114. IC 14-29-1-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 14-29-7-1; (09)IN0550.1.115. -->     SECTION 115. IC 14-29-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. This chapter applies only to land in a county whose board of county commissioners (for elections made before January 1, 2013) or county council (for elections made after December 31, 2012) has elected to participate in a river commission.
SOURCE: IC 14-29-7-4; (09)IN0550.1.116. -->     SECTION 116. IC 14-29-7-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. The board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) of each county containing a river for which a river commission has been established may elect that the county participate in the river commission.
SOURCE: IC 14-29-7-5; (09)IN0550.1.117. -->     SECTION 117. IC 14-29-7-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. The membership of a river commission consists of the following:
        (1) The director or the director's designee.
        (2) For appointments made before January 1, 2013, two (2) individuals appointed for terms of four (4) years by the board of commissioners of each participating county from among owners of land that is:
            (A) within the county; and
            (B) contiguous to the river.
         (3) For appointments made after December 31, 2012:
            (A) one (1) individual appointed by the county executive of each participating county; and
            (B) one (1) individual appointed by the county legislative body of each participating county;
        appointed for terms of four (4) years from among owners of land that is within the county and contiguous to the river.

SOURCE: IC 14-30-4-8; (09)IN0550.1.118. -->     SECTION 118. IC 14-30-4-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. The following serve as voting members of the commission:
        (1) The three (3) county commissioners from each participating county (before January 1, 2013) and (after December 31, 2012):
            (A) from each participating county that has a chief executive officer, the county chief executive officer and two (2) individuals appointed by the county executive; and
            (B) from each county that has a county council elected under IC 36-2-3.8 that is the county executive, county legislative body, and county fiscal body, three (3) members of the county council, as selected by that county council.

        (2) The chairman of a soil and water conservation district for each participating county that:
            (A) is subject to IC 14-32;
            (B) includes territory in a participating county; and
            (C) includes territory in the basin.
        (3) The county surveyor of each participating county.
SOURCE: IC 14-33-5-1; (09)IN0550.1.119. -->     SECTION 119. IC 14-33-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Within twenty (20) days after an order establishing a district, the board of commissioners (for initial appointments before January 1, 2013) or county council (for initial appointments after December 31, 2012) of the county shall appoint the initial board of directors. A director shall be appointed for each of the areas in the district established by the court.
    (b) A director must have the following qualifications:
        (1) Be:
            (A) a freeholder of the area of the district for which appointed; or
            (B) an officer or a nominee of a corporate freeholder of the area of the district for which appointed.
        (2) Be qualified by knowledge and experience in matters pertaining to the development of the district.
    (c) A majority of the directors must be:
        (1) resident freeholders of the district if available and qualified; and
        (2) petitioners for the establishment of the district. For this purpose an officer or a nominee of a corporate freeholder of the district, if the corporation is a petitioner, is considered a petitioner.
SOURCE: IC 14-33-5-8; (09)IN0550.1.120. -->     SECTION 120. IC 14-33-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. If a district fails to conduct an election of directors as provided by this chapter, any interested person of the district may petition the board of commissioners (before January 1, 2013) or the county council (after December 31, 2012) of the county to appoint a director to fill vacancies. The board of commissioners (before January 1, 2013) or the county council (after December 31, 2012) of the county shall make an appointment within fifteen (15) days from the date the petition is filed.
SOURCE: IC 14-33-5-9; (09)IN0550.1.121. -->     SECTION 121. IC 14-33-5-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. For the purposes of this chapter, if the district is composed of land from more than one (1) county, the board of commissioners (before January 1, 2013) or the county council (after December 31, 2012) of each county may participate in the following:
        (1) The appointment of the initial board.
        (2) The filling of vacancies on the board.
SOURCE: IC 14-33-5-11; (09)IN0550.1.122. -->     SECTION 122. IC 14-33-5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. (a) The board of commissioners of the county (for initial appointments before January 1, 2013) or the county council (for initial appointments after December 31, 2012) shall appoint the initial directors for the following terms:
        (1) If there are three (3) or five (5) directors, the terms are as follows:
            (A) One (1) term expires at the next annual meeting.
            (B) One (1) term expires at the second annual meeting.
            (C) One (1) term expires at the third annual meeting.
            (D) Any other terms expire at the fourth annual meeting.
        (2) If there are seven (7) or nine (9) directors, the terms are as follows:
            (A) Two (2) terms expire at the next annual meeting.
            (B) Two (2) terms expire at the second annual meeting.
            (C) Two (2) terms expire at the third annual meeting.
            (D) All other terms expire at the fourth annual meeting.
    (b) As the terms expire, each new director shall be elected for a term of four (4) years.
SOURCE: IC 14-33-5.4-3; (09)IN0550.1.123. -->     SECTION 123. IC 14-33-5.4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) Within twenty (20) days after the order establishing the district, the board of commissioners of the county (for initial appointments before January 1, 2013) or the county council (for initial appointments after December 31, 2012) shall appoint the initial board of directors. A director shall be appointed for each of the areas in the district as established by the court. A director must be a freeholder of the area of the district for which appointed or an officer or nominee of a corporate freeholder of the area of the district for which appointed and must be qualified by knowledge and experience in matters pertaining to the development of the district. A majority of the directors must be resident freeholders of the district if available and qualified. A majority of the initial directors must be petitioners for the establishment of the district, but for this purpose an officer or nominee of a corporate freeholder of the district, if the corporation is one (1) of the petitioners, is considered a petitioner.
    (b) When vacancies on the board occur due to expiration of terms, resignation, or otherwise, directors shall be elected by a majority, written ballot vote of the freeholders of the district. Between April 24 and May 1, the board shall invite nominations to fill vacancies on the board by one (1) publication in a newspaper of general circulation in each of the counties in the district. Each publication must:
        (1) contain the names of the directors whose terms are expiring and the area of the district involved;
        (2) invite nominations to fill vacancies; and
        (3) state the qualifications for the office, that are the same as prescribed by subsection (a), except a nominee need not have been a petitioner for the establishment of the district nor a resident of the area of the district for which nominations are invited.
    (c) Nominations for director must be submitted to the office of the district in writing before June 1 following notice of vacancies and must be signed by at least five (5) freeholders from the areas designated by the secretary's notice. Nominations that are mailed are valid if delivered or postmarked before June 1 if the envelope has sufficient U.S. postage and is addressed to the district's office.
    (d) The election of directors of a district shall be held the Saturday or Sunday immediately before or after July 4. The board of directors of a district shall establish the date for the election of directors.
    (e) Notice of the annual election of directors of the district must be published in one (1) issue of a newspaper of general circulation in each county in the district. The notice must be published:
        (1) not less than fourteen (14); and
        (2) not more than thirty-one (31);
days before the election. The notice must contain the names of the nominees, the place where ballots can be cast in the election, and the date and time of the election.
    (f) Before the election, the board shall prepare the ballots and a list of the freeholders of the district, that must be certified by the county auditor and placed in the district's files. No deficiency in this process or omission of the names of any freeholders voids action taken at an annual meeting.
    (g) A freeholder is entitled to only one (1) vote per freeholder.
    (h) Before the election of directors, the chairman shall appoint three (3) or, if necessary, more freeholders of the district to act as clerks of the election and to conduct the election.
    (i) If a district fails to conduct an election of directors as provided by this chapter, any interested person of the district may petition the board of commissioners (before January 1, 2013) or the county council (after December 31, 2012) of the county to appoint a director to fill vacancies. The board of commissioners (before January 1, 2013) or the county council (after December 31, 2012) of the county shall make its appointment within fifteen (15) days from the date the petition is filed.
SOURCE: IC 15-12-5-6; (09)IN0550.1.124. -->     SECTION 124. IC 15-12-5-6, AS ADDED BY P.L.2-2008, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. The council may do the following:
        (1) Provide technical assistance and information about land use strategies.
        (2) Facilitate collaboration among commonly affected state, county, and local government units.
        (3) Compile and maintain a land planning information library, both hard copy and electronic, that includes current data on land resources in Indiana.
        (4) Establish or coordinate educational programs for governmental units, nongovernmental entities, and the public with special consideration for local planning commission members, and county commissioners (before January 1, 2013), and county

executives (after December 31, 2012).
        (5) Provide counties and local communities conducting land use planning with access to technical and legal assistance through a referral service.
        (6) Provide information to local authorities on model ordinances for programs and techniques on land use.
        (7) Obtain grants and assist counties and local communities in locating additional funding sources for planning projects.
        (8) Make recommendations to the general assembly and other governmental bodies concerning land resources.
        (9) When requested, advise the general assembly on proposals relating to land resources.

SOURCE: IC 15-14-1-12; (09)IN0550.1.125. -->     SECTION 125. IC 15-14-1-12, AS ADDED BY P.L.86-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. (a) As used in this section, "county executive" means:
         (1) before January 1, 2013, the board of commissioners of a county elected under IC 36-2-2-2; or
        (2) after December 31, 2012, the county executive (as defined in IC 36-1-2-5).

    (b) The county executive may make an allowance out of the general fund of the county to a corporation incorporated under this chapter.
    (c) Before an allowance under subsection (b) is made, the president or secretary of the association shall file a sworn statement with the county executive showing the:
        (1) name and date of organization of the association; and
        (2) amount expended for fairgrounds and permanent improvements needed for the fairgrounds and the amount necessary to complete the improvements.
    (d) After receiving a sworn statement under subsection (c), the county executive may make an allowance that the county executive considers necessary, but that does not exceed either of the following:
        (1) Ten thousand dollars ($10,000).
        (2) One-half (1/2) the amount shown by the statement to be expended on the grounds and improvements.
    (e) The amount appropriated under this section is a lien on the real and personal property of the association.
    (f) Dividends may not be declared or paid to the incorporators or stockholders until the appropriation made by the board is repaid to the county treasurer with interest.
SOURCE: IC 15-14-7-1; (09)IN0550.1.126. -->     SECTION 126. IC 15-14-7-1, AS ADDED BY P.L.2-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2009]: Sec. 1. As used in this chapter, "executive" means the board of commissioners of a county under IC 36-2-2-2 before January 1, 2013, or the county executive (as defined in IC 36-1-2-5) after December 31, 2012.

SOURCE: IC 15-14-7-2; (09)IN0550.1.127. -->     SECTION 127. IC 15-14-7-2, AS ADDED BY P.L.2-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. Subject to section 3 of this chapter, the executive (before January 1, 2013) or the county council (after December 31, 2012) of a county may make an appropriation from the county general fund to a 4-H club that promotes the agricultural and horticultural interests of the county.
SOURCE: IC 15-14-7-3; (09)IN0550.1.128. -->     SECTION 128. IC 15-14-7-3, AS ADDED BY P.L.86-2008, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The president or secretary of a 4-H club described in section 2 of this chapter may file a petition signed by at least thirty (30) resident freeholders of the county with the county auditor of the county requesting that the executive (before January 1, 2013) or the county council (after December 31, 2012) make an appropriation provided for in section 2 of this chapter.
    (b) The county auditor shall have the petition, without the signatures, printed in a newspaper of general circulation that is published in the county.
    (c) The notice must state the date and time when the petition will be considered by the executive (before January 1, 2013) or the county council (after December 31, 2012). The auditor shall set the date, time, and place at which the petition will be considered, which must be at least thirty (30) days after the publication of the notice.
    (d) If not later than the date and time published in the notice for the consideration of the petition by the executive (before January 1, 2013) or the county council (after December 31, 2012), a remonstrance signed by more resident freeholders of the county than the number signing the petition is filed with the county auditor protesting the allowance, the executive (before January 1, 2013) or the county council (after December 31, 2012) shall consider the remonstrance. If the executive (before January 1, 2013) or the county council (after December 31, 2012) finds that the remonstrance is signed by a greater number of resident freeholders than the petition asking for an allowance, the executive (before January 1, 2013) or the county council (after December 31, 2012):
        (1) may not make an appropriation for the purposes set forth in section 2 of this chapter; and
        (2) shall dismiss the petition and take no further action.
    (e) After final acceptance by the executive (before January 1, 2013) or the county council (after December 31, 2012), a petition under this section is effective for one (1) to five (5) years, as determined by the executive (before January 1, 2013) or the county council (after December 31, 2012).
SOURCE: IC 15-14-7-6; (09)IN0550.1.129. -->     SECTION 129. IC 15-14-7-6, AS ADDED BY P.L.2-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) An amount appropriated under section 2 of this chapter is a lien on the real and personal property of the 4-H club.
    (b) A dividend may not be declared or paid to the incorporators or stockholders of the 4-H club until the appropriation made by the board (before January 1, 2013) or the county council (after December 31, 2012) is repaid with interest to the county treasury.
SOURCE: IC 15-14-9-1; (09)IN0550.1.130. -->     SECTION 130. IC 15-14-9-1, AS ADDED BY P.L.2-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The county council and board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) of a county may appropriate and pay to:
        (1) an agricultural fair, exhibition, or association; or
        (2) an organized county 4-H club in which the residents of the county are interested;
a sum not exceeding four cents ($0.04) on each one hundred dollars ($100) valuation of the taxable property of the county, to be paid out of the county general fund.
    (b) An appropriation under subsection (a) may be used only for necessary costs and expenses:
        (1) incidental to the conduct and carrying out the purposes of organized:
            (A) 4-H clubs; and
            (B) boys' and girls' club work;
        (2) for cash awards on:
            (A) agricultural and horticultural products;
            (B) livestock; and
            (C) boys' and girls' club work; and
        (3) for judging products, livestock, and club work described in this subsection.
    (c) An appropriation under subsection (a) applies to regularly organized:
        (1) fair associations; and
        (2) boys' and girls' clubs, 4-H clubs, or agricultural clubs;
if the fair or exhibition is given only for the promotion of the interests of agriculture, horticulture, and stock raising. The appropriation does

not apply to a person, an association, or a corporation conducting the fair or exhibition for profit or to street fairs or exhibitions.
    (d) An appropriation under subsection (a) may not be used or given for contests of speed.

