HB 1376-1_ Filed 02/21/2011, 09:50

Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

10

                                                        NO:
3

MR. SPEAKER:

    Your Committee on       Government and Regulatory Reform     , to which was referred       House Bill 1376     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 3-5-2-22; (11)CR137602.1. -->     SECTION 1. IC 3-5-2-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 22. "Executive" means:
        (1) board of county commissioners, for a county not having a consolidated city;
        (2) mayor of the consolidated city, for a county having a consolidated city;
        (3) mayor, for a city;
        (4) president of the town council, for a town; or
        (5) trustee, the following, for a township:
            (A) Except as provided in clause (B), the trustee.
            (B) In a township located in a county having a consolidated city after township government in that township is abolished and township powers and duties are transferred under IC 36-6-1.1, the county executive.

SOURCE: IC 3-5-2-25; (11)CR137602.2. -->     SECTION 2. IC 3-5-2-25 IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2011]: Sec. 25. "Fiscal body" means:
        (1) county council, for a county not having a consolidated city;
        (2) city-county council, for a consolidated city or county having a consolidated city;
        (3) common council, for a second or third class city;
        (4) town council, for a town;
        (5) township board, for a township that is not located in a county having a consolidated city;
         (6) in the case of a township located in a county having a consolidated city:
            (A) before January 1, 2013, the township board; and
            (B) after December 31, 2012,
the county fiscal body; or
        (6) (7) governing body or budget approval body, for any other political subdivision.

SOURCE: IC 3-10-1-19; (11)CR137602.3. -->     SECTION 3. IC 3-10-1-19, AS AMENDED BY P.L.146-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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) County offices:
            (A) County auditor.
            (B) County recorder.
            (C) County treasurer.
            (D) County sheriff.
            (E) County coroner.
            (F) County surveyor.
            (G) County assessor.
            (H) County commissioner.
            (I) County council member.
        (5) Township offices:
            (A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
            (B) Township trustee. However, this clause does not apply to elections in a township located in a county having a consolidated city after township government in that township is abolished and township powers and duties are

transferred under IC 36-6-1.1.
            (C) Township board member. This clause does not apply to elections in 2012 and thereafter in a county having a consolidated city.
            (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; (11)CR137602.4. -->     SECTION 4. IC 3-10-2-13, AS AMENDED BY P.L.146-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. (a) The following public officials shall be elected at the general election before their terms of office expire and every four (4) years thereafter:
        (1) Clerk of the circuit court.
        (2) County auditor.
        (3) County recorder.
        (4) County treasurer.
        (5) County sheriff.
        (6) County coroner.
        (7) County surveyor.
        (8) County assessor.
        (9) County commissioner.
        (10) County council member.
        (11) Township trustee. However, this subdivision does not apply to elections in a township located in a county having a consolidated city after township government is abolished and township powers and duties are transferred under IC 36-6-1.1.
        (12) Township board member. This subdivision does not apply to elections in 2012 and thereafter in a county having a consolidated city.
        (13) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
        (14) Judge of a small claims court.
        (15) Constable of a small claims court.
     (b) Notwithstanding subsection (a) or any other law, the term of an individual serving as a township board member for a township located in a county having a consolidated city expires January 1, 2013.
     (c) Notwithstanding subsection (a) or any other law, the term of an individual serving as a township trustee in a township located

in a county having a consolidated city expires on the date that the township government of that township is abolished and township powers and duties are transferred under IC 36-6-1.1.

SOURCE: IC 3-11-2-12; (11)CR137602.5. -->     SECTION 5. IC 3-11-2-12, AS AMENDED BY P.L.146-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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) County offices:
            (A) County auditor.
            (B) County recorder.
            (C) County treasurer.
            (D) County sheriff.
            (E) County coroner.
            (F) County surveyor.
            (G) County assessor.
            (H) County commissioner.
            (I) County council member.
        (5) Township offices:
            (A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
            (B) Township trustee. However, this clause does not apply to elections in a township located in a county having a consolidated city after township government in that township is abolished and township powers and duties are transferred under IC 36-6-1.1.
            (C) Township board member. This clause does not apply to elections in 2012 and thereafter in a county having a consolidated city.
            (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 6-1.1-11-4; (11)CR137602.6. -->     SECTION 6. IC 6-1.1-11-4, AS AMENDED BY P.L.182-2009(ss), SECTION 107, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) The exemption application referred to in section 3 of this chapter is not required if the exempt property is owned by the United States, the state, an agency of this state, or a political subdivision (as defined in IC 36-1-2-13). However, this subsection applies only when the property is used, and in the case of real property occupied, by the owner.
    (b) The exemption application referred to in section 3 of this chapter is not required if the exempt property is a cemetery:
        (1) described by IC 6-1.1-2-7; or
        (2) maintained by:
             (A) a township executive; or
            (B) after the date township government is abolished and township powers and duties are transferred under IC 36-6-1.1, in the case of a township located in a county having a consolidated city, the appropriate county official;

        under IC 23-14-68.
    (c) The exemption application referred to in section 3 of this chapter is not required if the exempt property is owned by the bureau of motor vehicles commission established under IC 9-15-1.
    (d) The exemption application referred to in section 3 or 3.5 of this chapter is not required if:
        (1) the exempt property is:
            (A) tangible property used for religious purposes described in IC 6-1.1-10-21;
            (B) tangible property owned by a church or religious society used for educational purposes described in IC 6-1.1-10-16; or
            (C) other tangible property owned, occupied, and used by a person for educational, literary, scientific, religious, or charitable purposes described in IC 6-1.1-10-16;
        (2) the exemption application referred to in section 3 or 3.5 of this chapter was filed properly at least once for a religious use under IC 6-1.1-10-21 or an educational, literary, scientific, religious, or charitable use under IC 6-1.1-10-16; and
        (3) the property continues to meet the requirements for an exemption under IC 6-1.1-10-16 or IC 6-1.1-10-21.
A change in ownership of property does not terminate an exemption of the property if after the change in ownership the property continues to meet the requirements for an exemption under IC 6-1.1-10-16 or IC 6-1.1-10-21. However, if title to any of the real property subject to the exemption changes or any of the tangible property subject to the exemption is used for a nonexempt purpose after the date of the last properly filed exemption application, the person that obtained the exemption or the current owner of the property shall notify the county assessor for the county where the tangible property is located of the change in the year that the change occurs. The notice must be in the form prescribed by the department of local government finance. If the county assessor discovers that title to property granted an exemption described in IC 6-1.1-10-16 or IC 6-1.1-10-21 has changed, the county

assessor shall notify the persons entitled to a tax statement under IC 6-1.1-22-8.1 for the property of the change in title and indicate that the county auditor will suspend the exemption for the property until the persons provide the county assessor with an affidavit, signed under penalties of perjury, that identifies the new owners of the property and indicates that the property continues to meet the requirements for an exemption under IC 6-1.1-10-21 or IC 6-1.1-10-16. Upon receipt of the affidavit, the county assessor shall reinstate the exemption for the years for which the exemption was suspended and each year thereafter that the property continues to meet the requirements for an exemption under IC 6-1.1-10-21 or IC 6-1.1-10-16.

SOURCE: IC 6-1.1-17-2; (11)CR137602.7. -->     SECTION 7. IC 6-1.1-17-2, AS AMENDED BY P.L.1-2006, SECTION 135, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) When formulating an annual budget estimate, the proper officers of a political subdivision shall prepare an estimate of the amount of revenue which the political subdivision will receive from the state for and during the budget year for which the budget is being formulated. These estimated revenues shall be shown in the budget estimate and shall be taken into consideration in calculating the tax levy which is to be made for the ensuing calendar year. However, this section does not apply to funds to be received from the state or the federal government for:
        (1) township assistance;
        (2) unemployment relief;
        (3) old age pensions; or
        (4) other funds which may at any time be made available under "The Economic Security Act" or under any other federal act which provides for civil and public works projects.
    (b) When formulating an annual budget estimate, the proper officers of a political subdivision shall prepare an estimate of the amount of revenue that the political subdivision will receive under a development agreement (as defined in IC 36-1-8-9.5) for and during the budget year for which the budget is being formulated. Revenue received under a development agreement may not be used to reduce the political subdivision's maximum levy under IC 6-1.1-18.5 but may be used at the discretion of the political subdivision to reduce the property tax levy of the political subdivision for a particular year.
     (c) In the case of a county having a consolidated city, the county

fiscal body is after December 31, 2012, the fiscal body of each township in the county. In calendar year 2013 and each calendar year thereafter until township government is abolished under IC 36-6-1.1, the fiscal body of a county having a consolidated city shall adopt the budget for each township in the county for the ensuing calendar year.

SOURCE: IC 6-1.1-17-3; (11)CR137602.8. -->     SECTION 8. IC 6-1.1-17-3, AS AMENDED BY P.L.182-2009(ss), SECTION 114, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The proper officers of a political subdivision shall formulate its estimated budget and its proposed tax rate and tax levy on the form prescribed by the department of local government finance and approved by the state board of accounts. The political subdivision shall give notice by publication to taxpayers of:
        (1) the estimated budget;
        (2) the estimated maximum permissible levy;
        (3) the current and proposed tax levies of each fund; and
        (4) the amounts of excessive levy appeals to be requested.
In the notice, the political subdivision shall also state the time and place at which a public hearing will be held on these items. The notice shall be published twice in accordance with IC 5-3-1 with the first publication at least ten (10) days before the date fixed for the public hearing. Beginning in 2009, the duties required by this subsection must be completed before September 10 of the calendar year.
    (b) The board of directors of a solid waste management district established under IC 13-21 or IC 13-9.5-2 (before its repeal) may conduct the public hearing required under subsection (a):
        (1) in any county of the solid waste management district; and
        (2) in accordance with the annual notice of meetings published under IC 13-21-5-2.
    (c) Except as provided in subsection (d), the trustee of each township in the county shall estimate the amount necessary to meet the cost of township assistance in the township for the ensuing calendar year. The township board or (after December 31, 2012, in a county having a consolidated city) the county fiscal body shall adopt with the township budget a tax rate sufficient to meet the estimated cost of township assistance. The taxes collected as a result of the tax rate adopted under this subsection are credited to the township assistance

fund.
    (d) This subsection expires January 1, 2009. A county shall adopt with the county budget and the department of local government finance shall certify under section 16 of this chapter a tax rate sufficient to raise the levy necessary to pay the following:
        (1) The cost of child services (as defined in IC 12-19-7-1) of the county payable from the family and children's fund.
        (2) The cost of children's psychiatric residential treatment services (as defined in IC 12-19-7.5-1) of the county payable from the children's psychiatric residential treatment services fund.
A budget, tax rate, or tax levy adopted by a county fiscal body or approved or modified by a county board of tax adjustment that is less than the levy necessary to pay the costs described in subdivision (1) or (2) shall not be treated as a final budget, tax rate, or tax levy under section 11 of this chapter.
     (d) This subsection applies to a county having a consolidated city after all township governments in the county have been abolished under IC 36-6-1.1. The county executive shall each year estimate the amount necessary to meet the cost of township assistance in the county for the ensuing calendar year. The county fiscal body shall adopt with the county budget a tax rate uniform throughout the county sufficient to meet the estimated cost of township assistance. The taxes collected as a result of the tax rate adopted under this subsection shall be credited to the county's township assistance fund established under IC 12-20-1-7.

SOURCE: IC 6-1.1-18.5-22; (11)CR137602.9. -->     SECTION 9. IC 6-1.1-18.5-22 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 22. The ad valorem property tax levy limits imposed by this chapter do not apply to ad valorem property taxes imposed by a county to pay or fund any indebtedness assumed, defeased, paid, or refunded by a county having a consolidated city after township government is abolished and township powers and duties are transferred to the county under IC 36-6-1.1.
SOURCE: IC 6-1.1-18.5-23; (11)CR137602.10. -->     SECTION 10. IC 6-1.1-18.5-23 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 23. (a) The ad valorem property tax levy limits imposed by this chapter do not apply to ad valorem

property taxes imposed by a consolidated city to pay or fund any indebtedness assumed, defeased, paid, or refunded under IC.36-3-1-6.1 or IC 36-3-1-6.4.
    (b) For purposes of this section:
        (1) "consolidating entity" means:
            (A) a township;
            (B) a fire protection territory; or
            (C) an excluded city;
        whose fire department is consolidated into the fire department of a consolidated city under IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5; and
        (2) "maximum levy" means the maximum permissible ad valorem property tax levy under section 3 of this chapter.
    (c) The maximum levy of a consolidated city for property taxes first due and payable in 2014 shall be increased by an amount equal to the combined property tax levies of each consolidating entity for property taxes first due and payable in 2013 for fire protection and related services.
    (d) Subject to subsections (e) and (f), for not more than three (3) years after a consolidation under IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5, the consolidated city may levy a tax above the maximum permissible ad valorem property tax levy for the fire special service district in each township and (if an excluded city consolidates its fire department under IC 36-3-1-6.5) the excluded city that is necessary to phase out that consolidating entity's borrowing for fire and emergency services.
    (e) The property tax rate imposed in 2014, 2015, and 2016 for fire protection within a township that consolidates its fire department under IC 36-1-3-6.4 or an excluded city that consolidates its fire department under IC 36-1-3-6.5 may not increase by more than five percent (5%) annually, as compared with the preceding year.
    (f) After 2016, the total property tax rate imposed for fire protection by the consolidated city and the fire special service district in the area served by the consolidated fire department must be a uniform rate throughout that area.
Property tax revenue raised from the uniform property tax rate imposed for fire protection may be used only for fire protection purposes.