SOURCE: IC 15-14-10-1; (09)IN0550.1.131. -->     SECTION 131. IC 15-14-10-1, AS ADDED BY P.L.2-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) This section applies to a county corn growers' association or horticulture society with at least:
        (1) fifty (50) members in the local association or society; and
        (2) ten (10) members in the state association or society.
    (b) In a county where an agricultural fair or association:
        (1) does not exist; or
        (2) is not active;
the county council and the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) may annually appropriate and pay to any county corn growers' association or horticultural society up to two hundred dollars ($200) to be used in the payment of cash awards.
SOURCE: IC 15-16-7-4; (09)IN0550.1.132. -->     SECTION 132. IC 15-16-7-4, AS ADDED BY P.L.2-2008, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) The weed control board consists of the following members to be appointed by the authorizing body:
        (1) One (1) township trustee of the county.
        (2) One (1) soil and water conservation district supervisor.
        (3) One (1) representative from the agricultural community of the county.
        (4) One (1) representative from the county highway department or an appointee of the county commissioners (before January 1, 2013) or county executive (after December 31, 2012).
        (5) One (1) cooperative extension service agent from the county to serve in a nonvoting advisory capacity.
    (b) 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.
    (c) The board shall elect a chairperson and a secretary. The members of the board are not entitled to receive any compensation, but are entitled to any traveling and other expenses that are necessary in the discharge of the members' duties.
SOURCE: IC 15-17-0.5; (09)IN0550.1.133. -->     SECTION 133. IC 15-17-0.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 0.5. County Executives in Certain Counties
    Sec. 1. After December 31, 2012
, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this article of the board of county commissioners.
SOURCE: IC 16-23.5-2-0.5; (09)IN0550.1.134. -->     SECTION 134. IC 16-23.5-2-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 20-23-1-0.5; (09)IN0550.1.135. -->     SECTION 135. IC 20-23-1-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 20-23-2-0.5; (09)IN0550.1.136. -->     SECTION 136. IC 20-23-2-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 20-23-4-28; (09)IN0550.1.137. -->     SECTION 137. IC 20-23-4-28, AS ADDED BY P.L.1-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 28. (a) Subsections (b) through (g) do not apply to a community school corporation created before March 12, 1965. A community school corporation created before March 12, 1965, shall operate in accordance with the plan under which it was created and the statutes applicable to that plan, as if Acts 1965, c.336, s.4 had not been enacted.
    (b) If the members of the governing body are to be appointed, they shall be appointed in accordance with one (1) of the options described in subsection (c). The option must be set out in the plan with sufficient description to permit the plan to be operable with respect to each community school corporation. The description may be partly or wholly by reference to the applicable option provided in this section.
    (c) The options described in subsection (b) are the following:
        (1) Members of the governing body may reside anywhere in the community school corporation.
        (2) The community school corporation shall be divided into two (2) or more governing body member districts, any one (1) of which may embrace the entire community school corporation.

Each member:
            (A) serves from a particular district; and
            (B) must be a resident of the district.
        The plan must set out the number to be appointed from each district and may provide for an equal number of members from each district.
    (d) The plan, under either option in subsection (c), may provide that the first appointments of the governing body members are for staggered terms of not more than four (4) years. Thereafter, appointments shall be made for terms of four (4) years. All terms of office for appointive governing body members expire June 30 in the applicable year.
    (e) A plan providing for the appointment of members of the governing body must designate the appointing authority. The authority may be the same for each governing body member and must be one (1) or more of the following:
        (1) The judge of the circuit or superior court.
        (2) The city executive.
        (3) The legislative body of a city.
        (4) The board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) of a county.
        (5) The county fiscal body.
        (6) The town legislative body.
        (7) The township executive.
        (8) The township legislative body.
        (9) A township executive and legislative body jointly.
        (10) More than one (1) township executive and legislative body jointly.
    (f) If an appointment is to be made by:
        (1) a body, the appointment must be made by a majority vote of the body in official session;
        (2) township executives, the appointment must be made by a majority vote of the executives taken in joint session; and
        (3) township legislative bodies, the appointment must be made by a majority vote of the total number of township legislative body members by a majority vote of the members, taken in joint session.
    (g) If a member of the governing body, whether of the interim governing body or regular governing body, is to be appointed, and the beginning of the appointive member's term of office coincides with the date an individual assumes the office of the official who is to make the appointment, the appointment shall be made by the latter individual. If the appointing official or body fails to appoint a member of the first

governing body within five (5) days after a community school corporation comes into being, or, for members appointed after the first board is appointed, within five (5) days after a member is to take office, the member of the governing body shall be appointed:
        (1) by the judge of the circuit court; or
        (2) in the case of a united school corporation, by the judge of the circuit court of the county having the most students enrolled in the united school corporation.

SOURCE: IC 20-23-7-4; (09)IN0550.1.138. -->     SECTION 138. IC 20-23-7-4, AS ADDED BY P.L.1-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) At the first meeting of the board of commissioners (before January 1, 2013) or the county council (after December 31, 2012) of the county after the creation of the metropolitan school district as provided in this chapter, the board of commissioners (before January 1, 2013) or the county council (after December 31, 2012) shall divide the district into three (3) governing body districts approximately equal in population. Not more than one (1) year after the effective date of each United States decennial census, the board of commissioners (before January 1, 2013) or the county council (after December 31, 2012) shall readjust the boundaries of the districts to equalize the districts by population.
    (b) Instead of the division provided under subsection (a), any resolution or petition provided in section 2(a) or 2(b) of this chapter may:
        (1) provide that the metropolitan school district to be created shall be divided into two (2) or more governing body districts;
        (2) describe the governing body member districts;
        (3) provide that one (1) or more members of the governing body must reside within each of the governing body member districts;
        (4) set out the number of members to serve from each designated district;
        (5) provide that the governing body member districts need not be equal in size or population, and that one (1) board member district may include all the area in the metropolitan school district;
        (6) specify that the number of governing body members to be resident in each district need not be an equal number; and
        (7) eliminate all requirements that there be governing body member districts.
    (c) If the resolution or petition:
        (1) does not provide for governing body member districts and designate the number of governing body members to be resident in each district; or
        (2) provides for the elimination of governing body member districts;
subsection (a) controls. If either subsection (a) or (b) applies, candidates shall be voted upon by all the registered voters of the metropolitan school district voting at any governing body member election.
SOURCE: IC 20-26-7-0.5; (09)IN0550.1.139. -->     SECTION 139. IC 20-26-7-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 20-33-2-32; (09)IN0550.1.140. -->     SECTION 140. IC 20-33-2-32, AS AMENDED BY P.L.1-2007, SECTION 146, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 32. (a) In a county that has not been completely reorganized under IC 20-23-4, the governing body of each school corporation that constitutes a separate attendance district under section 30 of this chapter shall appoint an attendance officer. One (1) additional attendance officer may be appointed for every seven thousand five hundred (7,500) students in ADA in the corporation.
    (b) Whenever the governing body of a school corporation makes an appointment under this section, it shall appoint an individual nominated by the superintendent. However, the governing body may decline to appoint any nominee and require another nomination. The salary of each attendance officer appointed under this section shall be fixed by the governing body. In addition to salary, the officer is entitled to receive reimbursement for actual expenses necessary to properly perform the officer's duties. The salary and expenses of an attendance officer appointed under this section shall be paid by the treasurer of the county in which the officer serves, on a warrant signed by the county auditor. The county council shall appropriate, and the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall allow, the funds necessary to make these payments. However, a warrant shall not be issued to an attendance officer until the attendance officer has filed an itemized statement with the county auditor. This statement shall show the time employed and expenses incurred. The superintendent shall approve the statement and certify that it is correct.
SOURCE: IC 20-39-3-1; (09)IN0550.1.141. -->     SECTION 141. IC 20-39-3-1, AS ADDED BY P.L.2-2006, SECTION 162, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. The books, papers, and accounts of any township trustee concerning schools are at all times subject to

the inspection of the school examiner, the county auditor, and the board of county commissioners (before January 1, 2013), and the county council (after December 31, 2012) of the proper county.

SOURCE: IC 20-39-3-2; (09)IN0550.1.142. -->     SECTION 142. IC 20-39-3-2, AS ADDED BY P.L.2-2006, SECTION 162, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. For purposes of an inspection, the school examiner, the county auditor, and the board of county commissioners (before January 1, 2013), and the county council (after December 31, 2012) may by subpoena:
        (1) summon before them any trustee; and
        (2) require the production of books, papers, and accounts;
after three (3) days notice of the time to appear and produce any books, papers, and accounts is given.
SOURCE: IC 20-39-3-3; (09)IN0550.1.143. -->     SECTION 143. IC 20-39-3-3, AS ADDED BY P.L.2-2006, SECTION 162, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. If any books and accounts have been imperfectly kept, the board of commissioners (before January 1, 2013) or county council (after December 31, 2012) may correct them. If fraud appears, the board of commissioners (before January 1, 2013) or county council (after December 31, 2012) shall remove the person guilty of the fraud.
SOURCE: IC 20-39-4-0.5; (09)IN0550.1.144. -->     SECTION 144. IC 20-39-4-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 20-39-4-3; (09)IN0550.1.145. -->     SECTION 145. IC 20-39-4-3, AS ADDED BY P.L.2-2006, SECTION 162, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. Before May 1 of each calendar year, each county auditor and county treasurer shall prepare a written report and present the report to the board of county commissioners at the May meeting of the board (before January 1, 2013) or (after December 31, 2012) to the chief executive officer (in a county with a chief executive officer) and the county council in May of each year. The report must concern the school funds held in trust by the county. The following information must be included concerning the county common school fund and the congressional township school fund for the previous calendar year:
        (1) The amount in each fund.
        (2) Any additions to the funds, including the sources of the additional funds.
        (3) The financial condition of the funds, including information concerning the amount safely invested, unsafely invested, and uninvested in the funds, and any loss to the funds.
        (4) The amount of interest collected on the funds.
        (5) Any amount due and unpaid to the funds.
SOURCE: IC 20-42-1-0.5; (09)IN0550.1.146. -->     SECTION 146. IC 20-42-1-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 20-42-2-0.5; (09)IN0550.1.147. -->     SECTION 147. IC 20-42-2-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 20-45-8-12; (09)IN0550.1.148. -->     SECTION 148. IC 20-45-8-12, AS ADDED BY P.L.2-2006, SECTION 168, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. As used in this chapter, "tax" means the county supplemental school financing property tax to be levied by the board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) of a qualifying county under this chapter.
SOURCE: IC 20-45-8-16; (09)IN0550.1.149. -->     SECTION 149. IC 20-45-8-16, AS ADDED BY P.L.2-2006, SECTION 168, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) The board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) shall levy a county supplemental school financing tax at a rate that is sufficient to annually provide adequate funds to carry out the purposes of this chapter. The various officials and employees of the qualified county and the qualified school corporations charged with the duty of levying, collecting, and receiving other property tax funds for county or school purposes, or both, shall take the appropriate and respective steps as otherwise required by law for the levying, collecting, and receiving of property taxes in order to levy, collect, and receive the tax.
    (b) The receipts from the tax shall be credited into the fund and paid from the fund by the county auditor to the qualified school corporations.
SOURCE: IC 20-45-8-17; (09)IN0550.1.150. -->     SECTION 150. IC 20-45-8-17, AS ADDED BY P.L.2-2006, SECTION 168, IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2009]: Sec. 17. If the area of a qualified school corporation extends into an adjoining county, the tax rate fixed by the board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) shall control for the levying and assessment of the tax in the area extending into the adjoining county. The board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) and other county officials of the adjoining county shall take all appropriate and necessary action as otherwise required by law for:
        (1) the levying, collecting, and receiving of the county supplemental school financing taxes; and
        (2) the payment of the taxes into the fund;
for distribution under this chapter.

SOURCE: IC 20-45-8-22; (09)IN0550.1.151. -->     SECTION 151. IC 20-45-8-22, AS ADDED BY P.L.2-2006, SECTION 168, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 22. (a) The amount to be raised by the tax shall be determined in any calendar year by the county auditor and certified to by the board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) before the time for making the county budgets in the year.
    (b) The amount is the total of the entitlements of all qualified school corporations.
    (c) The entitlement of each qualified school corporation calculated in a calendar year is an amount equal to the result determined under STEP TWO of the following formula:
        STEP ONE: Calculate the quotient of:
            (A) the total amount deposited in the fund in calendar year 1979 or the first year in which a deposit was made, whichever is later; divided by
            (B) the total ADM of the immediately preceding school year of qualified school corporations that received money from the fund in 1979.
        STEP TWO: Calculate the product of:
            (A) the STEP ONE result; multiplied by
            (B) the ADM of the immediately preceding school year of the qualified school corporation that received money from the fund in 1979.
SOURCE: IC 20-45-8-24; (09)IN0550.1.152. -->     SECTION 152. IC 20-45-8-24, AS ADDED BY P.L.2-2006, SECTION 168, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 24. (a) The board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) shall levy a tax rate on all the real and taxable

personal property in the county that is sufficient to raise the total of the entitlements in the same manner as other county property tax rates are levied.
    (b) If the board of county commissioners (before January 1, 2013) or the county council (after December 31, 2012) fails in any calendar year to levy the tax rate required by this chapter, the department of local government finance shall certify the amount of the tax levy to the county auditor. The certified rate shall be the tax for the calendar year. The tax shall be collected and received by the county treasurer in the same manner as other county property taxes are collected.

SOURCE: IC 20-49-3-11; (09)IN0550.1.153. -->     SECTION 153. IC 20-49-3-11, AS ADDED BY P.L.2-2006, SECTION 172, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. (a) This section applies to a county that:
        (1) has not elected to surrender custody of any part of the fund to the state; and
        (2) has an insufficient amount of unloaned money in the fund when added to the amount of unloaned money in the congressional township school fund, as shown by a report of the county auditor and county treasurer, to make all loans for which the county auditor has applications.
    (b) Upon petition of the board of commissioners of the county (before January 1, 2013) or county executive (after December 31, 2012), the state board of finance may allocate to the county making the application the amount that the state board of finance determines is necessary.
SOURCE: IC 21-15-6-5; (09)IN0550.1.154. -->     SECTION 154. IC 21-15-6-5, AS ADDED BY P.L.2-2007, SECTION 256, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. The secretary of the board of trustees of Indiana University shall notify the county auditor of a county whenever there are fewer students attending the university than the county is entitled to send free of tuition. Upon receiving the notice, the county auditor shall inform the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) of the county at the board of commissioners' or county executive's next meeting.
SOURCE: IC 22-9-1-12.1; (09)IN0550.1.155. -->     SECTION 155. IC 22-9-1-12.1, AS AMENDED BY P.L.2-2007, SECTION 307, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12.1. (a) As used in this section, the term "state agency" means:
        (1) every office, officer, board, commission, department, division, bureau, committee, fund, agency; and
        (2) without limitation by reason of any enumeration in this section:
            (A) every other instrumentality of the state, every hospital, every penal institution, and every other institutional enterprise and activity of the state, wherever located;
            (B) the state educational institutions; and
            (C) the judicial department of the state.
"State agency" does not mean counties, county offices of family and children, cities, towns, townships, school corporations (as defined in IC 20-18-2-16), or other municipal corporations, political subdivisions, or units of local government.
    (b) Any city, town, or county is hereby authorized to adopt an ordinance or ordinances, which may include establishment or designation of an appropriate local commission, office, or agency to effectuate within its territorial jurisdiction the public policy of the state as declared in section 2 of this chapter without conflict with any of the provisions of this chapter. Any city or town may adopt such an ordinance or ordinances jointly with any other city or town located in the same county or jointly with that county. A city ordinance that establishes a local commission may provide that the members of the commission are to be appointed solely by the city executive or solely by the city legislative body or may provide for a combination of appointments by the city executive and the city legislative body. The board of commissioners (before January 1, 2013) or the county council (after December 31, 2012) of each county is also authorized to adopt ordinances in accordance with this section. An agency established or designated under this section has no jurisdiction over the state or any of its agencies.
    (c) An ordinance adopted under this section may grant to the local agency the power to:
        (1) investigate, conciliate, and hear complaints;
        (2) subpoena and compel the attendance of witnesses or production of pertinent documents and records;
        (3) administer oaths;
        (4) examine witnesses;
        (5) appoint hearing examiners or panels;
        (6) make findings and recommendations;
        (7) issue cease and desist orders or orders requiring remedial action;
        (8) order payment of actual damages, except that damages to be paid as a result of discriminatory practices relating to employment shall be limited to lost wages, salaries, commissions, or fringe

benefits;
        (9) institute actions for appropriate legal or equitable relief in a circuit or superior court;
        (10) employ an executive director and other staff personnel;
        (11) adopt rules and regulations;
        (12) initiate complaints, except that no person who initiates a complaint may participate as a member of the agency in the hearing or disposition of the complaint; and
        (13) conduct programs and activities to carry out the public policy of the state, as provided in section 2 of this chapter, within the territorial boundaries of a local agency.
    (d) Any person who files a complaint with any local agency may not also file a complaint with the civil rights commission concerning any of the matters alleged in such complaint, and any person who files a complaint with the civil rights commission may not also file a complaint with any local agency concerning any of the matters alleged in such complaint. Any complaint filed with the commission may be transferred by the commission to any local agency having jurisdiction. The local agency shall proceed to act on the complaint as if it had been originally filed with the local agency as of the date that the complaint was filed with the commission. Any complaint filed with a local agency may be transferred by the local agency to the commission if the commission has jurisdiction. The commission shall proceed to act on the complaint as if it had been originally filed with the commission as of the date that the complaint was filed with the local agency. Nothing in this subsection shall affect such person's right to pursue any and all other rights and remedies available in any other state or federal forum.
    (e) A decision of the local agency may be appealed under the terms of IC 4-21.5 the same as if it was a decision of a state agency.