     (g) To the extent that a property tax rate that would otherwise be imposed after 2016 for fire protection within a township that consolidates its fire department under IC 36-1-3-6.4 or an excluded city that consolidates its fire department under IC 36-1-3-6.5 is greater than the uniform rate imposed under subsection (f), the property tax that is greater than the uniform rate must be decreased to a rate that is not greater than the uniform rate.
SOURCE: IC 6-3.5-6-18.5; (11)CR137602.11. -->     SECTION 11. IC 6-3.5-6-18.5, AS AMENDED BY P.L.146-2008, SECTION 339, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 18.5. (a) This section applies to a county containing a consolidated city.
    (b) Notwithstanding section 18(e) of this chapter, the distributive shares that each civil taxing unit in a county containing a consolidated city is entitled to receive during a month equals the following:
        (1) For the calendar year beginning January 1, 1995, calculate the total amount of revenues that are to be distributed as distributive shares during that month multiplied by the following factor: The distribution ratio for 2015 and thereafter is the following:
    Center Township    .0251
    Decatur Township    .00217
    Franklin Township    .0023
    Lawrence Township    .01177
    Perry Township    .01130
    Pike Township    .01865
    Warren Township    .01359
    Washington Township    .01346
    Wayne Township    .01307
    Lawrence-City    .00858
    Beech Grove    .00845
    Southport    .00025
    Speedway    .00722
    Indianapolis/Marion County    .86409 .97550
        (2) Notwithstanding subdivision (1), for the calendar year beginning January 1, 1995, the distributive shares for each civil taxing unit in a county containing a consolidated city shall be not less than the following:
    Center Township    $1,898,145
    Decatur Township    $164,103
    Franklin Township    $173,934
    Lawrence Township    $890,086
    Perry Township    $854,544
    Pike Township    $1,410,375
    Warren Township    $1,027,721
    Washington Township    $1,017,890
    Wayne Township    $988,397
    Lawrence-City    $648,848
    Beech Grove    $639,017
    Southport    $18,906
    Speedway    $546,000
        (3) For each year after 1995, 2014, calculate the total amount of revenues that are to be distributed as distributive shares during that month as follows:
            STEP ONE: Determine the total amount of revenues that were distributed as distributive shares during that month in calendar year 1995.
            STEP TWO: Determine the total amount of revenue that the department has certified as distributive shares for that month under section 17 of this chapter for the calendar year.
            STEP THREE: Subtract the STEP ONE result from the STEP TWO result.
            STEP FOUR: If the STEP THREE result is less than or equal to zero (0), multiply the STEP TWO result by the distribution ratio established under subdivision (1).
            STEP FIVE: Determine the ratio of:
                (A) the maximum permissible property tax levy under IC 6-1.1-18.5 for each civil taxing unit for the calendar year in which the month falls, plus, for a county, the welfare allocation amount; divided by
                (B) the sum of the maximum permissible property tax levies under IC 6-1.1-18.5 for all civil taxing units of the county during the calendar year in which the month falls, and an amount equal to the welfare allocation amount.
            STEP SIX: If the STEP THREE result is greater than zero (0), the STEP ONE amount shall be distributed by multiplying the STEP ONE amount by the distribution ratio established under subdivision (1).
            STEP SEVEN: For each taxing unit, determine the STEP FIVE ratio multiplied by the STEP TWO amount.
            STEP EIGHT: For each civil taxing unit, determine the difference between the STEP SEVEN amount minus the product of the STEP ONE amount multiplied by the distribution ratio established under subdivision (1). The STEP THREE excess shall be distributed as provided in STEP NINE only to the civil taxing units that have a STEP EIGHT difference greater than or equal to zero (0).
            STEP NINE: For the civil taxing units qualifying for a distribution under STEP EIGHT, each civil taxing unit's share equals the STEP THREE excess multiplied by the ratio of:
                (A) the maximum permissible property tax levy under IC 6-1.1-18.5 for the qualifying civil taxing unit during the calendar year in which the month falls, plus, for a county, an amount equal to the welfare allocation amount; divided by
                (B) the sum of the maximum permissible property tax levies under IC 6-1.1-18.5 for all qualifying civil taxing units of the county during the calendar year in which the month falls, and an amount equal to the welfare allocation amount.
    (c) The welfare allocation amount is an amount equal to the sum of the property taxes imposed by the county in 1999 for the county's welfare fund and welfare administration fund and the property taxes imposed by the county in 2008 for the county's county medical assistance to wards fund, family and children's fund, children's psychiatric residential treatment services fund, county hospital care for the indigent fund, children with special health care needs county fund, plus, in the case of Marion County, thirty-five million dollars ($35,000,000).
SOURCE: IC 12-20-1-6; (11)CR137602.12. -->     SECTION 12. IC 12-20-1-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) This section applies only to a county having a consolidated city.
    (b) Except as provided in subsection (e), this section and IC 12-20-2 through IC 12-20-28 apply to a county having a consolidated city after township government is abolished and township powers and duties are transferred to the county under IC 36-6-1.1.
    (c) As used in this section, "coordinator" means the coordinator of social services appointed under this subsection. The county executive shall appoint a coordinator of social services to:
        (1) estimate the amount necessary to meet the cost of township assistance after township government has been abolished under IC 36-6-1.1; and
        (2) administer township assistance for the county under IC 12-20-1-6 and IC 12-30-4 after township government has been abolished under IC 36-6-1.1.
The coordinator is under the supervision of the executive and holds office at the pleasure of the executive. If the coordinator is absent from the coordinator's office due to illness, death, vacation, resignation, or removal, the president of the executive, if any, or a qualified person appointed by the executive shall act as coordinator until the coordinator returns to the coordinator's duties or the executive appoints a new coordinator.
    (d) The coordinator shall administer township assistance in each township for which township government has been abolished under IC 36-6-1.1. After all township governments in the county have been abolished under IC 36-6-1.1, the coordinator shall administer assistance on a countywide basis instead of a township basis.
    (e) The following apply to the administration of township assistance under this section in the county:
        (1) A suit or proceeding in favor of or against the coordinator concerning township assistance shall be conducted in favor of or against the county in the county's corporate name.
        (2) The coordinator is subject to the same privileges and immunities as are accorded to a township trustee under IC 12-20-3.
        (3) The coordinator shall propose uniform standards for the issuance of township assistance throughout the county and the processing of applications for township assistance that meet the requirements of IC 12-20-5.5. The standards shall be adopted by the county legislative body and filed with the county executive.
        (4) The coordinator has the same powers in the administration of township assistance for the county as a township trustee has in the administration of township

assistance for a township under IC 12-20-4, IC 12-20-5, IC 12-20-15, IC 12-20-16, IC 12-20-17, IC 12-20-18, and IC 12-20-19.
        (5) The same standards and requirements that:
            (A) apply to; or
            (B) may be imposed upon;
        recipients of and applicants for township assistance under IC 12-20-6, IC 12-20-7, IC 12-20-8, IC 12-20-9, IC 12-20-10, IC 12-20-11, IC 12-20-12, and IC 12-20-13 apply to or may be imposed upon recipients of and applicants for township assistance administered by the coordinator.
        (6) The coordinator may assert a claim against the estate of an individual who received township assistance from the county to the same extent as a township trustee may assert a claim under IC 12-20-27 against the estate of an individual who received township assistance from a township.
        (7) The coordinator is subject to the same reporting requirements with respect to township assistance administered on a countywide basis as a township trustee is subject to under IC 12-20-28 with respect to township assistance administered on a township basis.

         (8) State and local agencies shall provide the coordinator with the information provided to a township trustee under IC 12-20-7. The coordinator or an employee of the county is subject to the criminal penalty set forth in IC 12-20-7-6 for disclosure of information.
        (9) An applicant for township assistance and the coordinator may appeal a decision regarding township assistance in the same manner that an appeal is taken under IC 12-20-15.
        (10) The department of workforce development, the county office of the division of family resources, and any other state or local government agency shall cooperate with and assist the coordinator in carrying out the coordinator's duties under this section and other statutes.
    (f) Any application for township assistance for which the township has not entered a final decision regarding the granting or denial of township assistance by the close of business on the day before township assistance powers and duties are transferred to

the county shall be treated as a new application filed with the county as of that date. The coordinator shall make a decision on the application in accordance with the uniform standards adopted under subsection (e)(3).
    (g) Any application for township assistance that has been granted before township assistance powers and duties are transferred to the county, but for which assistance has not been disbursed by the township, shall be disbursed and administered by the coordinator in accordance with the township's grant of township assistance.

     (h) The coordinator shall assist in preparing the county's township assistance budget.

SOURCE: IC 12-20-1-6.5; (11)CR137602.13. -->     SECTION 13. IC 12-20-1-6.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6.5. (a) This section applies only to a county having a consolidated city.
    (b) A township assistance transition advisory group is established in the county. The advisory group consists of:
        (1) an individual who:
            (A) is designated by the county executive; and
            (B) shall chair the advisory group; and
        (2) the trustee of each of the townships in the county.
    (c) The advisory group shall:
        (1) submit recommendations to the county executive and the county fiscal body regarding the transition from township responsibility for township assistance to county responsibility for
township assistance; and
        (2) take steps as necessary to assist the transition of responsibility for township assistance.
    (d) The city-county council of the county having a consolidated city shall by ordinance determine the date on which the advisory group is abolished.

SOURCE: IC 12-20-1-7; (11)CR137602.14. -->     SECTION 14. IC 12-20-1-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) This section applies to a county having a consolidated city.
    (b) The county shall establish a county township assistance fund.
    (c) The fund shall be raised by a tax levy in each township in

which township government has been abolished under IC 36-6-1.1 that:
        (1) is in addition to all other tax levies authorized; and
        (2) shall be levied annually by the county fiscal body on all taxable property in each township in which township government has been abolished under IC 36-6-1.1 in the amount necessary to pay the items, awards, claims, allowances, assistance, and other expenses set forth in the annual township assistance budget for the county.
    (d) The tax imposed under this section shall be collected as other state and county ad valorem taxes are collected.
    (e) The following shall be paid into the county township assistance fund:
        (1) All receipts from the tax imposed under this section.
        (2) Any other money required by law to be placed in the fund.
    (f) The fund is available for the purpose of paying expenses and obligations set forth in the annual budget.
    (g) Money in the fund at the end of a budget year does not revert to the county general fund.

SOURCE: IC 13-11-2-86; (11)CR137602.15. -->     SECTION 15. IC 13-11-2-86 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 86. "Fiscal body" means:
        (1) the county council, for a county not having a consolidated city;
        (2) the city-county council of a consolidated city and county;
        (3) the common council of a city;
        (4) the town council of a town;
        (5) the township board of a township that is not located in a county having a consolidated city;
         (6) in the case of a township located in a county having a consolidated city:
            (A) before January 1, 2013, the township board; and
            (B) after December 31, 2012,
the county fiscal body; or
        (6) (7) the board of directors of a conservancy district.
SOURCE: IC 15-16-7-4; (11)CR137602.16. -->     SECTION 16. IC 15-16-7-4, AS ADDED BY P.L.2-2008, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) The weed control board consists of the following members to be appointed by the authorizing body:
        (1) One (1) member appointed as follows:
            (A) Except as provided in clause (B), a
township trustee of a township in the county.
            (B) In a county in which township government is abolished under IC 36-6-1.1, the official responsible for the destruction of detrimental plants described in this chapter or the official's designee.