SOURCE: IC 23-10-2-19; (09)IN0550.1.156. -->     SECTION 156. IC 23-10-2-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 19. Lands conveyed to the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) by deed duly recorded, for the purpose of a public or private cemetery, shall be held by such board (before January 1, 2013) or county executive (after December 31, 2012) forever in trust for such purpose.
SOURCE: IC 23-14-62-2; (09)IN0550.1.157. -->     SECTION 157. IC 23-14-62-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The persons referred to in section 1 of this chapter may file with the board of commissioners (before January 1, 2013) or the county executive (after December 31, 2012) of the county in which the cemetery is located a petition asking for the conveyance of the cemetery to the

corporation.
     (b) In the case of a petition filed after December 31, 2012, the county executive shall forward the petition and a recommendation concerning the petition to the county council.

SOURCE: IC 23-14-62-4; (09)IN0550.1.158. -->     SECTION 158. IC 23-14-62-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) This subsection applies to any petition filed with a board of commissioners under section 2 of this chapter before January 1, 2013. The board of commissioners presented with a petition under section 2 of this chapter, if satisfied:
        (1) as to the propriety of granting the request;
        (2) as to the sufficiency of the surety;
        (3) as to the good faith of the petitioners; and
        (4) that a majority of the heads of families of the county are taking part;
may convey the cemetery to the cemetery corporation.
     (b) This subsection applies to any petition filed with a county executive under section 2 of this chapter after December 31, 2012, and forwarded to the county council and to any petition filed with a county executive in a county that after December 31, 2012, has a county council elected under IC 36-2-3.8 that is the county executive, county legislative body, and county fiscal body. After considering any recommendation of the county executive, the county council, if satisfied:
        (1) as to the propriety of granting the request;
        (2) as to the sufficiency of the surety;
        (3) as to the good faith of the petitioners; and
        (4) that a majority of the heads of families of the county are taking part;
may adopt a resolution requiring the county executive officer to convey the cemetery to the cemetery corporation. If the county
council adopts a resolution under this subsection, the county executive shall convey the cemetery to the cemetery corporation as specified in the resolution.
SOURCE: IC 23-14-67-0.5; (09)IN0550.1.159. -->     SECTION 159. IC 23-14-67-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 23-14-70-0.5; (09)IN0550.1.160. -->     SECTION 160. IC 23-14-70-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.

SOURCE: IC 24-6-2-1; (09)IN0550.1.161. -->     SECTION 161. IC 24-6-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. The several boards of county commissioners (before January 1, 2013) or county executives (after December 31, 2012) within this state be, and they are hereby authorized and required to procure for their respective counties, and at the expense of the same, a set of the following measures and weights for the use of their county: that is; one (1) measure of one (1) foot or twelve (12) inches, English measure, so-called; also one (1) measure of three (3) feet, or thirty-six (36) inches, as aforesaid; also, one half (1/2) bushel measure for dry measure, which shall contain one thousand and seveny-five seventy-five and one-fifth (1,075 1/5) solid inches; also one gallon measure, which shall contain two hundred and thirty-one (231) solid inches; which measures are to be of wood or of any metal the court may think proper; also, one (1) set of weights commonly called avoirdupois weights; and sealed with the name or initial letters of the county inscribed thereon; and shall be kept by the county auditor of each and every county in this state, for the purpose of trying and sealing the weights and measures used in their counties.
SOURCE: IC 24-6-3-0.5; (09)IN0550.1.162. -->     SECTION 162. IC 24-6-3-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 25-28-1-0.5; (09)IN0550.1.163. -->     SECTION 163. IC 25-28-1-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 30-3-4-0.5; (09)IN0550.1.164. -->     SECTION 164. IC 30-3-4-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 32-26-1-0.5; (09)IN0550.1.165. -->     SECTION 165. IC 32-26-1-0.5 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.

SOURCE: IC 32-26-2-2; (09)IN0550.1.166. -->     SECTION 166. IC 32-26-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) This subsection applies in a township for which the board of county commissioners an ordinance has been adopted an ordinance that allows domestic animals to run at large in unenclosed public areas. If a domestic animal breaks into an enclosure or enters upon the property of another person that is enclosed by a lawful fence, the person injured by the actions of the domestic animal may recover the amount of damage done.
    (b) This subsection applies in a township for which the board of county commissioners an ordinance has not been adopted an ordinance that allows domestic animals to run at large in unenclosed public areas. If a domestic animal breaks into an enclosure or enters upon the property of another person, it is not necessary for the person injured by the actions of the domestic animal to allege or prove the existence of a lawful fence to recover for the damage done.
SOURCE: IC 32-26-6-0.5; (09)IN0550.1.167. -->     SECTION 167. IC 32-26-6-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. After December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this chapter of the board of county commissioners.
SOURCE: IC 32-26-7-1; (09)IN0550.1.168. -->     SECTION 168. IC 32-26-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. If petitioned by at least twenty (20) property owners in the county, the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall furnish a blank book to the recorder of the county, paid for out of the county fund, in which the county recorder shall keep a record of marks of rails and plank fencing that are adopted by the property owners of the county.
SOURCE: IC 33-23-10-2; (09)IN0550.1.169. -->     SECTION 169. IC 33-23-10-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. The commission on courts is composed of the following thirteen (13) members:
        (1) The chief justice of the supreme court or a representative designated by the chief justice.
        (2) Four (4) members from the house of representatives, appointed by the speaker of the house of representatives, not more than two (2) of whom are from the same political party.
        (3) Four (4) members from the senate, appointed by the president pro tempore of the senate, not more than two (2) of whom are from the same political party.
        (4) Two (2) members, not more than one (1) of whom is from the same political party, appointed by the president pro tempore of the senate as follows:
            (A) One (1) member must be a sitting judge.
            (B) One (1) member must be:
                 (i) before January 1, 2013, a county commissioner; and
                (ii) after December 31, 2012, either a chief executive officer of a county or a member of a county council in a county that has a county council elected under IC 36-2-3.8 that is the county executive, county legislative body, and county fiscal body.

        (5) Two (2) members, not more than one (1) of whom is from the same political party, appointed by the speaker of the house of representatives as follows:
            (A) One (1) member must be a member of a county council.
            (B) One (1) member must be a circuit court clerk.
SOURCE: IC 33-24-6-11; (09)IN0550.1.170. -->     SECTION 170. IC 33-24-6-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. Any judge transferred to a court in another county shall be paid travel and other necessary expenses by the county to which the judge is transferred. An allowance for expenses shall be certified by the chief justice in duplicate to the auditor of the county. The certificate of allowance is prima facie evidence of the correctness of the claims. An item of expenses certified to be correct must be allowed by the board of commissioners of that county (before January 1, 2013) or county executive (after December 31, 2012).
SOURCE: IC 33-28-1-10; (09)IN0550.1.171. -->     SECTION 171. IC 33-28-1-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. If, at any time both the sheriff and the coroner are unable to attend, or if the sheriff and coroner are both incapacitated from serving, the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) may appoint an elisor to serve during the pendency of the matter in which the sheriff and coroner are disabled from serving.
SOURCE: IC 33-30-7-1; (09)IN0550.1.172. -->     SECTION 172. IC 33-30-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) of each county shall provide a suitable place for the holding of court for each judge of the county court sitting

in the board's or executive's county. The county may rent suitable facilities from other governmental units.
    (b) A judge may conduct hearings and hold court in cities or towns outside the place provided by the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) if the judge considers it necessary for the convenience of the citizens of the district.
    (c) Each judge of the county court shall provide by rule for an evening session to be held one (1) time each week in each county served by the court. Additional sessions in the evening and on holidays shall be held as necessary to ensure the just, speedy, and inexpensive determination of every action.

SOURCE: IC 33-31-1-6; (09)IN0550.1.173. -->     SECTION 173. IC 33-31-1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. The probate court shall hold sessions at the courthouse of the county, or at any other convenient place as the court designates in the county. The county commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall provide suitable quarters for the sessions.
SOURCE: IC 33-31-1-13; (09)IN0550.1.174. -->     SECTION 174. IC 33-31-1-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. (a) When a person is appointed judge pro tem under this chapter, the appointee is entitled to ten dollars ($10) for each day the appointee serves as the judge to be paid:
        (1) out of the county treasury of the county where the probate court is held;
        (2) upon the warrant of the county auditor; and
        (3) based upon the filing of a claim approved by the judge of the court.
    (b) Any amount more than five hundred dollars ($500) allowed to a judge pro tem during any year shall be deducted by the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) from the regular annual salary of the judge of the probate court making the appointment unless the judge pro tem is appointed on account of change of venue, relationship, interest as former counsel, or absence of judge in case of serious sickness of the judge or a family member of the judge.
SOURCE: IC 33-32-2-4; (09)IN0550.1.175. -->     SECTION 175. IC 33-32-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) The board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall provide the clerk with an office at the county seat in a building provided for that purpose.
    (b) The clerk shall keep the office open on every day of the year

except on Sundays and legal holidays. However, the clerk:
        (1) shall keep the office of the clerk open on those days and times necessary for the proper administration of the election statutes; and
        (2) may close the office on those days that the judge of the circuit court orders the court closed in accordance with the custom and practice of the county.
    (c) Any legal action required to be taken in the office of the clerk during the time the office is closed under this section may be taken on the next following day the office is open.

SOURCE: IC 33-32-3-6; (09)IN0550.1.176. -->     SECTION 176. IC 33-32-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) Before the twenty-fifth day of each month, the clerk shall prepare a report showing as of the close of business on the last day of the preceding month the following information:
        (1) The balance, if any, of fees payable to the county.
        (2) Fees collected for fish and game licenses.
        (3) Trust funds held, including payments collected for support.
        (4) The total of the balances of all fees and funds.
        (5) The record balance of money in each depository at the end of the month.
        (6) The cash in the office at the close of the last day of the month.
        (7) Any other items for which the clerk of the circuit court is entitled to credit.
        (8) The total amount of cash in each depository at the close of business on the last day of the month.
        (9) The total of checks issued against each depository that are outstanding at the end of the month and unpaid by the depositories.
    (b) The clerk shall:
        (1) retain one (1) copy as a public record of the clerk's office; and
        (2) file three (3) sufficient copies with the county auditor, who shall:
            (A) present:
                 (i) one (1) copy to the board of commissioners of the county at its next regular meeting (for copies presented before January 1, 2013); and
                (ii) one (1) copy to the county council at its next regular meeting and, in a county with a chief executive officer, one (1) copy to the
chief executive officer (for copies presented after December 31, 2012); and
            (B) transmit one (1) copy to the state board of accounts.
Each copy of the report must be verified by the certification of the clerk. The clerk shall file the original with the county auditor, who shall file it with the records of the county board of finance.
    (c) The state board of accounts shall prescribe forms for the clerk's monthly reports.
SOURCE: IC 33-33-0.5; (09)IN0550.1.177. -->     SECTION 177. IC 33-33-0.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 0.5. County Executives in Certain Counties
    Sec. 1. After December 31, 2012
, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities under this article of the board of county commissioners.
SOURCE: IC 33-33-45-28; (09)IN0550.1.178. -->     SECTION 178. IC 33-33-45-28, AS AMENDED BY P.L.2-2007, SECTION 368, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 28. (a) The judicial nominating commission (referred to in this chapter as the commission) consists of nine (9) members, the majority of whom form a quorum. The chief justice of the supreme court (or a justice of the supreme court or judge of the court of appeals designated by the chief justice) shall be a member and shall act as chairman.
    (b) Under sections 30 and 31 of this chapter, those admitted to the practice of law and residing in Lake County shall elect four (4) of their members to serve on the commission, subject to the following:
        (1) At least one (1) attorney member must be a minority individual (as defined in IC 21-13-1-6).
        (2) Two (2) attorney members must be women.
        (3) Two (2) attorney members must be men.
    (c) The Lake County board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall appoint four (4) nonattorney citizens to the commission, subject to the following:
        (1) Each of the three (3) county commissioners shall appoint one (1) nonattorney member who is a resident of the appointing commissioner's district. This subdivision expires December 31, 2012.
        (2) After each county commissioner has had the opportunity to make the county commissioner's appointment, the fourth nonattorney member must be appointed by a majority vote of the Lake County board of commissioners. This subdivision expires December 31, 2012.
        (3) At least one (1) nonattorney member must be a minority

individual (as defined in IC 21-13-1-6).
        (4) Two (2) nonattorney members must be women.
        (5) Two (2) nonattorney members must be men.
        (6) Not more than two (2) of such appointees may be from the same political party.
The appointees must reflect the composition of the community. If the Lake County board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) fails to appoint any of the nonattorney commission members within the time required to do so in section 29 of this chapter, the appointment shall be made by the chief justice of the supreme court.
    (d) A member of the commission, other than a judge or justice, may not hold any other elected public office. A member may not hold an office in a political party or organization. A nonattorney member of the commission may not hold an elected or salaried public office. A nonattorney member may not be an employee of the state or of a political subdivision of the state.
    (e) A member of the commission is not eligible for appointment to a judicial office in Lake County if the member is a member of the commission and for three (3) years thereafter.
    (f) If any member of the commission, other than a judge or justice, terminates the member's residence in Lake County, the member is considered to have resigned from the commission.

SOURCE: IC 33-33-45-29; (09)IN0550.1.179. -->     SECTION 179. IC 33-33-45-29 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 29. (a) The Lake County board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall appoint the four (4) nonattorney members of the commission.
    (b) One (1) month before the expiration of a term of office of a nonattorney commissioner, an appointment or reappointment shall be made in accordance with section 28 of this chapter. All appointments made by the Lake County board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) shall be certified to the secretary of state, the clerk of the supreme court, and the clerk of Lake circuit court within ten (10) days after the appointment.
    (c) Each nonattorney member shall be appointed for a term of four (4) years.
    (d) Whenever a vacancy occurs in the office of a nonattorney commissioner, the chairman of the commission shall promptly notify the Lake County board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) in writing of such fact. Vacancies in the office of nonattorney commissioners shall be filled by

appointment of the Lake County board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) within sixty (60) days after notice of the vacancy is received. The term of the nonattorney commissioner appointed is for the unexpired term of the member whose vacancy the new member has filled.

SOURCE: IC 33-33-71-31; (09)IN0550.1.180. -->     SECTION 180. IC 33-33-71-31 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 31. (a) The appointment to membership on the commission of the nonattorney members shall be made by a selection committee consisting of the judge of the St. Joseph circuit court, the president of the board of St. Joseph County commissioners (before January 1, 2013) or the county executive (after December 31, 2012), and mayors in each of the two (2) cities having the largest populations in St. Joseph County. These appointments shall be made by a majority vote of the selection committee. If a vacancy occurs on the commission among the nonattorney members, that fact shall be reported to the judge of the St. Joseph circuit court by the commission. Upon notification, the judge of the St. Joseph circuit court shall call into session the selection committee, which shall, by majority vote, select a person or persons not admitted to the practice of law, who shall serve the unexpired term of the vacant commission membership position and that this selection and appointment by the selection committee shall be made within sixty (60) days after the date the St. Joseph circuit court is notified of the creation of the vacancy. If the selection committee fails to act to fill an unexpired term of a nonattorney member of the commission within sixty (60) days after the notification that the vacancy exists, the vacancy shall be filled by a majority vote of the remaining members of the commission.
    (b) Not less than sixty (60) days before the expiration of the term of a nonattorney member of the commission, the judge of the St. Joseph circuit court shall call into session the selection committee that shall appoint, by a majority vote, a person to the commission to serve a new term. If the selection committee fails to act to fill an expired term of a nonattorney member of the commission by the date of expiration of the term of a nonattorney member of the commission, the remaining members on the commission shall, by majority vote, appoint a person to serve for the succeeding term. All appointments made to the commission shall be certified within ten (10) days to the clerk of the St. Joseph superior court.
    (c) Each appointee of a nonattorney member to the commission, except those who fill a vacancy, shall serve for four (4) years.
SOURCE: IC 33-39-6-1; (09)IN0550.1.181. -->     SECTION 181. IC 33-39-6-1 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Prosecuting attorneys and deputy prosecuting attorneys are entitled to receive the compensation provided in this chapter. The minimum compensation of the prosecuting attorneys shall be paid in the manner prescribed in section 5 of this chapter. The compensation of the deputy prosecuting attorneys shall be paid in the manner prescribed in section 2 of this chapter.
    (b) Upon the allowance of an itemized and verified claim by the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012), the auditor of the county shall issue a warrant to a prosecuting attorney or deputy prosecuting attorney who filed the claim to pay any part of the compensation of a prosecuting attorney or a deputy prosecuting attorney that exceeds the amount that the state is to pay.
    (c) A deputy prosecuting attorney who knowingly divides compensation with the prosecuting attorney or any other officer or person in connection with employment commits a Class B misdemeanor.
    (d) A prosecuting attorney or any other officer or person who knowingly accepts any division of compensation described in subsection (c) commits a Class B misdemeanor.
    (e) The attorney general shall call at least one (1) and not more than two (2) conferences of the prosecuting attorneys, each year, to consider, discuss, and develop coordinated plans for the enforcement of the laws of Indiana. The date or dates upon which the conferences are held shall be fixed by the attorney general. The expenses necessarily incurred by a prosecuting attorney in attending a conference, including the actual expense of transportation to and from the place where the conference is held, together with meals and lodging, shall be paid from the general fund of the county upon the presentation of an itemized and verified claim, filed as required by law, and by warrant issued by the county auditor. If there is more than one (1) county in any judicial circuit, the expenses of the prosecuting attorneys incurred by virtue of this subsection shall be paid from the general fund of the respective counties constituting the circuit in the same proportion that the classification factor of each county bears to the classification factor of the judicial circuit as determined according to law by the state board of accounts.

SOURCE: IC 33-39-6-8; (09)IN0550.1.182. -->     SECTION 182. IC 33-39-6-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) The compensation provided in this chapter for prosecuting attorneys and their deputies is in full for all services required by law. Prosecuting

attorneys shall appear in all courts and in all cases where the law provides that they shall appear.
    (b) Prosecuting attorneys, deputy prosecuting attorneys, and investigators are entitled to a sum for mileage for the miles necessarily traveled in the discharge of their duties. The sum for mileage provided by this subsection must:
        (1) equal the sum per mile paid to state officers and employees, with the rate changing each time the state government changes its rate per mile;
        (2) be allowed by the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) on a claim duly filed monthly by the prosecutor, deputy prosecuting attorneys, and investigators itemizing the specific mileage traveled; and
        (3) be paid by the county in which the duty arose that necessitated the travel.
    (c) This chapter does not prohibit the payment of other expenses as may be allowed by law.
    (d) If a board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) does not furnish the prosecuting attorney with office space, the county council shall appropriate a reasonable amount of money per year to the prosecuting attorney for office space.

SOURCE: IC 34-17-2-1; (09)IN0550.1.183. -->     SECTION 183. IC 34-17-2-1, AS AMENDED BY P.L.146-2008, SECTION 678, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) An information described in IC 34-17-1-1 may be filed:
        (1) by the prosecuting attorney in the circuit court of the proper county, upon the prosecuting attorney's own relation, whenever the prosecuting attorney:
            (A) determines it to be the prosecuting attorney's duty to do so; or
            (B) is directed by the court or other competent authority; or
        (2) by any other person on the person's own relation, whenever the person claims an interest in the office, franchise, or corporation that is the subject of the information.
    (b) The prosecuting attorney shall file an information in the circuit court of the county against the county assessor or a township assessor under IC 34-17-1-1(2) if:
        (1) the board of county commissioners (for ordinances adopted before January 1, 2013) or the county council (for ordinances adopted after December 31, 2012) adopts an ordinance under

IC 6-1.1-4-31(f); or
        (2) the city-county council adopts an ordinance under IC 6-1.1-4-31(g).

SOURCE: IC 34-30-10-1; (09)IN0550.1.184. -->     SECTION 184. IC 34-30-10-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. This chapter applies to a county auditor who issues a warrant upon the county treasurer in good faith under the order or authority of the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) of the county, or because of a judgment or order of a court in the county in a case in which the county was a party and was duly served with process.
SOURCE: IC 34-30-10-2; (09)IN0550.1.185. -->     SECTION 185. IC 34-30-10-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) A civil suit may not be maintained against:
        (1) the county auditor; or
        (2) the county auditor's bondsmen;
for the issuance of the warrant, even if the warrant was drawn according to an order of the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) or a judgment of the court that is either void or voidable.
    (b) However, the validation of the act of the auditor does not prevent the recovery of any money from any person receiving it that might have been recovered if this chapter had not been enacted.
SOURCE: IC 34-35-5-4; (09)IN0550.1.186. -->     SECTION 186. IC 34-35-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) Expenses shall be audited and allowed by the court to which the cause is venued. The allowance shall be certified by the court in duplicate to the auditor of the county, who shall:
        (1) retain one (1) of the certificates of allowance in the auditor's office; and
        (2) mail by certified mail the duplicate certificate of allowance to the auditor of the county in which the cause originated and from which such expenses are due.
    (b) The auditor of the county in which the cause originated shall enter the duplicate certificate of allowance as a claim against the county in which the cause originated on the claim docket of the auditor's office for allowance by the board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012) of the county at their next regular or special session. The certificate of allowance shall be allowed by the board of county commissioners or county executive unless it is contested and proved incorrect as provided in this chapter.
SOURCE: IC 34-56-2-1; (09)IN0550.1.187. -->     SECTION 187. IC 34-56-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. This chapter applies to all cases in which:
        (1) an appeal is taken from:
            (A) a board of county commissioners (before January 1, 2013) or county executive (after December 31, 2012), viewers, or commissioners to assess damages; or
            (B) any other person or tribunal;
        to the circuit court; and
        (2) the appeal bond filed in the case is defective:
            (A) in substance or form; or
            (B) for want of proper approval.
SOURCE: IC 36-1-2-4; (09)IN0550.1.188. -->     SECTION 188. IC 36-1-2-4, AS AMENDED BY P.L.186-2006, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. "Clerk" means:
        (1) clerk of the circuit court, for a county;
        (2) county auditor, for a board of county commissioners in a county not having a consolidated city (before January 1, 2013), county executive (after December 31, 2012), board of county commissioners in a county having a consolidated city, or county council;
        (3) clerk of the city-county council, for a consolidated city;
        (4) city clerk, for a second class city;
        (5) clerk-treasurer, for a third class city;
        (6) clerk-treasurer, for a town; or
        (7) chief executive officer of a political subdivision not described in subdivisions (1) through (6).
SOURCE: IC 36-1-2-5; (09)IN0550.1.189. -->     SECTION 189. IC 36-1-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. "Executive" means:
        (1) for a county not having a consolidated city:
            (A) before January 1, 2013, the
board of commissioners; for a county not having a consolidated city; or
            (B) after December 31, 2012:
                (i) the chief executive officer elected under IC 3-10-2-13; or
                (ii) the county council, in the case of a county that has a county council elected under IC 36-2-3.8 that is the county executive, county legislative body, and county fiscal body.

        (2) the mayor of the consolidated city, for a county having a consolidated city;
        (3) the mayor, for a city;
        (4) the president of the town council, for a town;
        (5) a trustee, for a township;
        (6) the superintendent, for a school corporation; or
        (7) the chief executive officer, for any other political subdivision.
SOURCE: IC 36-1-2-9; (09)IN0550.1.190. -->     SECTION 190. IC 36-1-2-9, AS AMENDED BY P.L.186-2006, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. "Legislative body" means: the:
        (1) before January 1, 2013, the board of county commissioners, for a county not subject to IC 36-2-3.5 or IC 36-3-1;
        (2) the county council, for:
             (A) a county subject to IC 36-2-3.5 (before January 1, 2013); or
            (B) a county subject to IC 36-2-3.7 or IC 36-2-3.8 (after December 31, 2012);

        (3) the city-county council, for a consolidated city or county having a consolidated city;
        (4) the common council, for a city other than a consolidated city;
        (5) the town council, for a town;
        (6) the township board, for a township;
        (7) the governing body of any other political subdivision that has a governing body; or
        (8) the chief executive officer of any other political subdivision that does not have a governing body.
SOURCE: IC 36-1-2-24; (09)IN0550.1.191. -->     SECTION 191. IC 36-1-2-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 24. "Works board" means:
        (1) board of commissioners (before January 1, 2013) or county council (after December 31, 2012) for a county not having a consolidated city;
        (2) board of public works or board of public works and safety, for a city; or
        (3) town council, for a town.
SOURCE: IC 36-1-3-6; (09)IN0550.1.192. -->     SECTION 192. IC 36-1-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) If there is a constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must do so in that manner.
    (b) If there is no constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must either:
        (1) if the unit is a county or municipality, adopt an ordinance prescribing a specific manner for exercising the power;
        (2) if the unit is a township, adopt a resolution prescribing a specific manner for exercising the power; or
        (3) comply with a statutory provision permitting a specific manner for exercising the power.
    (c) An ordinance under subsection (b)(1) must be adopted as follows:
        (1) In a municipality, by the legislative body of the municipality.
        (2) In a county subject to IC 36-2-3.5 (before January 1, 2013) or IC 36-3-1, by the legislative body of the county.
        (3) In any other county, by the executive of the county (for ordinances adopted before January 1, 2013) or by the legislative body of the county (for ordinances that are adopted after December 31, 2012).
    (d) A resolution under subsection (b)(2) must be adopted by the legislative body of the township.
SOURCE: IC 36-2-1-2; (09)IN0550.1.193. -->     SECTION 193. IC 36-2-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) If the resident voters in a specified territory in two (2) or more contiguous counties desire to change the boundaries of their respective counties, they may file a petition with the executives of their respective counties requesting that the territory be transferred. The petition must:
        (1) be signed by at least the number of voters resident in the territory requested to be transferred required to place a candidate on the ballot under IC 3-8-6-3;
        (2) contain a clear, distinct description of the requested boundary change; and
        (3) not propose to decrease the area of any county below four hundred (400) square miles in compliance with Article 15, Section 7 of the Constitution of the State of Indiana.
    (b) Whenever a petition under subsection (a) is filed with a county executive, the executive shall determine, at its first meeting after the petition is filed:
        (1) whether the signatures on the petition are genuine; and
        (2) whether the petition complies with subsection (a).
    (c) If the determinations under subsection (b) are affirmative, the executive shall certify the question to the county election board of each affected county. The county election boards shall jointly order a special election to be held, scheduling the election so that the election is held on the same date in each county interested in the change, but not later than thirty (30) days and not on the same date as a general election. The election shall be conducted under IC 3-10-8-6. All voters of each interested county are entitled to vote on the question. The question

shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the boundaries of __________ County and ____________ County change?".
    (d) After an election under subsection (c), the clerk of each county shall make a certified copy of the election returns and not later than five (5) days after the election file the copy with the auditor of the county. The auditor shall, not later than five (5) days after the filing of the returns in the auditor's office, make a true and complete copy of the returns, certified under the auditor's hand and seal, and deposit the copy with the auditor of every other county interested in the change.
    (e) After copies have been filed under subsection (d), the auditor of each county shall call a meeting of the executive of the county, which shall examine the returns. If a majority of the voters of each interested county voted in favor of change, the executive shall:
        (1) enter an order declaring their boundaries to be changed as described in the petition; and
        (2) if the county has received territory from the transfer, adopt revised descriptions of:
            (A) county commissioner districts under IC 36-2-2-4 (before the districts are abolished); and
            (B) county council districts under IC 36-2-3-4;
so that the transferred territory is assigned to at least one (1) county commissioner district (before the districts are abolished) and at least one (1) county council district.
    (f) The executive of each county shall file a copy of the order described in subsection (e)(1) with:
        (1) the office of the secretary of state; and
        (2) the circuit court clerk of the county.
Except as provided in subsection (g), the transfer of territory becomes effective when the last county order is filed under this subsection.
    (g) An order declaring county boundaries to be changed may not take effect during the year preceding a year in which a federal decennial census is conducted. An order that would otherwise take effect during the year preceding a year in which a federal decennial census is conducted takes effect January 2 of the year in which a federal decennial census is conducted.
    (h) An election under this section may be held only once every three (3) years.