        (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.
        (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 15-16-8-0.5; (11)CR137602.17. -->     SECTION 17. IC 15-16-8-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 0.5. (a) On the date township government is abolished in a township under IC 36-6-1.1, the powers and duties of a township under this chapter are transferred to the county.
    (b) After a township government is abolished under IC 36-6-1.1:

        (1) any reference to "township trustee" or "trustee" in this chapter is considered to be a reference to the county official designated by the county executive as being responsible for administering this chapter in that township; and
         (2) any reference to "township fund" in this chapter is considered to be a reference to the appropriate county fund designated by ordinance of the county legislative body.
SOURCE: IC 15-16-8-10; (11)CR137602.18. -->     SECTION 18. IC 15-16-8-10, AS ADDED BY P.L.2-2008, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. (a) Except as provided in subsection (b), when the annual township budget is prepared, a sufficient amount shall

be appropriated to enable the township officials to comply with this chapter.
     (b) After township government is abolished in a township under IC 36-6-1.1, when the annual county budget is prepared, a sufficient amount shall be appropriated to enable the county to comply with this chapter.

SOURCE: IC 16-41-19-7; (11)CR137602.19. -->     SECTION 19. IC 16-41-19-7, AS AMENDED BY P.L.73-2005, SECTION 169, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) After township government is abolished in a township under IC 36-6-1.1:
        (1) the county having a consolidated city has all the rights, duties, and responsibilities of the township; and
        (2) the coordinator for social services appointed in the county having a consolidated city has all the rights, duties, and responsibilities of the township trustee;
under this section.

    (a) (b) Except as provided in subsection (b), (c), all costs that are incurred in furnishing biologicals under this chapter, IC 12-20-16-2(c)(13), or IC 12-20-16-14 shall be paid: by:
        (1) by the appropriate county, city, or town against which the application form is issued from general funds; and
        (2) by the appropriate township against which the application form is issued from funds in the township assistance fund; and
        (3) after township government is abolished in a township under IC 36-6-1.1, by the coordinator of social services appointed in the county having a consolidated city from funds in the county township assistance fund;

not otherwise appropriated without appropriations.
    (b) (c) A township is not responsible for paying for biologicals as provided in subsection (a)(2) (b)(2) if the township trustee has evidence that the individual has the financial ability to pay for the biologicals.
    (c) (d) After being presented with a legal claim for insulin being furnished to the same individual a second time, a township trustee may require the individual to complete and file a standard application for township assistance in order to investigate the financial condition of the individual claiming to be indigent. The trustee shall immediately notify the individual's physician that:
        (1) the financial ability of the individual claiming to be indigent is in question; and
        (2) a standard application for township assistance must be filed with the township.
The township shall continue to furnish insulin under this section until the township trustee completes an investigation and makes a determination as to the individual's financial ability to pay for insulin.
    (d) (e) For purposes of this section, the township shall consider an adult individual needing insulin as an individual and not as a member of a household requesting township assistance.
SOURCE: IC 23-14-33-3.5; (11)CR137602.20. -->     SECTION 20. IC 23-14-33-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.5. (a) On the date township government is abolished in a county having a consolidated city under IC 36-6-1.1, the powers and duties of a township under this chapter through IC 23-14-76 are transferred to the county.
    (b) After the date township government is abolished in a county having a consolidated city under IC 36-6-1.1:
        (1) a reference in this chapter through IC 23-14-76 to "township fund" is considered a reference to the cemetery fund established for the county;
        (2) a reference in this chapter through IC 23-14-76 to "township" is considered a reference to the county;
        (3) a reference in this chapter through IC 23-14-76 to "township trustee" is considered a reference to the county executive or person designated by the county executive as being responsible for administering this chapter through IC 23-14-76; and
        (4) the county (rather than the township) may levy the cemetery tax under IC 23-14-68-4 throughout the county.

SOURCE: IC 32-26-4-2; (11)CR137602.21. -->     SECTION 21. IC 32-26-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) The trustee of each township, the county highway superintendent, the Indiana department of transportation, or other officer in control of the maintenance of a highway shall between January 1 and April 1 of each year, examine all hedges, live fences, natural growths along highways, and other obstructions described in section 1 of this chapter in their respective jurisdictions. However, in the case of a county having a

consolidated city, after township government has been abolished under IC 36-6-1.1 in a township, the duties and obligations of a township trustee and township under this chapter are transferred to and become the duties and obligations of the county. If there are hedges, live fences, other growths, or obstructions along the highways that have not been cut, trimmed down, and maintained in accordance with this chapter, the owner shall be given written notice to cut or trim the hedge or live fence and to burn the brush trimmed from the hedge or live fence and remove any other obstructions or growths.
    (b) The notice required under subsection (a) must be served by reading the notice to the owner or by leaving a copy of the notice at the owner's usual place of residence.
    (c) If the owner is not a resident of the township, county, or state where the hedge, live fence, or other obstructions or growth is located, the notice shall be served upon the owner's agent or tenant residing in the township. If an agent or a tenant of the owner does not reside in the township, the notice shall be served by mailing a copy of the notice to the owner, directed to the owner's last known post office address.
    (d) If the owner, agents, or tenants do not proceed to cut and trim the fences and burn the brush trimmed from the fences or remove any obstructions or growths within ten (10) days after notice is served, the township trustee, county highway superintendent, or Indiana department of transportation shall immediately:
        (1) cause the fences to be cut and trimmed or obstructions or growths removed in accordance with this chapter; and
        (2) burn the brush trimmed from the fences.
All expenses incurred under this subsection shall be assessed against and become a lien upon the land in the same manner as road taxes.
    (e) The township trustee, county highway superintendent, or Indiana department of transportation, or (in a county having a consolidated city after a township government has been abolished under IC 36-6-1.1) the appropriate county official designated by the county executive having charge of the work performed under subsection (d) shall prepare an itemized statement of the total cost of the work of removing the obstructions or growths and shall sign and certify the statement to the county auditor of the county in which the land is located. The county auditor shall place the statement on the tax duplicates. The county treasurer shall collect the costs entered on the

duplicates at the same time and in the same manner as road taxes are collected. The treasurer may not issue a receipt for road taxes unless the costs entered on the duplicates are paid in full at the same time the road taxes are paid. If the costs are not paid when due, the costs shall become delinquent, bear the same interest, be subject to the same penalties, and be collected at the same time and in the same manner as other unpaid and delinquent taxes.

SOURCE: IC 32-26-9-0.6; (11)CR137602.22. -->     SECTION 22. IC 32-26-9-0.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 0.6. (a) This section applies only to a county having a consolidated city.
    (b) On the date township government is abolished in a township under IC 36-6-1.1, the powers and duties of the township under this chapter are transferred to the county.
    (c) After the date township government is abolished in a township under IC 36-6-1.1:
        (1) the county official designated by the county executive as responsible for administering this chapter (rather than the township trustee) is responsible for administering this chapter in the township;
        (2) a reference in this chapter to "township" is considered a reference to the county, for purposes of the township in which township government is abolished; and
        (3) a reference in this chapter to "township trustee" is considered a reference to the county
official designated by the county executive as responsible for administering this chapter, for purposes of the township in which township government is abolished.
SOURCE: IC 33-34-1-6; (11)CR137602.23. -->     SECTION 23. IC 33-34-1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 6. A division of the small claims court must be a full-time division or a part-time division as determined by the individual township boards city-county council following a hearing conducted under section 7 of this chapter.
SOURCE: IC 33-34-1-8; (11)CR137602.24. -->     SECTION 24. IC 33-34-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 8. The township trustee (before township government is abolished under IC 36-6-1.1) or the clerk of the city-county council (after township government is abolished under IC 36-6-1.1) shall give ten (10) days

notice of all hearings held under section 7 of this chapter in one (1) or more newspapers of general circulation in the county.

SOURCE: IC 33-34-1-9; (11)CR137602.25. -->     SECTION 25. IC 33-34-1-9, AS AMENDED BY P.L.174-2006, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 9. Not more than two (2) weeks after a hearing is conducted under section 7 of this chapter, the township board city-county council shall, after considering the evidence, opinions, advice, and suggestions presented at the hearing, enter an order concerning:
        (1) whether a small claims court shall be established or abolished in the township if the township has a population of less than fifteen thousand (15,000) persons;
        (2) whether the small claims court if any, shall function full time or part time;
        (3) the location of the small claims court courtroom and offices under IC 33-34-6-1; and
        (4) other relevant matters.
SOURCE: IC 33-34-2-5; (11)CR137602.26. -->     SECTION 26. IC 33-34-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 5. (a) The salary of a judge who serves full time must be in an amount determined by the township board of the township in which the small claims court is located established by ordinance of the city-county council.
    (b) The salary of each judge who serves part time must be in an amount determined by the township board and approved established by ordinance of the city-county council.
    (c) The salary of a judge may not be reduced during the judge's term of office.
    (d) At any other time, salaries of any full-time or part-time judge may be increased or decreased by the township board of the township in which the small claims court is located. ordinance of the city-county council.
SOURCE: IC 33-34-2-6; (11)CR137602.27. -->     SECTION 27. IC 33-34-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 6. (a) The annual salary of a judge shall be paid:
         (1) before township government is abolished under IC 36-6-1.1, in twelve (12) equal monthly installments by the township trustee; or
        (2) after township government is abolished under IC 36-6-1.1,

by the county in the same installments as judges of the superior court in the county.
    (b) The judge may not receive remuneration other than a salary set under section 5 of this chapter for the performance of the judge's official duties except payments for performing marriage ceremonies.

SOURCE: IC 33-34-2-14; (11)CR137602.28. -->     SECTION 28. IC 33-34-2-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 14. (a) The resignation of a judge shall be delivered to the clerk of the circuit court. The clerk shall advise the circuit court. and appropriate township board.
    (b) A vacancy occurring in a judgeship must be filled under IC 3-13-10.
SOURCE: IC 33-34-3-1; (11)CR137602.29. -->     SECTION 29. IC 33-34-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except for a claim between landlord and tenant or a claim filed after December 31, 2011, that is related to real estate, a case within the jurisdiction of a small claims court may be:
        (1) venued;
        (2) commenced; and
        (3) decided;
in any township small claims court within the county. However, upon a motion for change of venue filed by the defendant within ten (10) days of service of the summons, the township small claims court shall determine in accordance with subsection (b) whether required venue lies with the court or with another small claims court in the county in which the small claims court action was filed.
    (b) The venue determination to be made under subsection (a) must be made in the following order:
        (1) In an action upon a debt or account, venue is in the township where any defendant has consented to venue in a writing signed by the defendant.
        (2) Venue is in the township where a transaction or occurrence giving rise to any part of the claim took place.
        (3) Venue is in the township (in a county of the small claims court) where the greater percentage of individual defendants included in the complaint resides, or, if there is not a greater percentage, the place where any individual named as a defendant:
            (A) resides;
            (B) owns real estate; or
            (C) rents an apartment or real estate or where the principal office or place of business of any defendant is located.
        (4) Venue is in the township where the claim was filed if there is no other township in the county in which the small claims court sits in which required venue lies.
    (c) Venue of:
         (1) any claim between landlord and tenant;
         (2) any claim filed after December 31, 2011, that is related to real estate;
must be in the township where the real estate is located.
    (d) If a written motion challenging venue is received by the small claims court, the court shall rule whether required venue lies in the township of filing.
SOURCE: IC 33-34-5-4; (11)CR137602.30. -->     SECTION 30. IC 33-34-5-4, AS AMENDED BY P.L.174-2006, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 4. (a) If a judge is unable to preside over the judge's small claims court during any number of days, the judge may appoint in writing a person qualified to be a small claims judge under IC 33-34-2-2 to preside in place of the judge.
    (b) The written appointment shall be entered on the order book or record of the circuit court. The appointee shall, after taking the oath prescribed for the judges, conduct the business of the small claims court subject to the same rules and regulations as judges and has the same authority during the continuance of the appointee's appointment.
    (c) The appointee is entitled to the same compensation from:
         (1) before township government is abolished under IC 36-6-1.1, the township trustee; or
        (2) after township government is abolished under IC 36-6-1.1, the county executive;

as accruable to the small claims judge in whose place the appointee is serving.
SOURCE: IC 33-34-6-1; (11)CR137602.31. -->     SECTION 31. IC 33-34-6-1, AS AMENDED BY P.L.174-2006, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 1. The township trustee (before township government is abolished under IC 36-6-1.1) or the county executive (after township government is abolished under IC 36-6-1.1) shall provide a courtroom and an office for each judge in a convenient

location within the township that has:
        (1) adequate access;
        (2) sufficient parking facilities;
        (3) a separate and appropriate courtroom;
        (4) proper space and facilities for the bailiff, clerks, and other employees; and
        (5) enough room for files and supplies.