SOURCE: IC 36-2-1.5; (09)IN0550.1.194. -->     SECTION 194. IC 36-2-1.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 1.5. Transfer of Responsibility for Certain County

Functions
    Sec. 1. (a) This chapter applies after December 31, 2012.
    (b) This chapter applies only to a county not having a consolidated city.
    Sec. 2. (a) If the Constitution of the State of Indiana is amended so that it no longer provides for the mandatory election in each county of a recorder, surveyor, coroner, auditor, or treasurer:
        (1) the recorder, surveyor, coroner, auditor, and treasurer
of each county holding office on the date the amendment to the Constitution of the State of Indiana is effective may remain in office until the end of that official's term of office; and
        (2) on the earlier of:
            (A) the end of that official's term of office; or
            (B) the date the office becomes vacant;
        the county executive shall appoint an individual to serve in that office.
    (b) Notwithstanding any other provision, an individual appointed under this section to serve as county recorder, surveyor, coroner, auditor, or treasurer serves at the pleasure of the county executive.
    Sec. 3. Notwithstanding any other provision, if an individual is elected to the office of county recorder, surveyor, coroner, auditor, or treasurer at the same election in which the voters of Indiana vote to approve an amendment to the Constitution of the State of Indiana so that it no longer provides for the mandatory election in each county of a recorder, surveyor, coroner, auditor, and treasurer, the individual's election is nullified and the county executive shall appoint an individual to the office as provided in section 2 of this chapter.

SOURCE: IC 36-2-2-1; (09)IN0550.1.195. -->     SECTION 195. IC 36-2-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) This chapter applies to all counties not having a consolidated city.
    (b) This chapter expires at the end of December 31, 2012.

SOURCE: IC 36-2-2.4; (09)IN0550.1.196. -->     SECTION 196. IC 36-2-2.4 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 2.4. Determination of County Government Structure
    Sec. 1. This chapter applies only to a county not having a consolidated city.
    Sec. 2. After January 1, 2011, and before July 1, 2011, the county commissioners of each county subject to this chapter shall adopt a resolution specifying whether:
        (1) the voters of the county shall elect:
            (A) a single county chief executive officer under IC 36-2-2.5 who has the executive powers and duties of the county; and
            (B) a county council that has the legislative and fiscal powers and duties of the county; or
        (2) the voters of the county shall elect a county council under IC 36-2-3.8 that is a combined county executive, legislative, and fiscal body that has the executive, legislative, and fiscal powers and duties of the county.

SOURCE: IC 36-2-2.5; (09)IN0550.1.197. -->     SECTION 197. IC 36-2-2.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 2.5. County Chief Executive Officer
    Sec. 1. Except as specifically provided, this chapter applies after December 31, 2012, to each county:
        (1)
that does not have a consolidated city; and
        (2) in which the county commissioners make a determination under IC 36-2-2.4 that the county executive is one (1) elected chief executive officer.
    Sec. 2. As used in this chapter, "chief executive officer" means the chief executive officer elected under IC 3-10-2-13 in 2012 and every four (4) years thereafter.
    Sec. 3. (a) In a county subject to this chapter:
        (1) the voters of the county:
            (A) shall elect one (1) chief executive officer in 2012 and every four (4) years thereafter; and
            (B) shall not elect a board of county commissioners;
        under IC 3-10-2-13;
        (2) the board of county commissioners for the county is abolished at the end of December 31, 2012;
        (3) notwithstanding IC 36-2-2-3, the term of each county commissioner elected in 2010 is two (2) years rather than four (4) years; and
        (4) notwithstanding IC 36-2-2-3, the term of each county commissioner serving on December 31, 2012, expires at the end of that day.
    (b) The term of office of the initial county chief executive officer:
        (1) is four (4) years; and
        (2) begins January 1, 2013.
    (c) The term of office of a county chief executive officer is four

(4) years, beginning January 1 after election and continuing until a successor is elected and qualified.
    (d) To be eligible for election as the chief executive officer, an individual must meet the qualifications prescribed by IC 3-8-1-21. If an individual does not remain a resident of the county after taking office as the chief executive officer, the individual forfeits the office. The county legislative body shall declare the office vacant whenever the chief executive officer forfeits office under this subsection.
    Sec. 4. (a) All powers and duties of the county that are executive or administrative in nature shall be exercised or performed by the chief executive officer, except to the extent that these powers and duties are expressly assigned by law to another elected or appointed officer. The chief executive officer shall transact the business of the county in the name of "The Chief Executive Officer of the County of ________".
    (b) For purposes of a county subject to this chapter, after December 31, 2012, any reference:
        (1) in the Indiana Code;
        (2) in the Indiana Administrative Code; or
        (3) in an ordinance or resolution;
to the board of commissioners pertaining to the executive powers of a county shall be considered a reference to the chief executive officer of the county. For purposes of a county subject to this chapter, after December 31, 2012, any reference in the Indiana Code related to the executive powers and duties of the board of county commissioners shall, for purposes of a county subject to this chapter, be considered a reference to the powers and duties of the chief executive officer of the county.
    (c) The county council has the legislative powers and duties of the county as provided in IC 36-2-3.7.
    Sec. 5. The chief executive officer shall do the following:
        (1) Report on the condition of the county before March 1 of each year to the county legislative body and to the residents of the county.
        (2) Recommend before March 1 of each year to the county legislative body any action or program the chief executive officer considers necessary for the improvement of the county and the welfare of county residents.
        (3) Submit to the county legislative body an annual budget in accordance with IC 36-2-5.
        (4) Establish the procedures to be followed by all county

departments, offices, and agencies under the chief executive officer's jurisdiction to the extent these procedures are not expressly assigned by law to another elected or appointed officer.
        (5) Administer all statutes, ordinances, and regulations applicable to the county, to the extent the administration of these matters is not expressly assigned by law to another elected or appointed officer.
        (6) Supervise the care and custody of all county property.
        (7) Supervise the collection of revenues and control all disbursements and expenditures, and prepare a complete account of all expenditures, to the extent these matters are not expressly assigned by law to another elected or appointed officer.
        (8) Review, analyze, and forecast trends for county services and finances and programs of all county governmental entities, and report and recommend on these to the county legislative body by March 15 of each year.
        (9) Negotiate contracts for the county.
        (10) Make recommendations concerning the nature and location of county improvements, and provide for the execution of those improvements.
        (11) Supervise county administrative offices, except for the offices of elected officers.
        (12) Do the following in January of each year:
            (A) Make a settlement with the county treasurer for the preceding calendar year and include a copy of the settlement sheet in the order book of the chief executive officer.
            (B) Make an accurate statement of the county's receipts and expenditures during the preceding calendar year. The statement must include the name of and total compensation paid to each county officer, deputy, and employee. The executive shall post this statement at the courthouse door and two (2) other places in the county and shall publish it in the manner prescribed by IC 5-3-1.
        (13) Perform other duties and functions that are assigned to the chief executive officer by statute or ordinance.
    Sec. 6. The chief executive officer may do any of the following:
        (1) Order any department, office, or agency under the chief executive officer's jurisdiction to undertake any task for another department, office, or agency under the chief

executive officer's jurisdiction on a temporary basis, if necessary for the proper and efficient administration of county government.
        (2) Establish and administer centralized budgeting, centralized personnel selection, and centralized purchasing.
        (3) Audit the accounts of officers who deal with money belonging to or appropriated for the benefit of the county.
        (4) Approve accounts chargeable against the county and direct the raising of money necessary for county expenses.
        (5) Make orders concerning county property, including orders for:
            (A) the sale of the county's public buildings and the acquisition of land in the county seat on which to build new public buildings; and
            (B) the acquisition of land for a public square and the maintenance of that square.
        However, a conveyance or purchase by a county of land having a value of one thousand dollars ($1,000) or more must be authorized by an ordinance of the county legislative body fixing the terms and conditions of the transaction.
    Sec. 7. (a) The chief executive officer shall establish and maintain a county courthouse, county jail, and public offices for the county clerk, the county auditor, the county recorder, the county treasurer, the county sheriff, the county surveyor, and the county superintendent of schools (if any).
    (b) Offices for the surveyor and superintendent of schools must be in the courthouse or at the county seat.
    (c) Offices for the sheriff may be located:
        (1) in the courthouse;
        (2) inside the corporate limits of the county seat; or
        (3) outside the corporate limits of the county seat but within the limits of the county.
    Sec. 8. (a) The chief executive officer may grant licenses, permits, or franchises for the use of county property if the licenses, permits, or franchises:
        (1) are not exclusive;
        (2) are of a definite duration; and
        (3) are assignable only with the consent of the chief executive officer.
    (b) If a public utility or municipally owned or operated utility that carries on business outside the corporate boundaries of municipalities in the county is engaged in an activity substantially

similar to that for which a license, permit, or franchise for the use of county property is sought, the chief executive officer may grant the license, permit, or franchise only with the consent of the utility regulatory commission. The commission may give its consent only if it determines, after a public hearing of all interested parties, that public necessity and convenience require the substantially similar activity.
    (c) The provisions of this section that concern securing the consent of the utility regulatory commission do not apply to municipally owned or operated utilities.
    Sec. 9. Notwithstanding IC 36-2-2-1(b), the chief executive officer shall approve or veto ordinances passed by the county legislative body in the manner prescribed by IC 36-2-4-8.
    Sec. 10. Notwithstanding any other law, if a statute requires a county executive to take an executive action by ordinance or resolution, a chief executive officer shall instead take the action by issuing an executive order.

     Sec. 11. (a) If the chief executive officer is disqualified from acting in a quasi-judicial proceeding, the chief executive officer shall cease to act in that proceeding. Within ten (10) days after the finding that the chief executive officer is disqualified to act in a proceeding, the county auditor shall send a certified copy of the record of the proceeding to the judge of the circuit court for the county. If the judge affirms the disqualification of the chief executive officer, the judge shall appoint a disinterested and competent person to serve as a special executive in the proceeding.
    (b) A person who consents to serve as a special executive must have the same qualifications as an elected chief executive officer. The person's appointment and oath shall be filed with the county auditor and entered on the records of the chief executive officer. A person appointed as special executive may conduct the proceeding until a final determination is reached.

    Sec. 12. The chief executive officer shall keep the chief executive officer's office open on each business day.
    Sec. 13. Appointments made by the chief executive officer shall be certified by the county auditor, under the seal of the chief executive officer.
    Sec. 14. (a) The chief executive officer may employ a person:
        (1) to perform a duty required of a county officer by statute; or
        (2) on a commission or percentage basis;
only if the employment is expressly authorized by statute or is

found by the chief executive officer to be necessary to the public interest.
    (b) If a person's employment under subsection (a) is not expressly authorized by statute, the contract for the person's employment must be filed with the circuit court for the county, and the person must file the person's claims for compensation with that court. Any taxpayer may contest a claim under this section.
    (c) A chief executive officer who recklessly violates this section commits a Class C misdemeanor and forfeits the person's office.
    Sec. 15. (a) The chief executive officer may appoint a county administrator to be the administrative head of the county under the supervision of the chief executive officer and to hold office at the pleasure of the chief executive officer. The chief executive officer may assign any office, position, or duties under its control to the administrator and may by resolution withdraw any of the powers and duties assigned.
    (b) Under the supervision of the chief executive officer and with the chief executive officer's express authorization by resolution, the administrator may:
        (1) assist in the administration and enforcement of policies and resolutions of the chief executive officer;
        (2) supervise activities of county government subject to the control of the chief executive officer;
        (3) attend meetings of the chief executive officer;
        (4) recommend measures for adoption to the chief executive officer;
        (5) prepare and submit reports that the administrator considers advisable or that the chief executive officer requires;
        (6) keep the chief executive officer fully advised on the financial condition of the county;
        (7) prepare and submit a budget for each fiscal year; and
        (8) perform other duties that the chief executive officer requests by resolution.
    (c) If the administrator is absent from office due to illness, death, vacation, resignation, or removal, a qualified person appointed by the chief executive officer shall act as administrator until the administrator returns to the administrator's duties or the executive appoints a new administrator.
    Sec. 16. The chief executive officer shall appear before the legislative body of the county at least once each month and at other times as needed to conduct all necessary county business.


    Sec. 17. (a) A party to a proceeding before the chief executive officer who is aggrieved by a decision of the chief executive officer may appeal that decision to the circuit court for the county.
    (b) A person who is not a party to a proceeding before the chief executive officer may appeal a decision of the chief executive officer only if the person files with the county auditor an affidavit:
        (1) specifically setting forth the person's interest in the matter decided; and
        (2) alleging that the person is aggrieved by the decision of the chief executive officer.
    (c) An appeal under this section must be taken within thirty (30) days after the chief executive officer makes the decision by which the appellant is aggrieved.
    (d) An appellant under this section must file with the county auditor a bond conditioned on due prosecution of the appeal. The bond is subject to approval by the county auditor and must be in an amount sufficient to provide security for court costs.
    (e) Not more than twenty (20) days after the county auditor receives the appeal bond, the county auditor shall prepare a complete transcript of the proceedings of the chief executive officer related to the decision appealed from and shall deliver the transcript, all documents filed during the proceedings, and the appeal bond to the clerk of the circuit court.
    Sec. 18. (a) An appeal under section 17 of this chapter shall be docketed among the other causes pending in the circuit court and shall be tried as an original cause.
    (b) A court may decide an appeal under section 17 of this chapter by:
        (1) affirming the decision of the chief executive officer; or
        (2) remanding the cause to the chief executive officer with directions as to how to proceed;
and may require the chief executive officer to comply with this decision.
    Sec. 19. (a) The county auditor or the chief executive officer may administer any oaths required by this chapter.
    (b) The chief executive officer may:
        (1) punish contempt by a fine of not more than three dollars ($3) or by imprisonment for not more than twenty-four (24) hours; and
        (2) enforce the chief executive officer's orders by attachment or other compulsory process.
    (c) Fines assessed by the executive shall be executed, collected,

and paid over in the same manner as other fines.
    (d) The county sheriff or a county police officer shall attend the meetings of the chief executive officer, if requested by the chief executive officer, and shall execute the chief executive officer's orders.
    Sec. 20. (a) Appointments made by the chief executive officer shall be certified by the county auditor, under the seal of the chief executive officer.
    (b) If a copy of the chief executive officer's proceedings has been signed and sealed by the county auditor and introduced into evidence in court, that copy is presumed to be an accurate record of the chief executive officer's proceedings.
    Sec. 21. If publication of a notice, report, or statement of any kind is required and a county is liable for the cost of that publication, the chief executive officer may not make or pay for publication in more than one (1) newspaper unless publication in two (2) newspapers is required. A person who violates this section commits a Class C infraction.

     Sec. 22. (a) The chief executive officer may employ and fix the compensation of an attorney to represent and advise the executive.
    (b) For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, employment by a chief executive officer as an attorney does not constitute a lucrative office.

SOURCE: IC 36-2-3-2; (09)IN0550.1.198. -->     SECTION 198. IC 36-2-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) After December 31, 2012, this section does not apply to a county in which the county commissioners make a determination under IC 36-2-2.4 that the county council is the county executive, the county legislative body, and the county fiscal body.
    (a) (b) The seven (7) member county council elected under this chapter is the county fiscal body and (after December 31, 2012) the county legislative body as provided in IC 36-2-3.7. The fiscal body shall act in the name of "The _________ County Council".
    (b) (c) Notwithstanding subsection (a), (b), in a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000), the county council has nine (9) members.
SOURCE: IC 36-2-3-3; (09)IN0550.1.199. -->     SECTION 199. IC 36-2-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The fiscal body county council shall be elected under IC 3-10-2-13. Except in a county having only single member districts, members elected from districts and at-large members, respectively, are to be elected in alternate,

succeeding general elections under section 4 of this chapter. In a county having only single member districts, the terms of the members are staggered as was provided by law before September 1, 1980.
    (b) The term of office of a member of the fiscal body county council is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.

SOURCE: IC 36-2-3-4; (09)IN0550.1.200. -->     SECTION 200. IC 36-2-3-4, AS AMENDED BY P.L.230-2005, SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) After December 31, 2012, this section does not apply to a county in which the county commissioners make a determination under IC 36-2-2.4 that the county council is the county executive, the county legislative body, and the county fiscal body. This subsection does not apply to a county having a population of:
        (1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
        (2) more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
The county executive (before January 1, 2013) or the county council (after December 31, 2012) shall, by ordinance, divide the county into four (4) contiguous, single-member districts that comply with subsection (d). If necessary, the county auditor shall call a special meeting of the executive (before January 1, 2013) or the county council (after December 31, 2012) to establish or revise districts. One (1) member of the fiscal body shall be elected by the voters of each of the four (4) districts. Three (3) at-large members of the fiscal body shall be elected by the voters of the whole county.
    (b) This subsection applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). The county redistricting commission established under IC 36-2-2-4 (before January 1, 2013) or by subsection (g) (after December 31, 2012) shall divide the county into seven (7) single-member districts that comply with subsection (d). One (1) member of the fiscal body shall be elected by the voters of each of these seven (7) single-member districts.
    (c) This subsection applies to a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000). The fiscal body shall divide the county into nine (9) single-member districts that comply with subsection (d). Three (3) of these districts must be contained within each of the three (3) districts established under IC 36-2-2-4(c) (before its expiration). One (1) member of the fiscal body shall be elected by the voters of each of

these nine (9) single-member districts.
    (d) Single-member districts established under subsection (a), (b), or (c) must:
        (1) be compact, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes);
        (2) not cross precinct boundary lines;
        (3) contain, as nearly as possible, equal population; and
        (4) include whole townships, except when a division is clearly necessary to accomplish redistricting under this section.
    (e) A division under subsection (a), (b), or (c) shall be made:
        (1) during the first year after a year in which a federal decennial census is conducted; and
        (2) when the county executive adopts an order declaring a county boundary to be changed under IC 36-2-1-2.
    (f) A division under subsection (a), (b), or (c) may be made in any odd-numbered year not described in subsection (e).
    (g) This subsection applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) after December 31, 2012. A county redistricting commission established under IC 36-2-2-4(b) (before its expiration on December 31, 2012) shall continue in existence after December 31, 2012, and is governed by this subsection. A county redistricting commission shall divide the county into three (3) single-member districts that comply with subsection (d). The commission is composed of:
        (1) the members of the Indiana election commission;
        (2) two (2) members of the senate selected by the president pro tempore, one (1) from each political party; and
        (3) two (2) members of the house of representatives selected by the speaker, one (1) from each political party.
The legislative members of the commission may not vote and may act only in an advisory capacity. A majority vote of the voting members is required for the commission to take action. The commission may meet as frequently as necessary to perform its duty under this subsection. The commission's members serve without additional compensation above that provided for them as members of the Indiana election commission, the senate, or the house of representatives.
    (h) This subsection applies to the following after December 31, 2012:
        (1) A county having a population of more than four hundred

thousand (400,000) but less than seven hundred thousand (700,000).
        (2) A county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
A court may, as provided under IC 36-2-3.5-6 (before its expiration on December 31, 2012), issue an order, before final hearing, to stay an election if there is sufficient evidence to withstand a motion for summary judgment that the county has not been divided into districts that comply with this section. A preliminary hearing on the question may be held upon the court's own motion. Final judgment on the merits in such a case shall be made not later than thirty (30) days after the stay of election order. If the redistricting is found not to be in compliance with law, the court shall retain jurisdiction and shall order the proper officials to submit not later than thirty (30) days a redistricting plan complying with law. If the proper officials fail to comply with the order, the court shall order the Indiana election commission to divide the county into districts in compliance with law.

SOURCE: IC 36-2-3-4.7; (09)IN0550.1.201. -->     SECTION 201. IC 36-2-3-4.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4.7. (a) Whenever the county executive or the county fiscal body divides the county into districts under section 4 of this chapter, the county executive or the county fiscal body council shall adopt an ordinance.
    (b) The county executive or the county fiscal body council shall file a copy of an ordinance adopted under subsection (a) with the circuit court clerk.
SOURCE: IC 36-2-3-5; (09)IN0550.1.202. -->     SECTION 202. IC 36-2-3-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) To be eligible to serve as a member of the fiscal body, county council, a person must meet the qualifications prescribed by IC 3-8-1-22.
    (b) A member of the fiscal body county council must reside within:
        (1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and
        (2) the district from which the member was elected, if applicable.
    (c) A member who fails to comply with subsection (b) forfeits the office.
SOURCE: IC 36-2-3-6; (09)IN0550.1.203. -->     SECTION 203. IC 36-2-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) At its regular meeting required by section 7(b)(1) of this chapter, the fiscal body county council shall elect a president and president pro tempore from its members.
    (b) The county auditor is the clerk of the fiscal body county council and shall:
        (1) preserve the fiscal body's county council's records in his the county auditor's office;
        (2) keep an accurate record of the fiscal body's county council's proceedings;
        (3) record the ayes and nays on each vote appropriating money or fixing the rate of a tax levy; and
        (4) record the ayes and nays on other votes when requested to do so by two (2) or more members.
    (c) The county sheriff or a county police officer shall attend the meetings of the fiscal body, county council, if requested by the fiscal body, county council, and shall execute its orders.
    (d) The fiscal body county council may employ legal and administrative personnel necessary to assist and advise it in the performance of its functions and duties.
SOURCE: IC 36-2-3-7; (09)IN0550.1.204. -->     SECTION 204. IC 36-2-3-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. (a) The fiscal body county council shall hold its meetings in the county seat, in the county auditor's office, or in another location provided by the county executive and approved by the fiscal body. county council.
    (b) The fiscal body: county council:
        (1) shall hold a regular meeting in January after its election, for the purpose of organization and other business;
        (2) shall hold a regular meeting annually, as prescribed by IC 6-1.1-17, to adopt the county's annual budget and tax rate;
        (3) may hold a special meeting under subsection (c) or (d); and
        (4) in the case of a county subject to IC 36-2-3.5 before January 1, 2013, shall hold meetings at a regularly scheduled time each month that does not conflict with the meetings of the county executive.
    (c) A special meeting of the fiscal body county council may be called:
        (1) by the county auditor or the president of the fiscal body; county council; or
        (2) by a majority of the members of the fiscal body. county council.
At least forty-eight (48) hours before the meeting, the auditor, president, or members calling the meeting shall give written notice of the meeting to each member of the fiscal body county council and publish, at least one (1) day before the meeting, the notice in accordance with IC 5-3-1-4. This subsection does not apply to a

meeting called to deal with an emergency under IC 5-14-1.5-5.
    (d) If a court orders the county auditor to make an expenditure of county money for a purpose for which an appropriation has not been made, the auditor shall immediately call an emergency meeting of the fiscal body county council to discuss the matter. Notwithstanding subsection (c), the meeting must be held within three (3) working days of the receipt of the order by the auditor, and notice of the meeting day, time, and places place is sufficient if:
        (1) given by telephone to the members of the fiscal body; county council; and
        (2) given according to IC 5-14-1.5.

SOURCE: IC 36-2-3-8; (09)IN0550.1.205. -->     SECTION 205. IC 36-2-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. A member of the fiscal body county council who purchases a bond, order, claim, or demand against the county for less than its face value shall forfeit it to the county and may not enforce it by legal action.
SOURCE: IC 36-2-3-9; (09)IN0550.1.206. -->     SECTION 206. IC 36-2-3-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. The fiscal body county council may:
        (1) expel any member for violation of an official duty;
        (2) declare the seat of any member vacant if he the member is unable or fails to perform the duties of his the office; and
        (3) adopt its own rules to govern proceedings under this section, but a two-thirds (2/3) vote is required to expel a member or vacate his the member's seat.
SOURCE: IC 36-2-3-10; (09)IN0550.1.207. -->     SECTION 207. IC 36-2-3-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. (a) The fiscal body county council may employ and fix the compensation of an attorney to represent and advise the fiscal body. county council.
    (b) For the purposes of Section 9, Article 2 of the Constitution of the State of Indiana, employment by a county fiscal body council as an attorney does not constitute a lucrative office.
SOURCE: IC 36-2-3.5-7; (09)IN0550.1.208. -->     SECTION 208. IC 36-2-3.5-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. This chapter expires December 31, 2012.
SOURCE: IC 36-2-3.7; (09)IN0550.1.209. -->     SECTION 209. IC 36-2-3.7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 3.7. County Council as the County Legislative Body
    Sec. 1. This chapter applies after December 31, 2012, to each county:
        (1)
that does not have a consolidated city; and
        (2) in which the county commissioners make a determination under IC 36-2-2.4 that the county executive is one (1) elected chief executive officer.
    Sec. 2. As used in this chapter, "chief executive officer" means the chief executive officer of a county elected under IC 3-10-2-13 in a county subject to IC 36-2-2.5.

     Sec. 3. The executive and legislative powers of a county are divided between separate branches of county government. A power belonging to one (1) branch of county government may not be exercised by the other branch of county government.
    Sec. 4. (a) The county council elected under IC 36-2-3 is the county legislative body as well as the county fiscal body.
    (b) The chief executive officer is the county executive of the county. The chief executive officer of the county has the executive and administrative powers and duties of the county as provided in IC 36-2-2.5.
    Sec. 5. (a) All powers and duties of the county that are legislative in nature shall be exercised or performed by the county council functioning as the county legislative body.

     (b) The county council has the same legislative powers and duties that the county board of commissioners in the county had before the county board of commissioners was abolished.
     Sec. 6. The county council may do any of the following:
        (1) Establish committees that are necessary to carry out the county council's functions.
        (2) Employ legal and administrative personnel necessary to carry out the county council's functions.
        (3) Pass all ordinances, orders, resolutions, and motions for the government of the county, in the manner prescribed by IC 36-2-4.
        (4) Receive gifts, bequests, and grants from public or private sources.
        (5) Conduct investigations into the conduct of county business for the purpose of correcting deficiencies and ensuring adherence to law and county ordinances and policies.
        (6) Establish, by ordinance, new county departments, divisions, or agencies whenever necessary to promote efficient county government.

SOURCE: IC 36-2-3.8; (09)IN0550.1.210. -->     SECTION 210. IC 36-2-3.8 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 3.8. County Council as the County Executive, County Legislative Body, and County Fiscal Body
    Sec. 1. Except as specifically provided, this chapter applies after December 31, 2012, to each county:
        (1)
that does not have a consolidated city; and
        (2) in which the county commissioners make a determination under IC 36-2-2.4 that the county council is the county executive, the county legislative body, and the county fiscal body.

     Sec. 2. In a county subject to this chapter, the county council:
        (1) is the county executive, the county legislative body, and the county fiscal body;
        (2) shall exercise the executive, legislative, and fiscal powers of the county;
        (3) has the same executive and administrative powers and duties as are specified for a chief executive officer in a county subject to IC 36-2-2.5;
        (4) has the same legislative powers and duties as are specified for a county council in a county subject to IC 36-2-3.7; and
        (5) has the same fiscal powers and duties as are specified for a county council under IC 36-2-3.

    Sec. 3. (a) In a county subject to this chapter:
        (1) the voters of the county:
            (A) shall elect five (5) county council members under this chapter; and
            (B) shall not elect a board of county commissioners, a seven (7) member county council or nine (9) member county council under IC 36-2-3, or a chief executive officer;
        (2) three (3) of the county council members shall be elected from districts and two (2) of the county council members shall be elected at large;
        (3) the board of county commissioners for the county is abolished at the end of December 31, 2012;
        (4) notwithstanding IC 36-2-2, the term of each county commissioner elected in 2010 is two (2) years rather than four (4) years;
        (5) notwithstanding IC 36-2-2, the term of each county commissioner serving on December 31, 2012, expires at the end of that day;
        (6) notwithstanding IC 36-2-3, the term of each county council member elected in 2010 is two (2) years rather than four (4)

years; and
        (7) notwithstanding IC 36-2-3, the term of each county council member serving on December 31, 2012, expires at the end of that day.
    (b) In a county in which the county commissioners make a determination under IC 36-2-2.4 that the county council is the county executive, the county legislative body, and the county fiscal body, the county commissioners (or in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000), the county redistricting commission established under IC 36-2-2-4 (before January 1, 2013) or IC 36-2-3-4(g) (after December 31, 2012)) shall divide the county into three (3) districts. The districts must:
        (1) be compact, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes);
        (2) contain, as nearly as is possible, equal population; and
        (3) not cross precinct lines.

     (c) Except as provided in subsection (d), the term of office of a county council member elected under this chapter is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.
    (d) To provide for staggered terms, the term of office of the initial two (2) at-large members of the county council elected under this chapter in 2012 shall be two (2) years rather than four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. For at-large county council members elected under this chapter in 2014 and thereafter, the term of office is four (4) years.