SOURCE: IC 33-34-6-2; (11)CR137602.32. -->     SECTION 32. IC 33-34-6-2, AS AMENDED BY P.L.174-2006, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 2. A township (before township government is abolished under IC 36-6-1.1) or the county executive (after township government is abolished under IC 36-6-1.1) shall:
        (1) furnish all:
            (A) supplies, including all blanks, forms, stationery, and papers of every kind, required for use in all cases in the township small claims court; and
            (B) furniture, books, and other necessary equipment and supplies; and
        (2) provide for all necessary maintenance and upkeep of the facilities where court is held.
SOURCE: IC 33-34-6-3; (11)CR137602.33. -->     SECTION 33. IC 33-34-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 3. Each township (before township government is abolished under IC 36-6-1.1) or the city-county council (after township government is abolished under IC 36-6-1.1) shall provide an appropriate and competitive salary of at least five thousand six hundred dollars ($5,600) for the number of clerks for the small claims court sufficient to:
        (1) operate efficiently; and
        (2) adequately serve the citizens doing business with the court.
SOURCE: IC 33-34-6-4; (11)CR137602.34. -->     SECTION 34. IC 33-34-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 4. (a) The voters of each township having a small claims court shall elect a constable for the small claims court at the general election every four (4) years for a term of office of four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. The ballot must state the:
        (1) name of the candidate; and
        (2) court for which the candidate is to serve.
    (b) Each small claims court shall have a constable who:
        (1) acts as the bailiff of the court;
        (2) serves the court's personal service of process;
        (3) has police powers to:
            (A) make arrests;
            (B) keep the peace; and
            (C) carry out the orders of the court;
        (4) must meet the qualifications prescribed by IC 3-8-1-31;
        (5) except as provided in subsection (e), is compensated for each process that is delivered to effect personal service when serving as the bailiff for the court;
        (6) is responsible for:
            (A) the preparation and mailing of all registered or certified service and is compensated for each process served by mail; and
            (B) all the official acts of the deputies;
        (7) is compensated solely from the service of process fees collected under IC 33-34-8-1; and
        (8) may require a deputy to give a bond for the proper discharge of the deputy's duties for an amount fixed by the constable.
    (c) The elected constable may appoint full-time and part-time deputies for assistance in the performance of official duties who:
        (1) perform all the official duties required to be performed by the constable;
        (2) possess the same statutory and common law powers and authority as the constable;
        (3) must take the same oath required of the constable;
        (4) are compensated solely from the service of process fees collected under IC 33-34-8-1; and
        (5) serve at the pleasure of the constable and may be dismissed at any time with or without cause.
    (d) If there is an:
        (1) emergency; or
        (2) inability of a constable to carry out the constable's duties;
the judge may appoint a special constable to carry out the duties of the constable during the emergency or inability.
     (e) A constable may not receive net compensation that exceeds ninety percent (90%) of the net compensation (as defined in

IC 6-3-1-23) of the highest paid elected official of the consolidated city and county.

SOURCE: IC 33-34-7-3; (11)CR137602.35. -->     SECTION 35. IC 33-34-7-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 3. The judge of the circuit court, with the assistance of the clerk of the circuit court, the judges of the small claims courts, and the state board of accounts, shall, at the expense of the townships (before township government is abolished under IC 36-6-1.1) or the county (after township government is abolished under IC 36-6-1.1):
        (1) provide the forms, blanks, court calendar books, judgment dockets, and fee books; and
        (2) make rules and instructions to direct the judges in keeping records and making reports.
The clerk of the circuit court shall keep full and permanent records and reports of each judge's past and current proceedings, indexed and available for reference as a public record.
SOURCE: IC 33-34-8-3; (11)CR137602.36. -->     SECTION 36. IC 33-34-8-3, AS AMENDED BY P.L.182-2009(ss), SECTION 391, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 3. (a) Payment for all costs made as a result of proceedings in a small claims court shall be to the _______ Township of Marion County Small Claims Court (with the name of the township inserted). The court shall issue a receipt for all money received on a form numbered serially in duplicate. All township docket fees and late fees received by the court shall be paid to the township trustee (before township government is abolished under IC 36-6-1.1) or the county (after township government is abolished under IC 36-6-1.1) at the close of each month.
    (b) The court shall:
        (1) semiannually distribute to the auditor of state:
            (A) all automated record keeping fees (IC 33-37-5-21) received by the court for deposit in the homeowner protection unit account established by IC 4-6-12-9 and the state user fee fund established under IC 33-37-9;
            (B) all public defense administration fees collected by the court under IC 33-37-5-21.2 for deposit in the state general fund;
            (C) sixty percent (60%) of all court administration fees collected by the court under IC 33-37-5-27 for deposit in the

state general fund;
            (D) all judicial insurance adjustment fees collected by the court under IC 33-37-5-25 for deposit in the judicial branch insurance adjustment account established by IC 33-38-5-8.2; and
            (E) seventy-five percent (75%) of all judicial salaries fees collected by the court under IC 33-37-5-26 for deposit in the state general fund; and
        (2) distribute monthly to the county auditor all document storage fees received by the court.
The remaining twenty-five percent (25%) of the judicial salaries fees described in subdivision (1)(E) shall be deposited monthly in (before township government is abolished under IC 36-6-1.1) the township general fund of the township in which the court is located or (after township government is abolished under IC 36-6-1.1) the county general fund and credited to the small claims court account described in section 5 of this chapter. The county auditor shall deposit fees distributed under subdivision (2) into the clerk's record perpetuation fund under IC 33-37-5-2.
    (c) The court semiannually shall pay:
         (1) before township government is abolished under IC 36-6-1.1, to the township trustee of the township in which the court is located the remaining forty percent (40%) of the court administration fees described under subsection (b)(1)(C) to fund the operations of the small claims court in the trustee's township; or
        (2) after township government is abolished under IC 36-6-1.1, to the county for deposit in the county general fund, to be:
            (A) credited to the small claims court account described in section 5 of this chapter; and

            (B) used by the county:
                 (i) to fund the operations of the small claims court; and
                (ii) if any funds remain during a budget year after the payment of expenses under item (i), to fund public safety programs in the county as determined by the city-county council.

SOURCE: IC 33-34-8-5; (11)CR137602.37. -->     SECTION 37. IC 33-34-8-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE

JANUARY 1, 2012]: Sec. 5. Fees and costs paid and collected under section 3 of this chapter after township government is abolished under IC 36-6-1.1 shall be deposited in the county general fund and credited to separate accounts established for each township small claims court. If any funds remain after the payment of expenses of operating the small claims court, the remaining funds may be used to fund public safety programs in the county as determined by the city-county council.

SOURCE: IC 34-30-2-58; (11)CR137602.38. -->     SECTION 38. IC 34-30-2-58, AS AMENDED BY P.L.2-2008, SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 58. IC 15-16-8-4 (Concerning township trustees, county officials, or persons hired by them for the removal of detrimental plants upon another person's real property).
SOURCE: IC 36-1-2-6; (11)CR137602.39. -->     SECTION 39. IC 36-1-2-6, AS AMENDED BY P.L.186-2006, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. "Fiscal body" means:
        (1) county council, for a county not having a consolidated city;
        (2) city-county council, for a consolidated city or county having a consolidated city;
        (3) common council, for a city other than a consolidated city;
        (4) town council, for a town;
        (5) township board, for a township that is not located in a county having a consolidated city;
         (6) in the case of a township located in a county having a consolidated city:
            (A) before January 1, 2013, the township board; and
            (B) after December 31, 2012,
the county fiscal body;
        (6) (7) governing body or budget approval body, for any other political subdivision that has a governing body or budget approval body; or
        (7) (8) chief executive officer of any other political subdivision that does not have a governing body or budget approval body.
SOURCE: IC 36-1-2-9; (11)CR137602.40. -->     SECTION 40. IC 36-1-2-9, AS AMENDED BY P.L.186-2006, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. "Legislative body" means: the:
        (1) 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 county subject to IC 36-2-3.5;
        (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 that is not located in a county having a consolidated city;
        (7) in the case of a township located in a county having a consolidated city:
            (A) before January 1, 2013, the township board; and
            (B) after December 31, 2012,
the county fiscal body;
        (7) (8) the governing body of any other political subdivision that has a governing body; or
        (8) (9) the chief executive officer of any other political subdivision that does not have a governing body.
SOURCE: IC 36-1-8-5.1; (11)CR137602.41. -->     SECTION 41. IC 36-1-8-5.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5.1. (a) A political subdivision may establish a rainy day fund by the adoption of:
        (1) an ordinance, in the case of a county, city, or town; or
        (2) a resolution, in the case of any other political subdivision.
    (b) An ordinance or a resolution adopted under this section must specify the following:
        (1) The purposes of the rainy day fund.
        (2) The sources of funding for the rainy day fund, which may include the following:
            (A) Unused and unencumbered funds under:
                (i) section 5 of this chapter;
                (ii) IC 6-3.5-1.1-21.1;
                (iii) IC 6-3.5-6-17.3; or
                (iv) IC 6-3.5-7-17.3.
            (B) Any other funding source:
                (i) specified in the ordinance or resolution adopted under this section; and
                (ii) not otherwise prohibited by law.
    (c) The rainy day fund is subject to the same appropriation process as other funds that receive tax money.
    (d) In any fiscal year, a political subdivision may transfer under section 5 of this chapter not more than ten percent (10%) of the political subdivision's total annual budget for that fiscal year, adopted

under IC 6-1.1-17, to the rainy day fund.
    (e) A political subdivision may use only the funding sources specified in subsection (b)(2)(A) or in the ordinance or resolution establishing the rainy day fund. The political subdivision may adopt a subsequent ordinance or resolution authorizing the use of another funding source.
    (f) The department of local government finance may not reduce the actual or maximum permissible levy of a political subdivision as a result of a balance in the rainy day fund of the political subdivision.
    (g) This subsection applies only to a township in a county having a consolidated city. In addition to a purpose of the township's rainy day fund established in a resolution adopted under subsection (b)(1), with the approval of the county fiscal body, a township may use the township's rainy day fund to pay the costs of a contract with a domestic nonprofit corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to provide township assistance or 211 telephone number services that connect callers to information about critical health and human services available in their community, or both. A township may not transfer or expend from the township's rainy day fund more than one percent (1%) of the balance in that rainy day fund in any twelve (12) month period without the approval of the county fiscal body.
     (h) After township government is abolished under IC 36-6-1.1, any amounts transferred by the township from the township's rainy day fund to the county shall be used only as follows:
        (1) First, by the county to pay any outstanding indebtedness of the township from which the money was transferred.
        (2) Second, to pay the costs of a contract with a domestic nonprofit corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to provide township assistance or 211 telephone number services that connect callers to information about critical health and human services available in their community, or both.

         (3) Third, if any part of the transferred money remains after the payments under subdivisions (1) and (2), by the county for acquiring, constructing, improving, or maintaining

infrastructure (including sewerlines, waterlines, streets, roads, alleys, sidewalks, curbs, bridges, parking facilities, drains, flood control facilities, parks and other recreational facilities, street lights, electric signals, and any other infrastructure) within the township from which the money was transferred.

SOURCE: IC 36-1-8-17; (11)CR137602.42. -->     SECTION 42. IC 36-1-8-17 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17. (a) This section applies only to a township in a county having a consolidated city.
    (b) A township may not enter into a contract that has:
        (1) a total cost of more than five thousand dollars ($5,000); and
        (2) a term that extends beyond December 31, 2012;
unless the contract has been approved by the fiscal body of the county.