SOURCE: IC 36-2-4-6; (09)IN0550.1.211. -->     SECTION 211. IC 36-2-4-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. This section does not apply after December 31, 2012, to a county chief executive officer. If only two (2) members of a county executive are present at a meeting of the executive, and they disagree on a question that is before the executive, the question shall be continued until the next meeting.
SOURCE: IC 36-2-4-8; (09)IN0550.1.212. -->     SECTION 212. IC 36-2-4-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) An ordinance, order, or resolution is considered adopted when it is signed by the presiding officer. If required, an adopted ordinance, order, or resolution must be promulgated or published according to statute before it takes effect.
    (b) An ordinance prescribing a penalty or forfeiture for a violation

must, before it takes effect, be published once each week for two (2) consecutive weeks, according to IC 5-3-1. However, if such an ordinance is adopted by the legislative body of a county subject to IC 36-2-3.5 (before January 1, 2013), IC 36-2-3.7 (after December 31, 2012), or IC 36-2-3.8 (after December 31, 2012) and there is an urgent necessity requiring its immediate effectiveness, it need not be published if:
        (1) the county executive proclaims the urgent necessity; and
        (2) copies of the ordinance are posted in three (3) public places in each of the districts of the county before it takes effect.
    (c) This subsection does not apply to an ordinance or resolution passed by the legislative body of a county subject to IC 36-2-3.8 (after December 31, 2012). In addition to the other requirements of this section, an ordinance or resolution passed by the legislative body of a county subject to IC 36-2-3.5 (before January 1, 2013) or IC 36-2-3.7 (after December 31, 2012) is considered adopted only if it is:
        (1) approved by signature of a majority of the county executive (before January 1, 2013) or by signature of the county chief executive (after December 31, 2012);
        (2) neither approved nor vetoed by a majority of the executive within ten (10) days after passage by the legislative body; or
        (3) passed over the veto of the executive by a two-thirds (2/3) vote of the legislative body, within sixty (60) days after presentation of the ordinance or resolution to the executive.
    (d) This subsection does not apply to an ordinance or resolution passed by the legislative body of a county subject to IC 36-2-3.8 (after December 31, 2012). After an ordinance or resolution passed by the legislative body of a county subject to IC 36-2-3.5 (before January 1, 2013) or IC 36-2-3.7 (after December 31, 2012) has been signed by the presiding officer, the county auditor shall present it to the county executive, and record the time of the presentation. Within ten (10) days after an ordinance or resolution is presented to it, the executive shall:
        (1) approve the ordinance or resolution, by signature of a majority of the executive, and send the legislative body a message announcing its approval; or
        (2) veto the ordinance or resolution, by returning it to the legislative body with a message announcing its veto and stating its reasons for the veto.
    (e) This section does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.


    (f) An ordinance increasing a building permit fee on new development must:
        (1) be published:
            (A) one (1) time in accordance with IC 5-3-1; and
            (B) not later than thirty (30) days after the ordinance is adopted by the legislative body in accordance with IC 5-3-1; and
        (2) delay the implementation of the fee increase for ninety (90) days after the date the ordinance is published under subdivision (1).
SOURCE: IC 36-2-5-13; (09)IN0550.1.213. -->     SECTION 213. IC 36-2-5-13, AS AMENDED BY P.L.240-2005, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. (a) Except as provided in subsection (b), the compensation of an elected county officer may not be changed in the year for which it is fixed. The compensation of other county officers, deputies, and employees or the number of each may be changed at any time on:
        (1) the application of the county fiscal body or the affected officer, department, commission, or agency; and
        (2) a majority vote of the county fiscal body.
    (b) This subsection does not apply after December 31, 2012, to the compensation of a member of a county council elected under IC 36-2-3.8 that is the county executive, county legislative body, and county fiscal body. In the year in which a newly elected county officer takes office, the county fiscal body may at any time change the compensation for holding the county office for that year if:
        (1) the county officer requests the compensation change or, in the case of the county executive body, a majority of the county executive body requests the change; and
        (2) the county fiscal body votes to approve the change.
SOURCE: IC 36-2-6-3; (09)IN0550.1.214. -->     SECTION 214. IC 36-2-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) This section does not apply to claims for salaries fixed in a definite amount by ordinance or statute, per diem of jurors, and salaries of officers of a court.
    (b) The county auditor shall publish all claims that have been filed for the consideration of the county executive and shall publish all allowances made by courts of the county. Claims filed for the consideration of the executive shall be published at least three (3) days before each session of the executive (before January 1, 2013), or at least three (3) days before approval by the executive (after December 31, 2012), and court allowances shall be published at least three (3) days before the issuance of warrants in payment of those

allowances. In publication of itemized statements filed by assistant highway supervisors for consideration of the executive, the auditor shall publish the name of each party and the total amount due each party named in the itemized statements. Notice of claims filed for consideration of the county executive must state their amounts and to whom they are made. Claims and allowances subject to this section shall be published as prescribed by IC 5-3-1, except that only one (1) publication in two (2) newspapers is required.
    (c) A member of the county executive (before January 1, 2013) or a county executive (after December 31, 2012) who considers or allows a claim, or a county auditor who issues warrants in payment of allowances made by the county executive or a court of the county, before compliance with subsection (b), commits a Class C infraction.
    (d) A county auditor shall publish one (1) time in accordance with IC 5-3-1 a notice of all allowances made by a circuit or superior court. The notice must be published within sixty (60) days after the allowances are made and must state their amount, to whom they are made, and for what purpose they are made.

SOURCE: IC 36-2-6-20; (09)IN0550.1.215. -->     SECTION 215. IC 36-2-6-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 20. (a) Whenever any county bonds, notes, or warrants are to be issued, the county auditor must:
        (1) supervise the preparation and engraving or printing of the bonds, with the advice of an attorney representing the county; and
        (2) deliver the bonds to the county treasurer, who shall be charged with them.
    (b) Each county bond, note, or warrant must contain a reference to the ordinance authorizing it, including the date of adoption of that ordinance.
    (c) All bonds, notes, or warrants of the county must be executed by the board of commissioners of the county (before January 1, 2013) or county executive (after December 31, 2012) and attested by the county auditor. Money received for the bonds, notes, or warrants shall be paid to the county treasurer, who shall then deliver the bonds, notes, or warrants to the persons entitled to receive them.
    (d) Tax anticipation warrants are payable at the office of the county treasurer or at one (1) of the authorized depositories of the county, as checks or other warrants of the county are payable, upon presentation on or after their maturity date. All interest on tax anticipation warrants ceases upon their maturity.
SOURCE: IC 36-2-9-2; (09)IN0550.1.216. -->     SECTION 216. IC 36-2-9-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The county

auditor must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The auditor forfeits office if the auditor ceases to be a resident of the county. If required by IC 36-2-1.5, the auditor shall be appointed to the office by the county executive and shall not be elected.
    (b) The term of office of the county auditor under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected (or, if required by IC 36-2-1.5, appointed by the county executive) and qualified.
    (c) The county auditor is the fiscal officer of the county.

SOURCE: IC 36-2-9-7; (09)IN0550.1.217. -->     SECTION 217. IC 36-2-9-7, AS AMENDED BY P.L.227-2005, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. (a) The auditor shall perform the duties of clerk of the county executive under IC 36-2-2-11 (before its expiration on December 31, 2012).
    (b) If the auditor cannot perform the duties of clerk during a meeting of the county executive, and the auditor does not have a deputy or the auditor's deputy cannot attend the meeting, the executive may deputize a person to perform those duties during the meeting.
SOURCE: IC 36-2-10-2; (09)IN0550.1.218. -->     SECTION 218. IC 36-2-10-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The county treasurer must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The treasurer forfeits office if the treasurer ceases to be a resident of the county. If required by IC 36-2-1.5, the treasurer shall be appointed to the office by the county executive and shall not be elected.
    (b) The term of office of the county treasurer under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected (or, if required by IC 36-2-1.5, appointed by the county executive) and qualified.
SOURCE: IC 36-2-10-17; (09)IN0550.1.219. -->     SECTION 219. IC 36-2-10-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 17. The treasurer shall make an annual settlement with the county executive under IC 36-2-2-18 (before January 1, 2013) or IC 36-2-2.5-5 (after December 31, 2012).
SOURCE: IC 36-2-11-2; (09)IN0550.1.220. -->     SECTION 220. IC 36-2-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The county recorder must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The recorder forfeits office if the recorder ceases to be a resident of the county. If required by IC 36-2-1.5, the recorder shall be appointed to the office by the county executive and shall not be elected.
    (b) The term of office of the county recorder under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected (or, if required by IC 36-2-1.5, appointed by the county executive) and qualified.
SOURCE: IC 36-2-12-2; (09)IN0550.1.221. -->     SECTION 221. IC 36-2-12-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The county surveyor must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The surveyor forfeits office if the surveyor ceases to be a resident of the county. If required by IC 36-2-1.5, the surveyor shall be appointed to the office by the county executive and shall not be elected.
    (b) The term of office of the county surveyor under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected (or, if required by IC 36-2-1.5, appointed by the county executive) and qualified.
SOURCE: IC 36-2-13-3; (09)IN0550.1.222. -->     SECTION 222. IC 36-2-13-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. The sheriff shall attend meetings of the county executive when required under IC 36-2-2-15(d) (before January 1, 2013) or IC 36-2-2.5-19 (after December 31, 2012).
SOURCE: IC 36-2-14-2; (09)IN0550.1.223. -->     SECTION 223. IC 36-2-14-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) A county coroner must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The coroner forfeits office if the coroner ceases to be a resident of the county. If required by IC 36-2-1.5, the coroner shall be appointed to the office by the county executive and shall not be elected.
    (b) The term of office of the county coroner under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected (or, if required by IC 36-2-1.5, appointed by the county executive) and qualified.
SOURCE: IC 36-2-15-2; (09)IN0550.1.224. -->     SECTION 224. IC 36-2-15-2, AS AMENDED BY P.L.88-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) Except as provided in subsection (e), a county assessor shall be elected under IC 3-10-2-13 by the voters of the county.
    (b) To be eligible to serve as an assessor, a person must meet the qualifications prescribed by IC 3-8-1-23.
    (c) A county assessor must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The assessor forfeits office if the assessor ceases to be a resident of the county.
    (d) The term of office of a county assessor is four (4) years, beginning January 1 after election and continuing until a successor is elected (or, subject to subsection (e), appointed by the county executive) and qualified.
     (e) This section applies only in a county not having a consolidated city. A county assessor shall not be elected at the 2010 election or thereafter. A county assessor holding office on July 1, 2009, may remain in office until the end of that official's term of office. On the earlier of:
        (1) the end of the county assessor's term of office; or
        (2) a date after June 30, 2009, that the office of county assessor becomes vacant;
the county executive shall appoint an individual to serve as county assessor.
An individual appointed as county assessor under this subsection before January 1, 2013, must have attained the certification of a level two assessor-appraiser under IC 6-1.1-35.5. An individual appointed as county assessor under this subsection after December 31, 2012, must have attained the certification of a level three assessor-appraiser under IC 6-1.1-35.5.
SOURCE: IC 36-3-3-10; (09)IN0550.1.225. -->     SECTION 225. IC 36-3-3-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. (a) The board of commissioners of the county is composed of the county treasurer, the county auditor, and the county assessor. These officers shall serve ex officio as commissioners without additional compensation for performing the duties of the board.
    (b) The board of commissioners:
        (1) shall make the appointments required by statute to be made by the board of commissioners of a county;
        (2) shall perform the duties and exercise the powers prescribed by statutes pertaining to the issuance and payment of bonds of the county and the expenditure of the unexpended proceeds of those bonds; and
        (3) may exercise the powers granted it by Article 9, Section 3 of the Constitution of the State of Indiana and by IC 12-30-3.
     (c) Notwithstanding any other provision, an act enacted by the general assembly during the first regular session of the one hundred sixteenth general assembly to provide for:
        (1) a single elected county chief executive officer after December 31, 2012; or
        (2) a county council elected under IC 36-2-3.8 that is the county executive, county legislative body, and county fiscal body;
in every county not containing a consolidated city does not (except as specifically provided) affect the rights, powers, and duties of the board of commissioners in a county containing a consolidated city.

SOURCE: IC 36-5-1-20; (09)IN0550.1.226. -->     SECTION 226. IC 36-5-1-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 20. (a) This section does not apply to a town described by IC 36-5-1-11.5.
    (b) A town subject to this chapter may be dissolved if the county election board of the county in which the greatest percentage of population of the town is located conducts a public hearing and finds that the town has not elected town officers or had a functioning town government during the preceding ten (10) years.
    (c) The county election board shall certify the board's findings to the county executive, who may adopt an ordinance or (in a county subject to IC 36-2-3.5 before January 1, 2013, or in a county subject to IC 36-2-2.5 or IC 36-2-3.8 after December 31, 2012) issue an order to dissolve the town.
SOURCE: IC 36-5-1.1-12; (09)IN0550.1.227. -->     SECTION 227. IC 36-5-1.1-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. (a) This section does not apply to a town described by IC 36-5-1-11.5.
    (b) A town subject to this chapter may be dissolved if the county election board of the county in which the greatest percentage of population of the town is located conducts a public hearing and finds that the town has not elected town officers or had a functioning town government during the preceding ten (10) years.
    (c) The county election board shall certify the board's findings to the county executive, who may adopt an ordinance or (in a county having a consolidated city, or a county subject to IC 36-2-3.5 before January 1, 2013, or in a county subject to IC 36-2-2.5 or IC 36-2-3.8 after December 31, 2012) issue an order to dissolve the town.
SOURCE: IC 36-7-12-10; (09)IN0550.1.228. -->     SECTION 228. IC 36-7-12-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. (a) If a fiscal body fails to make a nomination within the time specified by section 9 of this chapter, the executive may select and appoint a person without a nomination. However, in a county that has a county council elected under IC 36-2-3.8 that is the county executive, county legislative body, and county fiscal body, if the county fiscal body fails to make a nomination within the time specified by section 9 of this chapter, the judge of the circuit court may select and appoint a person without a nomination.
    (b) If a person appointed as an economic development commissioner fails to take the oath of office required by section 11 of this chapter within ten (10) days after the notice of his the person's

appointment is mailed to him, the person, or if any commissioner, after qualifying, dies, resigns, vacates his the commissioner's office, or is removed from office, a new commissioner shall be appointed to fill the vacancy in the same manner as the commissioner in respect to whom the vacancy occurs was appointed. A commissioner appointed under this subsection shall serve for the remainder of the vacated term.