SOURCE: IC.36-3-1-6.1; (11)CR137602.43. -->     SECTION 43. IC.36-3-1-6.1, AS AMENDED BY P.L.1-2006, SECTION 560, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec..6.1. (a) This section applies only in a county containing a consolidated city and applies only to the consolidations of fire departments that are effective before the date on which a fire department is required to consolidate under IC 36-3-1-6.4. If the requirements of subsection (g) are satisfied, the fire departments of the following are consolidated into the fire department of a consolidated city (referred to as "the consolidated fire department"):
        (1) A township for which the consolidation is approved by the township legislative body and trustee and the legislative body and mayor of the consolidated city.
        (2) Any fire protection territory established under IC 36-8-19 that is located in a township described in subdivision (1).
    (b) If the requirements of subsection (g) are satisfied, the consolidated fire department shall provide fire protection services within an entity described in subsection (a)(1) or (a)(2) in which the requirements of subsection (g) are satisfied on the date agreed to in the resolution of the township legislative body and the ordinance of the legislative body of the consolidated city.
    (c) If the requirements of subsection (g) are satisfied and the fire

department of an entity listed in subsection (a) is consolidated into the fire department of the consolidated city, all of the property, equipment, records, rights, and contracts of the department consolidated into the fire department of the consolidated city are:
        (1) transferred to; or
        (2) assumed by;
the consolidated city on the effective date of the consolidation. However, real property other than real property used as a fire station may be transferred only on terms mutually agreed to by the legislative body and mayor of the consolidated city and the trustee and legislative body of the township in which that real property is located.
    (d) If the requirements of subsection (g) are satisfied and the fire department of an entity listed in subsection (a) is consolidated into the fire department of the consolidated city, the employees of the fire department consolidated into the fire department of the consolidated city cease employment with the department of the entity listed in subsection (a) and become employees of the consolidated fire department on the effective date of the consolidation. The consolidated city shall assume all agreements with labor organizations that:
        (1) are in effect on the effective date of the consolidation; and
        (2) apply to employees of the department consolidated into the fire department of the consolidated city who become employees of the consolidated fire department.
    (e) If the requirements of subsection (g) are satisfied and the fire department of an entity listed in subsection (a) is consolidated into the fire department of a consolidated city, the indebtedness related to fire protection services incurred before the effective date of the consolidation by the entity or a building, holding, or leasing corporation on behalf of the entity whose fire department is consolidated into the consolidated fire department under subsection (a) shall remain the debt of the entity and does not become and may not be assumed by the consolidated city. Indebtedness related to fire protection services that is incurred by the consolidated city before the effective date of the consolidation shall remain the debt of the consolidated city, and property taxes levied to pay the debt may only be levied by the fire special service district.
    (f) If the requirements of subsection (g) are satisfied and the fire department of an entity listed in subsection (a) is consolidated into the

fire department of a consolidated city, the merit board and the merit system of the fire department that is consolidated are dissolved on the effective date of the consolidation, and the duties of the merit board are transferred to and assumed by the merit board for the consolidated fire department on the effective date of the consolidation.
    (g) A township legislative body, after approval by the township trustee, may adopt a resolution approving the consolidation of the township's fire department with the fire department of the consolidated city. A township legislative body may adopt a resolution under this subsection only after the township legislative body has held a public hearing concerning the proposed consolidation. The township legislative body shall hold the hearing not earlier than thirty (30) days after the date the resolution is introduced. The hearing shall be conducted in accordance with IC 5-14-1.5, and notice of the hearing shall be published in accordance with IC 5-3-1. If the township legislative body has adopted a resolution under this subsection, the township legislative body shall, after approval from the township trustee, forward the resolution to the legislative body of the consolidated city. If such a resolution is forwarded to the legislative body of the consolidated city and the legislative body of the consolidated city adopts an ordinance, approved by the mayor of the consolidated city, approving the consolidation of the fire department of the township into the fire department of the consolidated city, the requirements of this subsection are satisfied. The consolidation shall take effect on the date agreed to by the township legislative body in its resolution and by the legislative body of the consolidated city in its ordinance approving the consolidation.
    (h) The following apply if the requirements of subsection (g) are satisfied:
        (1) The consolidation of the fire department of that township is effective on the date agreed to by the township legislative body in the resolution and by the legislative body of the consolidated city in its ordinance approving the consolidation.
        (2) Notwithstanding any other provision, a firefighter:
            (A) who is a member of the 1977 fund before the effective date of a consolidation under this section; and
            (B) who, after the consolidation, becomes an employee of the fire department of a consolidated city under this section;


        remains a member of the 1977 fund without being required to meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The firefighter shall receive credit for any service as a member of the 1977 fund before the consolidation to determine the firefighter's eligibility for benefits under IC 36-8-8.
        (3) Notwithstanding any other provision, a firefighter:
            (A) who is a member of the 1937 fund before the effective date of a consolidation under this section; and
            (B) who, after the consolidation, becomes an employee of the fire department of a consolidated city under this section;
        remains a member of the 1937 fund. The firefighter shall receive credit for any service as a member of the 1937 fund before the consolidation to determine the firefighter's eligibility for benefits under IC 36-8-7.
        (4) For property taxes first due and payable in the year in which the consolidation is effective, the maximum permissible ad valorem property tax levy under IC 6-1.1-18.5:
            (A) is increased for the consolidated city by an amount equal to the maximum permissible ad valorem property tax levy in the year preceding the year in which the consolidation is effective for fire protection and related services by the township whose fire department is consolidated into the fire department of the consolidated city under this section; and
            (B) is reduced for the township whose fire department is consolidated into the fire department of the consolidated city under this section by the amount equal to the maximum permissible ad valorem property tax levy in the year preceding the year in which the consolidation is effective for fire protection and related services for the township.
        (5) The amount levied in the year preceding the year in which the consolidation is effective by the township whose fire department is consolidated into the fire department of the consolidated city for the township's cumulative building and equipment fund for fire protection and related services is transferred on the effective date of the consolidation to the consolidated city's cumulative building and equipment fund for fire protection and related services, which is hereby established. The consolidated city is exempted from the requirements of IC 36-8-14 and IC 6-1.1-41

regarding establishment of the cumulative building and equipment fund for fire protection and related services.
        (6) The local boards for the 1937 firefighters' pension fund and the 1977 police officers' and firefighters' pension and disability fund of the township are dissolved, and their services are terminated not later than the effective date of the consolidation. The duties performed by the local boards under IC 36-8-7 and IC 36-8-8, respectively, are assumed by the consolidated city's local board for the 1937 firefighters' pension fund and local board for the 1977 police officers' and firefighters' pension and disability fund, respectively. Notwithstanding any other provision, the legislative body of the consolidated city may adopt an ordinance to adjust the membership of the consolidated city's local board to reflect the consolidation.
        (7) The consolidated city may levy property taxes within the consolidated city's maximum permissible ad valorem property tax levy limit to provide for the payment of the expenses for the operation of the consolidated fire department. However, property taxes to fund the pension obligation under IC 36-8-7 for members of the 1937 firefighters fund who were employees of the consolidated city at the time of the consolidation may be levied only by the fire special service district within the fire special service district. The fire special service district established under IC 36-3-1-6 may levy property taxes to provide for the payment of expenses for the operation of the consolidated fire department within the territory of the fire special service district. Property taxes to fund the pension obligation under IC 36-8-8 for members of the 1977 police officers' and firefighters' pension and disability fund who were members of the fire department of the consolidated city on the effective date of the consolidation may be levied only by the fire special service district within the fire special service district. Property taxes to fund the pension obligation for members of the 1937 firefighters fund who were not members of the fire department of the consolidated city on the effective date of the consolidation and members of the 1977 police officers' and firefighters' pension and disability fund who were not members of the fire department of the consolidated city on the effective date of the consolidation may be levied by the

consolidated city within the city's maximum permissible ad valorem property tax levy. However, these taxes may be levied only within the fire special service district and any townships that have consolidated fire departments under this section.
        (8) The executive of the consolidated city shall provide for an independent evaluation and performance audit, due before March 1 of the year in which the consolidation is effective and before March 1 in each of the following two (2) years, to determine:
            (A) the amount of any cost savings, operational efficiencies, or improved service levels; and
            (B) any tax shifts among taxpayers;
        that result from the consolidation. The independent evaluation and performance audit must be provided to the legislative council in an electronic format under IC 5-14-6 and to the state budget committee.

SOURCE: IC.36-3-1-6.2; (11)CR137602.44. -->     SECTION 44. IC.36-3-1-6.2, AS ADDED BY P.L.227-2005, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec..6.2. (a) If a consolidated fire department is established under section 6.1 of this chapter, the consolidated city, through the consolidated fire department, shall after the consolidation establish, operate, and maintain emergency ambulance services (as defined in IC.16-18-2-107) in the fire special service district and in those townships in the county that are consolidated under section 6.1 of this chapter.
    (b) This section does not prohibit the providing of emergency ambulance services by contract or under an interlocal agreement under IC 36-1-7.
SOURCE: IC 36-3-1-6.4; (11)CR137602.45. -->     SECTION 45. IC 36-3-1-6.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6.4. (a) This section does not apply to the consolidation of a fire department under section 6.1 of this chapter that is effective before January 1, 2014.
     (b) The following fire departments are consolidated into the fire department of the consolidated city (referred to as "the consolidated fire department") on January 1, 2014:
        (1) The fire department of a township that is located in a county containing a consolidated city and that has not consolidated the township's fire department under section 6.1

of this chapter.
        (2) The fire department of any fire protection territory established under IC 36-8-19 that is located in a township described in subdivision (1).
The fire department of an excluded city is not consolidated into the fire department of the consolidated city.

     (c) The consolidated fire department shall provide fire protection services within each township that has consolidated its fire department (except in an excluded city). The consolidated fire department may provide fire protection services in an excluded city if the consolidated city and the excluded city enter into a contract or interlocal agreement for the fire protection services.
     (d) All property, equipment, records, rights, and contracts of each department consolidated into the fire department of the consolidated city under this section are:
        (1) transferred to; or
        (2) assumed by;
the consolidated city on January 1, 2014. Any funds transferred under this subsection to the consolidated city that represent balances in a cumulative building and equipment fund for fire protection and related services established under IC 36-8-14 shall be deposited in the consolidated city's cumulative building and equipment fund for fire protection and related services and shall be used by the consolidated city only for funding land, buildings, and equipment for fire protection and emergency medical services as provided under IC 36-8-14.

     (e) The employees of a fire department that is consolidated into the fire department of the consolidated city under this section cease employment with the department listed in subsection (b) and, subject to approval of the executive of the consolidated city, become employees of the consolidated fire department on January 1, 2014. The consolidated city shall assume all agreements with labor organizations that:
        (1) are in effect on January 1, 2014; and
        (2) apply to employees of the department that is consolidated into the fire department of the consolidated city who become employees of the consolidated fire department.

     (f) Indebtedness related to fire protection services incurred

before January 1, 2014, by an entity whose fire department is consolidated into the consolidated fire department under this section (or incurred by a building, holding, or leasing corporation on behalf of the entity) shall be assumed, defeased, paid, or refunded by the consolidated city. However, the consolidated city may levy a tax to pay the indebtedness only within the geographic area of the entity that originally incurred the indebtedness.
    (g) Notwithstanding any other law, to assume, defease, pay, or refund all or part of an indebtedness described in subsection (f), the consolidated city is not required to comply with any other statutory procedures or approvals that apply when a unit incurs indebtedness.
    (h) Notwithstanding subsections (f) and (g), the consolidated city may not assume all or a part of an indebtedness described in subsection (f) that will exceed the limitations on the amount of indebtedness that the consolidated city may incur. If the consolidated city is prohibited by this subsection from assuming all or a part of an indebtedness described in subsection (f), the entity that originally incurred the debt:
        (1) shall impose the tax levy necessary to pay the indebtedness; and
        (2) shall, notwithstanding any other provision, remain in existence until the indebtedness is paid.
An entity that remains in existence under subdivision (2) shall remain in existence only for the purpose of imposing the tax levy under subdivision (1).
    (i) The rights of trustees and bondholders with respect to any:
        (1) bonds or other indebtedness described in subsection (f); or
        (2) bond resolution, trust agreement or indenture, security agreement, purchase agreement, or other undertaking with respect to indebtedness described in subsection (f);
remain the same, although the powers, duties, agreements, and liabilities of the entities listed in subsection (b) have been transferred to the consolidated city, and the consolidated city shall be considered to have assumed all those powers, duties, agreements, and liabilities.

     (j) The merit board and the merit system of each fire department that is consolidated into the fire department of the

consolidated city are dissolved on January 1, 2014, and the duties of the merit board are transferred to and assumed by the merit board for the consolidated fire department on that day.
     (k) The following apply after a fire department is consolidated into the fire department of the consolidated city under this section:
         (1) Notwithstanding any other provision, a firefighter:
            (A) who is a member of the 1977 fund on January 1, 2014; and
            (B) who, after the consolidation, becomes an employee of the fire department of a consolidated city under this section;
        remains a member of the 1977 fund without being required to meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The firefighter shall receive credit for any service as a member of the 1977 fund before the consolidation to determine the firefighter's eligibility for benefits under IC 36-8-8.

         (2) Notwithstanding any other provision, a firefighter:
            (A) who is a member of the 1937 fund on January 1, 2014; and
            (B) who, after the consolidation, becomes an employee of the fire department of a consolidated city under this section;
        remains a member of the 1937 fund. The firefighter shall receive credit for any service as a member of the 1937 fund before the consolidation to determine the firefighter's eligibility for benefits under IC 36-8-7.

         (3) For property taxes first due and payable in the first calendar year in which property taxes are first due and payable based on the consolidation, the maximum permissible ad valorem property tax levy under IC 6-1.1-18.5 and maximum property tax rates for fire protection services for:
            (A) the consolidated city; and
            (B) the entity whose fire department is consolidated into the fire department of the consolidated city under this section;
        are determined under IC 6-1.1-18.5-23.
        (4) The balance in the cumulative building and equipment

fund of a township whose fire department is consolidated into the fire department of the consolidated city is transferred as provided in subsection (d).
        (5) The local boards for the 1937 firefighters' pension fund and the 1977 police officers' and firefighters' pension and disability fund of an entity whose fire department is consolidated into the fire department of the consolidated city are dissolved, and their services are terminated on the date on January 1, 2014. The duties performed by the local boards under IC 36-8-7 and IC 36-8-8, respectively, are assumed by the consolidated city's local board for the 1937 firefighters' pension fund and local board for the 1977 police officers' and firefighters' pension and disability fund, respectively. Notwithstanding any other provision, the legislative body of the consolidated city may adopt an ordinance to adjust the membership of the consolidated city's local board to reflect a consolidation under this section.
        (6) The consolidated city may levy property taxes within the area served by the consolidated fire department to provide for the payment of the expenses for the operation of the consolidated fire department. However, property taxes to fund the pension obligation under IC 36-8-7 for members of the 1937 firefighters' fund who were employees of the consolidated city at the time of the consolidation may be levied only by the fire special service district within the fire special service district. The fire special service district established under IC 36-3-1-6 may levy property taxes to provide for the payment of expenses for the operation of the consolidated fire department within or that directly benefit the territory of the fire special service district. Property taxes to fund the pension obligation under IC 36-8-8 for members of the 1977 police officers' and firefighters' pension and disability fund who were members of the fire department of the consolidated city on the effective date of the consolidation may be levied only by the fire special service district within the fire special service district. Property taxes to fund the pension obligation for members of the 1937 firefighters' fund who were not members of the fire department of the

consolidated city on the effective date of the consolidation and members of the 1977 police officers' and firefighters' pension and disability fund who were not members of the fire department of the consolidated city on the effective date of the consolidation may be levied by the consolidated city within the city's maximum permissible ad valorem property tax levy. However, these taxes may be levied only within the fire special service district and any townships that have consolidated fire departments under this section.
        (7) The executive of the consolidated city shall provide for an independent evaluation and performance audit, due before March 1, 2014, and before March 1 in each of the following two (2) years, to determine:
            (A) the amount of any cost savings, operational efficiencies, or improved service levels; and
            (B) any tax shifts among taxpayers;
        that result from the consolidation. The independent evaluation and performance audit must be provided to the legislative council in an electronic format under IC 5-14-6 and to the budget committee.

     (l) On June 1, 2011, a fire consolidation transition advisory group is established in the county having a consolidated city. The advisory group consists of the chief of the fire department of the consolidated city (or the chief's designee), who shall chair the advisory group, and the township trustee (or the township trustee's designee) of each township that has not consolidated its fire department into the fire department of the consolidated city. The advisory group shall do the following:
        (1) Develop a strategic plan to determine resource requirements and resource deployments for the consolidated fire department. In developing the strategic plan, the advisory group shall consider the Fire Department Consolidation Staffing Committee Report (as revised April 26, 2005) prepared by the Indianapolis Metropolitan Professional Firefighters Association Local 416.
        (2) Submit recommendations to the executive of the consolidated city and the city-county council regarding the consolidation of fire departments.


        (3) Take steps as necessary to assist the consolidation of fire departments.
The advisory group is abolished on January 1, 2014.
    (m) The executive of the consolidated city shall update the strategic plan developed under subsection (l) at least once every three (3) years.

     (n) After December 31, 2013, the consolidated fire department in a county containing a consolidated city shall be designated as the Indianapolis metropolitan fire department.
SOURCE: IC 36-3-1-6.5; (11)CR137602.46. -->     SECTION 46. IC 36-3-1-6.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6.5. (a) This section applies only in a county having a consolidated city.
    (b) The legislative body of an excluded city, after approval by the executive of the excluded city, may adopt an ordinance approving the consolidation of the excluded city's fire department with the fire department of the consolidated city. The legislative body of an excluded city may adopt an ordinance under this subsection only after the legislative body has held a public hearing concerning the proposed consolidation. The legislative body of the excluded city shall hold the hearing not earlier than forty-five (45) days after the date the ordinance is introduced. The hearing shall be conducted in accordance with IC 5-14-1.5, and notice of the hearing shall be published in accordance with IC 5-3-1. If the legislative body of the excluded city adopts an ordinance under this subsection, the legislative body shall, after approval by the executive of the excluded city, forward the ordinance to the clerk of the legislative body of the consolidated city. If such an ordinance is forwarded to the clerk of the legislative body of the consolidated city and the legislative body of the consolidated city adopts an ordinance, approved by the mayor of the consolidated city, approving the consolidation of the fire department of the excluded city into the fire department of the consolidated city, the requirements of this subsection are satisfied.
    (c) The following apply if the requirements of subsection (b) are satisfied:
        (1) The fire department of the excluded city is consolidated into the fire department of the consolidated city (referred to

as "the consolidated fire department"). The consolidation takes effect on the date agreed to by the legislative body of the excluded city in its ordinance and by the legislative body of the consolidated city in its ordinance approving the consolidation.
        (2) The consolidated fire department shall provide fire protection services within the excluded city on the date agreed to in the ordinance of the legislative body of the excluded city and the ordinance of the legislative body of the consolidated city.
        (3) All property, equipment, records, rights, and contracts of the fire department of the excluded city are:
            (A) transferred to; or
            (B) assumed by;
        the consolidated city on the effective date of the consolidation. However, real property other than real property used as a fire station may be transferred only on terms mutually agreed to by the legislative body and mayor of the consolidated city and the executive and legislative body of the excluded city in which that real property is located.
        (4) The employees of the fire department of the excluded city cease employment with the fire department of the excluded city and become employees of the consolidated fire department on the effective date of the consolidation.
        (5) The indebtedness of the fire department of the excluded city related to fire protection services incurred before the effective date of the consolidation by the entity or a building, holding, or leasing corporation on behalf of the fire department of the excluded city remains the debt of the entity and is not and may not be assumed by the consolidated city. Indebtedness related to fire protection services incurred by the consolidated city before the effective date of the consolidation remains the debt of the consolidated city, and property taxes levied to pay the debt may be levied only by the fire special service district.
        (6) The merit board and the merit system of the fire department of the excluded city are dissolved on the effective date of the consolidation, and the duties of the merit board are

transferred to and assumed by the merit board for the consolidated fire department on the effective date of the consolidation.
        (7) Notwithstanding any other provision, a firefighter:
            (A) who is a member of the 1977 fund before the effective date of a consolidation under this section; and
            (B) who, after the consolidation, becomes an employee of the consolidated fire department under this section;
        remains a member of the 1977 fund without being required to meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The firefighter shall receive credit for any service as a member of the 1977 fund before the consolidation to determine the firefighter's eligibility for benefits under IC 36-8-8.
        (8) Notwithstanding any other provision, a firefighter:
            (A) who is a member of the 1937 fund before the effective date of a consolidation under this section; and
            (B) who, after the consolidation, becomes an employee of the consolidated fire department under this section;
        remains a member of the 1937 fund. The firefighter shall receive credit for any service as a member of the 1937 fund before the consolidation to determine the firefighter's eligibility for benefits under IC 36-8-7.
        (9) For property taxes first due and payable in the year in which the consolidation is effective, the maximum permissible ad valorem property tax levy under IC 6-1.1-18.5:
            (A) is increased for the consolidated city by an amount equal to the maximum permissible ad valorem property tax levy in the year preceding the year in which the consolidation is effective for fire protection and related services by the excluded city whose fire department is consolidated into the consolidated fire department under this section; and
            (B) is reduced for the excluded city whose fire department is consolidated into the consolidated fire department under this section by the amount equal to the maximum permissible ad valorem property tax levy in the year preceding the year in which the consolidation is effective

for fire protection and related services for the excluded city.
        (10) The amount levied in the year preceding the year in which the consolidation is effective by the excluded city whose fire department is consolidated into the consolidated fire department for the excluded city's cumulative building and equipment fund for fire protection and related services is transferred on the effective date of the consolidation to the consolidated city's cumulative building and equipment fund for fire protection and related services, which is hereby established. The consolidated city is exempted from the requirements of IC 6-1.1-41 and IC 36-8-14 regarding establishment of the cumulative building and equipment fund for fire protection and related services.
        (11) The local boards for the 1937 firefighters' pension fund and the 1977 police officers' and firefighters' pension and disability fund of the excluded city are dissolved, and their services are terminated not later than the effective date of the consolidation. The duties performed by the local boards under IC 36-8-7 and IC 36-8-8 are assumed by the consolidated city's local board for the 1937 firefighters' pension fund and local board for the 1977 police officers' and firefighters' pension and disability fund, respectively. Notwithstanding any other law, the legislative body of the consolidated city may adopt an ordinance to adjust the membership of the consolidated city's local board to reflect the consolidation.

     (d) The fire special service district shall be expanded to include any area of an excluded city that is served by the consolidated fire department.

SOURCE: IC 36-3-6-9; (11)CR137602.47. -->     SECTION 47. IC 36-3-6-9, AS AMENDED BY P.L.182-2009(ss), SECTION 401, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) Except as provided in subsection (d), the city-county legislative body shall review the proposed operating and maintenance budgets and tax levies and adopt final operating and maintenance budgets and tax levies for each of the following entities in the county:
        (1) An airport authority operating under IC 8-22-3.
        (2) A public library operating under IC 36-12.
        (3) A capital improvement board of managers operating under IC 36-10.
        (4) A public transportation corporation operating under IC 36-9-4.
        (5) A health and hospital corporation established under IC 16-22-8.
        (6) Any other taxing unit (as defined in IC 6-1.1-1-21) that is located in the county and has a governing body that is not comprised of a majority of officials who are elected to serve on the governing body.
Except as provided in subsection (c), the city-county legislative body may reduce or modify but not increase a proposed operating and maintenance budget or tax levy under this section.
    (b) The board of each entity listed in subsection (a) shall, after adoption of its proposed budget and tax levies, submit them, along with detailed accounts, to the city clerk before the first day of September of each year.
    (c) The city-county legislative body or, when subsection (d) applies, the fiscal body of an excluded city or town shall review the issuance of bonds of an entity listed in subsection (a). Approval of the city-county legislative body or, when subsection (d) applies, the fiscal body of an excluded city or town is required for the issuance of bonds. The city-county legislative body or the fiscal body of an excluded city or town may not reduce or modify a budget or tax levy of an entity listed in subsection (a) in a manner that would:
        (1) limit or restrict the rights vested in the entity to fulfill the terms of any agreement made with the holders of the entity's bonds; or
        (2) in any way impair the rights or remedies of the holders of the entity's bonds.
    (d) If:
         (1) the assessed valuation of a taxing unit is entirely contained within an excluded city or town (as described in IC 36-3-1-7) that is located in a county having a consolidated city; or
        (2) the assessed valuation of a taxing unit is not entirely contained within the excluded city or town (as described in IC 36-3-1-7) but the taxing unit was originally established by the excluded city or town;

the governing body of the taxing unit shall submit its proposed

operating and maintenance budget and tax levies to the city or town fiscal body for approval and not the city-county legislative body. Except as provided in subsection (c), the fiscal body of the excluded city or town may reduce or modify but not increase a proposed operating and maintenance budget or tax levy under this section.

SOURCE: IC 36-3-7-6; (11)CR137602.48. -->     SECTION 48. IC 36-3-7-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. Notwithstanding any other law, the consolidated city may, after December 31, 2013, issue obligations to refund obligations issued before January 1, 2014, in the name of:
        (1) a township;
        (2) a fire protection territory; or
        (3) a building, holding, or leasing corporation on behalf of a township or a fire protection territory;
to satisfy the requirements of IC 36-3-1-6.4(f), IC 36-3-1-6.4(g), and IC 36-3-1-6.4(h).

SOURCE: IC 36-6-1.1; (11)CR137602.49. -->     SECTION 49. IC 36-6-1.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 1.1. Abolishing Township Government in a County Having a Consolidated City
    Sec..1. This chapter applies only to a county having a consolidated city.
    Sec. 2. (a) Except as otherwise provided, the powers and duties of each township in a county having a consolidated city are transferred to the county on the earlier of the following:
        (1) January 1, 2015.
        (2) The date:
            (A) established by resolution of:
                (i) the township board (before January 1, 2013); or
                (ii) the county fiscal body (after December 31, 2012); and
            (B) approved by order of the township trustee.
    (b) On the date township powers and duties are transferred for a township, the office of township trustee is abolished.
    Sec. 3. (a) The abolishment of an office under section 2 of this chapter does not invalidate:
        (1) any resolutions, fees, schedules, or other actions adopted or taken by the township trustee before the date township

powers and duties are transferred for the township; or
        (2) any appointments made by the township trustee before the date township powers and duties are transferred for the township.
    (b) Except as specifically provided, in a county having a consolidated city, any reference in the Indiana Code, the Indiana Administrative Code, or a resolution to the township trustee shall be considered after the date township government is abolished under this chapter to be a reference to the county executive.