SOURCE: IC 36-8-15-2; (09)IN0550.1.229. -->     SECTION 229. IC 36-8-15-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. As used in this chapter, "board" means the following:
        (1) In a county having a consolidated city, a board established by and operated as set forth in an ordinance of the city-county legislative body.
        (2) In a county not having a consolidated city, the board of commissioners (before January 1, 2013) or county council (after December 31, 2012).
SOURCE: IC 36-9-3-5; (09)IN0550.1.230. -->     SECTION 230. IC 36-9-3-5, AS AMENDED BY P.L.70-2007, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) An authority is under the control of a board (referred to as "the board" in this chapter) that, except as provided in subsections (b) and (c), consists of:
        (1) two (2) members appointed by the executive of each county in the authority;
        (2) one (1) member appointed by the executive of the largest municipality in each county in the authority;
        (3) one (1) member appointed by the executive of each second class city in a county in the authority; and
        (4) one (1) member from any other political subdivision that has public transportation responsibilities in a county in the authority.
    (b) An authority that includes a consolidated city is under the control of a board consisting of the following:
        (1) Two (2) members appointed by the executive of the county having the consolidated city.
        (2) One (1) member appointed by the board of commissioners of the county having the consolidated city.
        (3) One (1) member appointed by the executive of each other county in the authority.
        (4) Two (2) members appointed by the governor from a list of at least five (5) names provided by the Indianapolis regional transportation council.
        (5) One (1) member representing the four (4) largest municipalities in the authority located in a county other than a county containing a consolidated city. The member shall be

appointed by the executives of the municipalities acting jointly.
        (6) One (1) member representing the excluded cities located in a county containing a consolidated city that are members of the authority. The member shall be appointed by the executives of the excluded cities acting jointly.
        (7) One (1) member of a labor organization representing employees of the authority who provide public transportation services within the geographic jurisdiction of the authority. The labor organization shall appoint the member.
    (c) An authority that includes a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) is under the control of a board consisting of the following twenty-one (21) members:
        (1) Three (3) members appointed by the executive of a city with a population of more than ninety thousand (90,000) but less than one hundred five thousand (105,000).
        (2) Two (2) members appointed by the executive of a city with a population of more than seventy-five thousand (75,000) but less than ninety thousand (90,000).
        (3) One (1) member jointly appointed by the executives of the following municipalities located within a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000):
            (A) A city with a population of more than five thousand one hundred thirty-five (5,135) but less than five thousand two hundred (5,200).
            (B) A city with a population of more than thirty-two thousand (32,000) but less than thirty-two thousand eight hundred (32,800).
        (4) One (1) member who is jointly appointed by the fiscal body of the following municipalities located within a county with a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000):
            (A) A town with a population of more than fifteen thousand (15,000) but less than twenty thousand (20,000).
            (B) A town with a population of more than twenty-three thousand (23,000) but less than twenty-four thousand (24,000).
            (C) A town with a population of more than twenty thousand (20,000) but less than twenty-three thousand (23,000).
        (5) One (1) member who is jointly appointed by the fiscal body of the following municipalities located within a county with a

population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000):
            (A) A town with a population of more than eight thousand (8,000) but less than nine thousand (9,000).
            (B) A town with a population of more than twenty-four thousand (24,000) but less than thirty thousand (30,000).
            (C) A town with a population of more than twelve thousand five hundred (12,500) but less than fifteen thousand (15,000).
        (6) One (1) member who is jointly appointed by the following authorities of municipalities located in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000):
            (A) The executive of a city with a population of more than nineteen thousand eight hundred (19,800) but less than twenty-one thousand (21,000).
            (B) The fiscal body of a town with a population of more than nine thousand (9,000) but less than twelve thousand five hundred (12,500).
            (C) The fiscal body of a town with a population of more than five thousand (5,000) but less than eight thousand (8,000).
            (D) The fiscal body of a town with a population of less than one thousand five hundred (1,500).
            (E) The fiscal body of a town with a population of more than two thousand two hundred (2,200) but less than five thousand (5,000).
        (7) One (1) member appointed by the fiscal body of a town with a population of more than thirty thousand (30,000) located within a county with a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
        (8) One (1) member who is jointly appointed by the following authorities of municipalities that are located within a county with a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000):
            (A) The executive of a city having a population of more than twenty-five thousand (25,000) but less than twenty-seven thousand (27,000).
            (B) The executive of a city having a population of more than thirteen thousand nine hundred (13,900) but less than fourteen thousand two hundred (14,200).
            (C) The fiscal body of a town having a population of more than one thousand five hundred (1,500) but less than two thousand two hundred (2,200).


        (9) Three (3) members appointed by the fiscal body of a county with a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
        (10) One (1) member appointed by the county executive of a county with a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
        (11) One (1) member of a labor organization representing employees of the authority who provide public transportation services within the geographic jurisdiction of the authority. The labor organization shall appoint the member. If more than one (1) labor organization represents the employees of the authority, each organization shall submit one (1) name to the governor, and the governor shall appoint the member from the list of names submitted by the organizations.
        (12) The executive of a city with a population of more than twenty-seven thousand four hundred (27,400) but less than twenty-eight thousand (28,000), located within a county with a population of more than one hundred forty-five thousand (145,000) but less than one hundred forty-eight thousand (148,000), or the executive's designee.
        (13) The executive of a city with a population of more than thirty-three thousand (33,000) but less than thirty-six thousand (36,000), located within a county with a population of more than one hundred forty-five thousand (145,000) but less than one hundred forty-eight thousand (148,000), or the executive's designee.
        (14) One (1) member of the board of commissioners of a county with a population of more than one hundred forty-five thousand (145,000) but less than one hundred forty-eight thousand (148,000), appointed by the board of commissioners, or the member's designee (before January 1, 2013) or (after December 31, 2012):
            (A) the county chief executive officer or the county chief executive officer's designee; or
            (B) in the case of a county that has a county council elected under IC 36-2-3.8 that is the county executive, county legislative body, and county fiscal body, one (1) member of the county council or the member's designee.

        (15) One (1) member appointed jointly by the township executive of the township containing the following towns:
            (A) Chesterton.
            (B) Porter.
            (C) Burns Harbor.
            (D) Dune Acres.
        The member appointed under this subdivision must be a resident of a town listed in this subdivision.
        (16) One (1) member appointed jointly by the township executives of the following townships located in Porter County:
            (A) Washington Township.
            (B) Morgan Township.
            (C) Pleasant Township.
            (D) Boone Township.
            (E) Union Township.
            (F) Porter Township.
            (G) Jackson Township.
            (H) Liberty Township.
            (I) Pine Township.
        The member appointed under this subdivision must be a resident of a township listed in this subdivision.
If a county or city becomes a member of the authority under section 3.5 of this chapter, the executive of the county or city shall appoint one (1) member to serve on the board.
SOURCE: IC 36-9-13-2; (09)IN0550.1.231. -->     SECTION 231. IC 36-9-13-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. For purposes of this chapter, the following are considered the governing bodies of their respective eligible entities:
        (1) Board of commissioners, for a county not subject to IC 36-2-3.5 (before January 1, 2013) or IC 36-3-1.
        (2) County council, for a county subject to IC 36-2-3.5 (before January 1, 2013) or (after December 31, 2012) IC 36-2-3.7 or IC 36-2-3.8.
        (3) City-county council, for a consolidated city or county having a consolidated city.
        (4) Common council, for a city other than a consolidated city.
        (5) Town council, for a town.
        (6) Trustee and township board, for a civil or school township.
        (7) Board of school trustees, board of school commissioners, or school board, for a school corporation.
        (8) Board of trustees, for a health and hospital corporation.
SOURCE: IC 36-9-27.4-2; (09)IN0550.1.232. -->     SECTION 232. IC 36-9-27.4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. As used in this chapter, "drainage board" means the following:
        (1) Except as provided in subdivision (2):
            (A) the county board of commissioners (before January 1,

2013) or county executive (after December 31, 2012), as provided in IC 36-9-27-5(a)(1); or
            (B) the drainage board appointed by the board of commissioners (before January 1, 2013) or county executive (after December 31, 2012) under IC 36-9-27-5(a)(2).
        (2) In a county having a consolidated city, the board of public works of the consolidated city, as provided in IC 36-9-27-5(b).

SOURCE: IC 36-12-1-14; (09)IN0550.1.233. -->     SECTION 233. IC 36-12-1-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 14. For purposes of this article, after December 31, 2012, the county executive of a county that does not have a consolidated city has the powers, duties, and responsibilities of the board of county commissioners.
SOURCE: IC 36-12-2-16; (09)IN0550.1.234. -->     SECTION 234. IC 36-12-2-16, AS ADDED BY P.L.1-2005, SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) This section applies to the appointment of members to a library board of a public library serving a library district that is:
        (1) partly or fully within the boundaries of a consolidated city; and
        (2) fully within the boundaries of one (1) county.
    (b) Seven (7) members of a library board shall be appointed in the following order as the terms of previously appointed members expire:
        (1) One (1) member appointed by the board of county commissioners (before January 1, 2013) or executive (after December 31, 2012) of the county in which the library district is located.
        (2) One (1) member appointed by the fiscal body of the county in which the library district is located.
        (3) One (1) member appointed by the board of county commissioners (before January 1, 2013) or executive (after December 31, 2012) of the county in which the library district is located.
        (4) Two (2) members appointed by the school board of the school corporation in which the principal administrative offices of the public library are located.
        (5) One (1) member appointed by the board of county commissioners (before January 1, 2013) or executive (after December 31, 2012) of the county in which the library district is located.
        (6) One (1) member appointed by the fiscal body of the county in which the library district is located.
SOURCE: IC 36-12-5-12; (09)IN0550.1.235. -->     SECTION 235. IC 36-12-5-12, AS ADDED BY P.L.1-2005, SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. (a) If not more than two (2) townships or parts of not more than two (2) townships are added to a library taxing district, at least one (1) of the initial appointments made to the library board by the county commissioners (before January 1, 2013) or county executive (after December 31, 2012) or the county council must be from one (1) of the townships.
    (b) If more than two (2) townships or parts of more than two (2) townships are added to a library district, at least two (2) of the initial appointments made to the library board by the county commissioners (before January 1, 2013) or county executive (after December 31, 2012) or the county council must be from the townships that are added to the library district.
    (c) An appointment under this section may not be made before the expiration of a term in effect at the time the expansion is final.
SOURCE: IC 36-12-7-4; (09)IN0550.1.236. -->     SECTION 236. IC 36-12-7-4, AS ADDED BY P.L.1-2005, SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) The library board of any public library established as a 1901 city or town library consists of qualified and experienced individuals at least eighteen (18) years of age who have been residents of the municipality where the library is located for at least two (2) years immediately preceding the appointment of the individual. The members shall be appointed for two (2) year terms as follows:
        (1) The board of commissioners (before January 1, 2013) or executive (after December 31, 2012) of the county where the library is located shall appoint one (1) member.
        (2) The fiscal body of the county where the library is located shall appoint one (1) member.
        (3) The municipal executive shall appoint one (1) member.
        (4) The municipal legislative body shall appoint one (1) member.
        (5) The school board of the school corporation where the library is located shall appoint three (3) members, who may be members of the school board.
    (b) If a vacancy occurs on the library board for any cause, the appointing authority shall fill the vacancy. The appointing authority may at any time, for cause shown, remove a member of the library board and appoint a new member to fill the vacancy caused by the removal.
    (c) The library board members shall serve without compensation.
    (d) All appointments to membership on the library board must be

evidenced by certificates of appointment signed by the appointing authority. Certificates of appointment shall be:
        (1) handed to; or
        (2) mailed to the address of;
the appointee. Not later than ten (10) days after receiving the certificates of appointment, an appointee shall take an oath of office, before the clerk of the circuit court, that the appointee will faithfully discharge the appointee's duties as a member of the library board to the best of the appointee's ability. The appointee shall file the certificate, with the oath endorsed on it, with the clerk of the circuit court of the county in which the library is located.
    (e) Not later than five (5) days after all the members of the library board have been appointed and have taken the oath of office, the members shall meet and organize by electing one (1) member as president, one (1) member as vice president, and one (1) member as secretary. The members shall also select committees or an executive board to carry on the work of the board if the members determine that committees or an executive board is necessary.
    (f) The facilities of a public library established as a 1901 city or town library are open and free for the use and benefit of all of the residents of the library district.
    (g) The fiscal officer of the municipality operating a public library under this section shall prepare and file with the municipal legislative body, before January 16 each year, an itemized statement, under oath, of all the receipts and disbursements of the library board for the year ending December 31 immediately preceding the preparing and filing of the report. The report must contain an itemized statement of:
        (1) the sources of all receipts;
        (2) all disbursements made; and
        (3) the purpose for which each was made.
The annual report may be inspected by the citizens of the municipality and township in which the library is located.

SOURCE: IC 36-12-7-7; (09)IN0550.1.237. -->     SECTION 237. IC 36-12-7-7, AS ADDED BY P.L.1-2005, SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. (a) The library board of a library established as an 1899 township library consists of the school township trustee in the township where the library is located and two (2) residents of the township who are appointed by the board of commissioners (before January 1, 2013) or executive (after December 31, 2012) of the county where the library is located. Appointments are for a term of four (4) years. Members of the library board serve without compensation.
    (b) The library board:
        (1) shall control the purchase of books and the management of the library;
        (2) shall possess and retain custody of any books remaining in the old township library in the township where the library is located;
        (3) may receive donations, bequests, and legacies on behalf of the library; and
        (4) may receive copies of all documents of the state available for distribution from the director of the state library.
    (c) The 1899 township library is the property of the school township. The school township trustee is responsible for the safe preservation of the township library.
    (d) Two (2) or more adjacent townships may unite to maintain a township library. The library is controlled by either:
        (1) a combined library board, which consists of each of the uniting township boards appointed under subsection (a); or
        (2) the one (1) township library board appointed under subsection (a) of the uniting townships that receives funding for the operation of the uniting township library.
    (e) The legislative body of any township that contains a library established as an 1899 township library may levy a tax annually of not more than three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of taxable property assessed for taxation in the township. If the legislative body does not levy the tax, a petition signed by at least the number of registered voters required under IC 3-8-6-3 to place a candidate on the ballot may be filed with the circuit court clerk, who:
        (1) shall determine if an adequate number of voters have signed the petition; and
        (2) if an adequate number of voters have signed the petition, shall certify the public question to the county election board under IC 3-10-9-3. The county election board shall then cause to be printed on the ballot for the township the following question in the form prescribed by IC 3-10-9-4: "Shall a township library tax be levied?".
If a majority of the votes cast on the question in subdivision (2) are in the affirmative, the township trustee shall annually levy a tax of not less than one and sixty-seven hundredths cents ($0.0167) and not more than three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of taxable property in the township for the establishment and support of a township library. The township tax shall be levied, assessed, collected, and paid according to the procedure outlined in IC 6-1.1.
    (f) The tax levy under subsection (e) shall be discontinued when the question of discontinuing the levy has been submitted to a vote according to the procedure provided in subsection (e) and the majority of the votes cast on the question is in the negative.
    (g) If a public library that is open for the use of all the residents of the township is located in the township, the proceeds of the tax collected under subsection (e) shall be paid to that public library.
    (h) In a township outside a city that contains a library:
        (1) established by private donations of the value of at least ten thousand dollars ($10,000), including the real estate and buildings used for the library; and
        (2) used for the benefit of all the inhabitants of the township;
the township trustee of the township shall annually levy and collect not more than two cents ($0.02) on each one hundred dollars ($100) upon the taxable property within the limits of the township. The money shall be paid to the trustees of the library, to be applied by the trustees for the purchase of books and the payment of the maintenance costs for the library. When it becomes necessary to purchase additional ground for the extension or protection of library buildings already established by private donation, the trustee, with the consent of the county legislative body, may annually levy and collect not more than one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of taxable property of the township for not more than three (3) years successively, to be expended by the trustees for the purchase of property and the construction and enlargement of library buildings.
    (i) The 1899 township library is free to all the residents of the township.
SOURCE: ; (09)IN0550.1.238. -->     SECTION 238. [EFFECTIVE JULY 1, 2009] The purpose of this act is to provide for either:
        (1) a single elected county chief executive officer; or
        (2) a combined county executive, legislative, and fiscal body;
after December 31, 2012, in every county not containing a consolidated city, as determined under IC 36-2-2.4. Notwithstanding any other provision, this act does not (except as specifically provided) affect the rights, powers, and duties of the board of commissioners in a county containing a consolidated city.

SOURCE: ; (09)IN0550.1.239. -->     SECTION 239. [EFFECTIVE JULY 1, 2009] (a) The legislative services agency shall prepare, as directed by the legislative council, legislation for introduction in the 2010 regular session of the general assembly to organize and correct statutes affected by this act, if necessary.
    (b) This SECTION expires July 1, 2010.