    Sec..4. On the date township government is abolished under this chapter, the following occur:
        (1) All:
            (A) assets;
            (B) debts;
            (C) property rights;
            (D) equipment;
            (E) records;
            (F) personnel (except as otherwise provided by statute); and
            (G) contracts;
        connected with the operations of a township are transferred to the county to be used only for the benefit of the township.
All civilian employees of a township fire department being consolidated in the metropolitan fire department shall be offered employment with the metropolitan fire department in positions comparable to those held before consolidation, if such comparable positions are available.
         (2) Notwithstanding any other law to the contrary, a township's distributive share of any state or local taxes or revenues is reduced to zero (0) and is transferred to the county.
         (3) If, as of the date township powers and duties are transferred for a township, the township in the county has a local board for the 1937 firefighters' pension fund or the 1977 police officers' and firefighters' pension and disability fund, that local board is dissolved, and the powers, duties, and responsibilities of the local board under IC 36-8-7 or IC 36-8-8, respectively, are assumed by the local board for the

1937 firefighters' pension fund and the local board for the 1977 police officers' and firefighters' pension and disability fund, respectively, for the fire department of the consolidated city. Notwithstanding any other provision, the legislative body of the county may adopt an ordinance to adjust the membership of a local board to reflect the dissolution of the township's local board.
    Sec. 5. Except as specifically provided, in a county having a consolidated city, the following apply on the date township powers and duties are transferred for the township:

         (1) Any indebtedness and any lease rental obligation incurred before that date by the township become an obligation of the county in which the township is located and shall be assumed, defeased, paid, or refunded by the county. The county may levy property taxes to pay the indebtedness or lease rental obligations only in the area of the township that incurred the debt.
        (2) Notwithstanding any other law, to assume, defease, pay, or refund all or a part of the indebtedness or lease rental obligations described in subdivision (1), the county is not required to comply with any other statutory procedures or approvals that apply when a unit incurs indebtedness or lease rental obligations.
         (3) Notwithstanding subdivisions (1) and (2), the county may not assume all or a part of the indebtedness described in subdivision (1) that will exceed the limitations on the amount of indebtedness that the county may incur. To the extent the county may not assume all or a part of the indebtedness described in subdivision (1) because to do so would cause the county to exceed the limitations on the amount of indebtedness that the county may incur, a special taxing unit is established in the township only for the purpose of levying property taxes necessary to pay the indebtedness that is not assumed by the county.
        (4) The rights of the trustee and the bondholders with respect to any:
            (A) indebtedness described in subdivision (1); or
            (B) bond resolution, trust agreement or indenture, security

agreement, purchase agreement, or other undertaking with respect to indebtedness described in subdivision (1);
        remain the same, although the powers, duties, agreements, and liabilities of the township have been transferred to the county, and the county is considered to have assumed all those powers, duties, agreements, and liabilities.

    Sec. 6. The operation of the small claims courts after the township powers and duties are transferred to the county shall be accounted for in the county budget.
    Sec. 7. (a) On the date township government is abolished under this chapter, the balance in a debt service fund of a township:
        (1) is transferred to the county in which the township is located; and
        (2) shall be used by the county to pay indebtedness or lease rentals for which the fund was established.
Any balance remaining in the fund after all payments for indebtedness or lease rentals required under this section have been made shall be used only for infrastructure in the township.
    (b) The department of local government finance shall determine the amounts to be transferred under this section.
    (c) IC 36-1-8-5 does not apply to a balance referred to in this section.
    Sec. 8. (a) Except as specifically provided, on the date township government is abolished under this chapter, the balance in a township's general fund is transferred to the county.
    (b) The department of local government finance shall determine the amounts to be transferred under subsection (a).
    (c) IC 36-1-8-5 does not apply to a balance referred to in subsection (a).
    Sec. 9. (a) On the date township government is abolished under this chapter, the balance in a township's township assistance fund attributable to the duties of the township trustee:
        (1) is transferred to the county; and
        (2) shall be deposited in the county's township assistance fund established under IC 12-20-1-7.
    (b) The department of local government finance shall determine the amounts to be transferred under this section.
    (c) IC 36-1-8-5 does not apply to a balance referred to in this

section.
    Sec. 10. The department of local government finance shall adjust the maximum permissible property tax levies, maximum permissible property tax rates, and budgets as necessary to take into account the transfer of duties and powers of townships under this chapter and, as applicable, IC 36-3-1-6.4.

    Sec. 11. Notwithstanding any provision of this chapter, township fire departments are consolidated on January 1, 2014, as provided in IC 36-3-1-6.4.
     Sec. 12. This chapter contains full and complete authority for the county to take any action necessary to accomplish the transfer the duties and powers from a township under this chapter.

SOURCE: IC 36-6-4-1; (11)CR137602.50. -->     SECTION 50. IC 36-6-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all townships.
     (b) Notwithstanding any other law, in the case of a county having a consolidated city, after a township government is abolished under IC 36-6-1.1:
        (1) the powers and duties of the township trustee are
transferred to the county executive;
        (2) the office of township trustee is eliminated; and
        (3) the term of any township trustee is terminated;
on the date the township government is abolished.

SOURCE: IC 36-6-6-1; (11)CR137602.51. -->     SECTION 51. IC 36-6-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) This chapter applies to all townships.
     (b) On January 1, 2013, the township boards in a county having a consolidated city are abolished, and the term of office of each township board member is terminated.
    (c) After December 31, 2012, in a county having a consolidated city:
        (1) the county fiscal body is the fiscal body and legislative body of each township in the county; and
        (2) the county fiscal body shall exercise the legislative and fiscal powers assigned in the Indiana Code to township boards, including the authority to adopt the township's annual budget and to levy township property taxes for township funds.
    (d) The abolishment of a township board in a county having a consolidated city under subsection (b) does not invalidate:
        (1) any resolutions, fees, or schedules adopted or other actions taken by the township board before January 1, 2013; or
        (2) any appointments made by the township board before January 1, 2013.
    (e) After December 31, 2012, any reference:
        (1) in the Indiana Code;
        (2) in the Indiana Administrative Code; or
        (3) in any resolution;
to a township board in a county having a consolidated city abolished under subsection (b) shall be considered a reference to the county fiscal body.

SOURCE: IC 36-6-6-2; (11)CR137602.52. -->     SECTION 52. IC 36-6-6-2, AS AMENDED BY P.L.240-2005, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) Except as provided in subsection (b) and section 2.1 of this chapter, a three (3) member township board shall be elected under IC 3-10-2-13 by the voters of each township.
    (b) This subsection expires January 1, 2013. The township board in a county containing a consolidated city shall consist of seven (7) members elected under IC 3-10-2-13 by the voters of each township.
    (c) The township board is the township legislative body.
    (d) The term of office of a township board member is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.
SOURCE: IC 36-6-6-2.2; (11)CR137602.53. -->     SECTION 53. IC 36-6-6-2.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.2. (a) This subsection applies to townships in a county containing a consolidated city. The voters of each legislative body district established under section 2.5 of this chapter shall elect one (1) member of the township board. This subsection does not apply to elections in 2012 and thereafter.
    (b) This subsection applies to townships not included in subsection (a). The voters of each township shall elect all the members of the township board.
SOURCE: IC 36-6-6-3; (11)CR137602.54. -->     SECTION 54. IC 36-6-6-3, AS AMENDED BY P.L.240-2005, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) This subsection expires January 1, 2013. This subsection applies to townships in a county containing a

consolidated city. One (1) member of the legislative body must reside within each legislative body district. If a member of the legislative body ceases to be a resident of the district from which the member was elected, the office becomes vacant.
    (b) This subsection applies to townships not included in subsection (a) or (c). A member of the legislative body must reside within the township as provided in Article 6, Section 6 of the Constitution of the State of Indiana. If a member of the legislative body ceases to be a resident of the township, the office becomes vacant.
    (c) This subsection applies to a township government that:
        (1) is created by a merger of township governments under IC 36-6-1.5; and
        (2) elects a township board under section 2.1 of this chapter.
One (1) member of the legislative body must reside within the boundaries of each of the former townships that merged. If a member of the legislative body ceases to be a resident of that former township, the office becomes vacant.

SOURCE: IC 36-6-6-4; (11)CR137602.55. -->     SECTION 55. IC 36-6-6-4, AS AMENDED BY P.L.240-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) Except as provided in subsections (b) and (c), two (2) members of the legislative body constitute a quorum.
    (b) This subsection expires January 1, 2013. Four (4) members of the legislative body in a county containing a consolidated city constitute a quorum.
    (c) This subsection applies to a township government that:
        (1) is created by a merger of township governments under IC 36-6-1.5; and
        (2) elects a township board under section 2.1 of this chapter.
A majority of the members of the legislative body constitute a quorum. If a township board has an even number of members, the township executive shall serve as an ex officio member of the township board for the purpose of casting the deciding vote to break a tie.
SOURCE: IC 36-8-3.5-1.5; (11)CR137602.56. -->     SECTION 56. IC 36-8-3.5-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.5. (a) Notwithstanding any other law, after December 31, 2013, the fire merit board of the metropolitan fire department consists of the following members:
        (1) The county commissioners of the county having a

consolidated city shall appoint two (2) members, who may not be members of the same political party.
        (2) The mayor of the consolidated city shall appoint two (2) members, who may not be members of the same political party.
        (3) The city-county council of the county having a consolidated city shall appoint five (5) members. Not more than three (3) members appointed under this subdivision may be members of the same political party.
        (4) The labor union representing firefighters employed by the metropolitan fire department shall appoint two (2) members, who may not be members of the same political party.
    (b) After December 31, 2013, the fire merit board of the metropolitan fire department
has complete discretion to establish a classification of ranks, grades, and positions in the metropolitan fire department and shall designate the authority and responsibilities of each rank, grade, and position.
    (c) An individual who becomes a firefighter employed by the metropolitan fire department through the consolidation of township fire protection services into the metropolitan fire department may not have the individual's merit rank reduced below the merit rank held by the individual on January 1, 2011, as a firefighter employed by a township fire department.

    (d) The following apply to an individual who becomes a firefighter employed by the metropolitan fire department through the consolidation of township fire protection services into the metropolitan fire department after May 1, 2011:
        (1) The time served by such an individual as a firefighter with the metropolitan fire department shall also include the total time served by the individual as a firefighter with the township department in which the individual was serving at the time of the consolidation.
        (2) The hire date of such an individual is the date the individual was hired as a firefighter by the township department in which the individual was serving at the time of the consolidation.

SOURCE: IC 36-8-7-1; (11)CR137602.57. -->     SECTION 57. IC 36-8-7-1, AS AMENDED BY P.L.227-2005, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2011]: Sec. 1. (a) This chapter applies to pension benefits for members of fire departments hired before May 1, 1977, in units for which a 1937 fund was established before May 1, 1977.
    (b) A firefighter with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if the firefighter:
        (1) was hired before May 1, 1977;
        (2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981); and
        (3) is rehired after April 30, 1977, by the same employer.
    (c) A firefighter is covered by this chapter and not by IC 36-8-8 if the firefighter:
        (1) was hired before May 1, 1977;
        (2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981);
        (3) was rehired after April 30, 1977, but before February 1, 1979; and
        (4) was made, before February 1, 1979, a member of a 1937 fund.
    (d) A firefighter who:
        (1) is covered by this chapter before a consolidation under IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5; and
        (2) becomes a member of a fire department of a consolidated city under IC 36-3-1-6.1, IC 36-3-1-6.4, and IC 36-3-1-6.5;
is covered by this chapter after the effective date of the consolidation, and the firefighter's service as a member of a fire department of a consolidated city is considered active service under this chapter.

SOURCE: IC 36-8-7-4; (11)CR137602.58. -->     SECTION 58. IC 36-8-7-4, AS AMENDED BY P.L.227-2005, SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) If a unit has less than five (5) members in its fire department, the unit may provide for the organization of a local board consisting of the fire chief, the executive of the unit, and one (1) member of the fire department.
    (b) The trustee from the fire department shall be elected under this section.
    (c) The local board may amend the bylaws of the fund to elect the trustee from the fire department in an election held on any three (3) consecutive days in February specified in the bylaws. The election shall be called by the fire chief and held at the house or quarters of the fire department. Subject to this section, the election shall be conducted in

the manner specified in the bylaws.
    (d) This subsection applies only if the local board does not elect to be governed by subsection (c). The trustee from the fire department shall be elected at a meeting held on the second Monday in February each year. The meeting shall be called by the fire chief and held at the house or quarters of the fire department.
    (e) The term of the elected trustee is one (1) year beginning immediately after the trustee's election.
    (f) Each member of the department is entitled to one (1) ballot, and the person receiving the highest number of votes is elected. The executive of the unit, the fire chief, and the city or county clerk shall canvass and count the ballots, and the clerk shall issue a certificate of election to the person having received the highest number of votes. If two (2) persons have received the same number of votes, the executive and the chief shall immediately determine by lot who will be the trustee from the persons receiving an equal number of votes.
    (g) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1 or IC 36-3-1-6.4.

SOURCE: IC 36-8-7-5; (11)CR137602.59. -->     SECTION 59. IC 36-8-7-5, AS AMENDED BY P.L.227-2005, SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) An election shall be held each year under this section to elect one (1) trustee from the active members of the fire department for a term of four (4) years, commencing on the day of his election. The fire chief shall fix a time for holding a convention to nominate candidates for trustees to be elected at each election. Each convention must be held at least five (5) days before the day on which the annual election is held. A convention consists of one (1) delegate from each fire company and one (1) delegate to be selected by the chief and the chief's assistants. The delegate from each fire company shall be elected by ballot by the members of the company at a time to be fixed by the chief in the call for a convention. The election of delegates shall be certified by the captain or other officer of the company, or, if there is not an officer present, then by the oldest member of the company present. The convention, when assembled, shall nominate six (6) members of the fire department to be voted upon as trustees, and the delegates shall report the names of the persons nominated as candidates to their respective companies in writing.
    (b) The local board may amend the bylaws of the fund to elect the

trustee from the active members of the fire department in an election held on any three (3) consecutive days in February specified in the bylaws. The election shall be called by the fire chief and held at the house or quarters of the respective companies of the fire department. Subject to this section, the election shall be conducted in the manner specified in the bylaws.
    (c) This subsection applies only if the local board does not elect to be governed by subsection (b). The election shall be held at the houses or quarters of the respective companies on the second Monday in February between 9 a.m. and 6 p.m.
    (d) Each member of a fire company is entitled to one (1) ballot, and the ballot may not contain the names of more than one (1) person, chosen from the six (6) persons nominated by the convention. The candidate receiving the highest number of votes is elected.
    (e) The captain or other officer in command of each of the fire companies, immediately after the casting of all ballots, shall canvass and count the ballots. The captain or other officer shall certify in writing the total number of ballots cast and the number of votes received by each candidate for the office of trustee. After signing the certificate, the officer shall enclose it, together with all the ballots cast by the fire company, in an envelope, securely sealed and addressed, and deliver them to the fire chief. The fire chief shall deliver them to the executive of the unit as soon as the chief receives all the certificates and ballots. Upon receipt the executive shall, in the presence of the chief and the clerk of the unit, open the envelopes, examine the certificates, and determine the total number of votes cast for each of the candidates. The executive shall then issue a certificate of election to the candidate having received the highest number of votes. If two (2) or more candidates have received the same number of votes, the executive and the chief shall immediately determine by lot who will be trustee from the persons receiving an equal number of votes. An election may not be set aside for lack of formality in balloting by the members or in certifying or transmitting the returns of an election by the officers in charge.
    (f) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1 or IC 36-3-1-6.4.

SOURCE: IC 36-8-7-6; (11)CR137602.60. -->     SECTION 60. IC 36-8-7-6, AS AMENDED BY P.L.227-2005, SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2011]: Sec. 6. (a) An election shall be held under this section every two (2) years to elect one (1) trustee from the retired members of the fire department for a term of two (2) years, commencing on the day of the trustee's election, if the retired list contains at least three (3) retired members at the time of election. The fire chief shall fix a time for holding a convention to nominate candidates for trustee to be elected at each election. Each convention must be held at least fifteen (15) days before the day on which the biennial election is held. All retired members of the fire department may participate in the convention. The convention, when assembled, shall nominate not more than four (4) members of the retired list to be voted upon as trustee. The secretary of the board shall mail the names of the persons nominated along with an official ballot to the retired members within forty-eight (48) hours of the end of the convention.
    (b) The election shall be conducted by mail. Each retired member is entitled to cast one (1) ballot by mail, and the ballot may not contain more than one (1) name, chosen from the list of retired persons nominated by the convention. The candidate receiving the highest number of votes by 6 p.m. on the second Monday in February or an alternative date in February specified in the bylaws of the fund is elected.
    (c) The ballots must remain closed and inviolate until the close of the election, at which time, in the presence of the executive of the unit, the fire chief, and the clerk of the unit, the ballots shall be opened and counted. A certificate of election shall be issued to the candidate receiving the highest number of votes. If two (2) or more candidates receive the same number of votes, the executive and the chief shall immediately determine by lot who will be trustee from the persons receiving an equal number of votes.
    (d) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1 or IC 36-3-1-6.4.

SOURCE: IC 36-8-7-6.5; (11)CR137602.61. -->     SECTION 61. IC 36-8-7-6.5, AS AMENDED BY P.L.227-2005, SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6.5. (a) All ballots voted under this chapter shall be secured until the balloting is closed.
    (b) Tampering with a ballot for an election under this chapter is a Class A infraction.
    (c) This section does not apply to a township if the fire department

of the township is consolidated under IC 36-3-1-6.1 or IC 36-3-1-6.4.

SOURCE: IC 36-8-7-7; (11)CR137602.62. -->     SECTION 62. IC 36-8-7-7, AS AMENDED BY P.L.227-2005, SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) The fire chief is the president of the local board.
    (b) At the first meeting after each election, the local board shall elect a secretary, who may be chosen from among the trustees. However, the local board may consider it proper to have a secretary who is a member of the fire department, to be elected by the companies for a term of four (4) years in the same manner as the election for trustees. The secretary shall keep a full record of all the proceedings of the local board in a book provided for that purpose.
    (c) The local board shall make all rules necessary for the discharge of its duties and shall hear and determine all applications for relief or pensions under this chapter.
    (d) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1 or IC 36-3-1-6.4.
SOURCE: IC 36-8-8-1; (11)CR137602.63. -->     SECTION 63. IC 36-8-8-1, AS AMENDED BY P.L.227-2005, SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. This chapter applies to:
        (1) full-time police officers hired or rehired after April 30, 1977, in all municipalities, or who converted their benefits under IC 19-1-17.8-7 (repealed September 1, 1981);
        (2) full-time fully paid firefighters hired or rehired after April 30, 1977, or who converted their benefits under IC 19-1-36.5-7 (repealed September 1, 1981);
        (3) a police matron hired or rehired after April 30, 1977, and before July 1, 1996, who is a member of a police department in a second or third class city on March 31, 1996;
        (4) a park ranger who:
            (A) completed at least the number of weeks of training at the Indiana law enforcement academy or a comparable law enforcement academy in another state that were required at the time the park ranger attended the Indiana law enforcement academy or the law enforcement academy in another state;
            (B) graduated from the Indiana law enforcement academy or a comparable law enforcement academy in another state; and
            (C) is employed by the parks department of a city having a

population of more than one hundred twenty thousand (120,000) but less than one hundred fifty thousand (150,000);
        (5) a full-time fully paid firefighter who is covered by this chapter before the effective date of consolidation and becomes a member of the fire department of a consolidated city under IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5, provided that the firefighter's service as a member of the fire department of a consolidated city is considered active service under this chapter;
        (6) except as otherwise provided, a full-time fully paid firefighter who is hired or rehired after the effective date of the consolidation by a consolidated fire department established under IC 36-3-1-6.1;
        (7) a full-time police officer who is covered by this chapter before the effective date of consolidation and becomes a member of the consolidated law enforcement department as part of the consolidation under IC 36-3-1-5.1, provided that the officer's service as a member of the consolidated law enforcement department is considered active service under this chapter; and
        (8) except as otherwise provided, a full-time police officer who is hired or rehired after the effective date of the consolidation by a consolidated law enforcement department established under IC 36-3-1-5.1.
except as provided by section 7 of this chapter.

SOURCE: IC 36-8-8-2; (11)CR137602.64. -->     SECTION 64. IC 36-8-8-2, AS AMENDED BY P.L.227-2005, SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. As used in this chapter, "employer" means:
        (1) a municipality that established a 1925 or 1953 fund or that participates in the 1977 fund under section 3 or 18 of this chapter;
        (2) a unit that established a 1937 fund or that participates in the 1977 fund under section 3 or 18 of this chapter;
        (3) a consolidated city that consolidated the fire departments of units that:
            (A) established a 1937 fund; or
            (B) participated in the 1977 fund;
        before the units' consolidation into the fire department of a consolidated city established by under IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5; or
        (4) a consolidated city that establishes a consolidated law

enforcement department under IC 36-3-1-5.1.

SOURCE: IC 36-8-8-2.1; (11)CR137602.65. -->     SECTION 65. IC 36-8-8-2.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.1. (a) As used in this chapter, "local board" means the following:
        (1) For a unit that established a 1925 fund for its police officers, the local board described in IC 36-8-6-2.
        (2) Except as provided in subdivision (3), for a unit that established a 1937 fund for its firefighters, the local board described in IC 36-8-7-3.
         (3) For a unit that established a 1937 fund for its firefighters and consolidates its fire department into the fire department of a consolidated city under IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5:
            (A) before the effective date of the consolidation, the local board described in IC 36-8-7-3; and
            (B) on and after the effective date of the consolidation, the local board of the consolidated city established under IC 36-8-7-3.

        (3) (4) For a consolidated city that established a 1953 fund for its police officers, the local board described in IC 36-8-7.5-2.
        (4) (5) For a unit, other than a consolidated city, that did not establish a 1925 fund for its police officers or a 1937 fund for its firefighters, the local board described in subsection (b) or (c).
    (b) If a unit did not establish a 1925 fund for its police officers, a local board shall be composed in the same manner described in IC 36-8-6-2(b). However, if there is not a retired member of the department, no one shall be appointed to that position until such time as there is a retired member.
    (c) Except as provided in subsection (d), if a unit did not establish a 1937 fund for its firefighters, a local board shall be composed in the same manner described in IC 36-8-7-3(b). However, if there is not a retired member of the department, no one shall be appointed to that position until such time as there is a retired member.
     (d) If a unit located in a county containing a consolidated city did not establish a 1937 fund for its firefighters and consolidates its fire department into the fire department of the consolidated city under IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5, the local board is:
        (1) before the effective date of the consolidation, the local board described in IC 36-8-7-3; and
        (2) on and after the effective date of the consolidation, the local board of the consolidated city described in IC 36-8-7-3.

SOURCE: IC 36-8-8-7; (11)CR137602.66. -->     SECTION 66. IC 36-8-8-7, AS AMENDED BY P.L.1-2006, SECTION 575, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) Except as provided in subsections (d), (e), (f), (g), (h), (k), (l), and (m):
        (1) a police officer; or
        (2) a firefighter;
who is less than thirty-six (36) years of age and who passes the baseline statewide physical and mental examinations required under section 19 of this chapter shall be a member of the 1977 fund and is not a member of the 1925 fund, the 1937 fund, or the 1953 fund.
    (b) A police officer or firefighter with service before May 1, 1977, who is hired or rehired after April 30, 1977, may receive credit under this chapter for service as a police officer or firefighter prior to entry into the 1977 fund if the employer who rehires the police officer or firefighter chooses to contribute to the 1977 fund the amount necessary to amortize the police officer's or firefighter's prior service liability over a period of not more than forty (40) years, the amount and the period to be determined by the PERF board. If the employer chooses to make the contributions, the police officer or firefighter is entitled to receive credit for the police officer's or firefighter's prior years of service without making contributions to the 1977 fund for that prior service. In no event may a police officer or firefighter receive credit for prior years of service if the police officer or firefighter is receiving a benefit or is entitled to receive a benefit in the future from any other public pension plan with respect to the prior years of service.
    (c) Except as provided in section 18 of this chapter, a police officer or firefighter is entitled to credit for all years of service after April 30, 1977, with the police or fire department of an employer covered by this chapter.
    (d) A police officer or firefighter with twenty (20) years of service does not become a member of the 1977 fund and is not covered by this chapter, if the police officer or firefighter:
        (1) was hired before May 1, 1977;
        (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both

of which were repealed September 1, 1981); and
        (3) is rehired after April 30, 1977, by the same employer.
    (e) A police officer or firefighter does not become a member of the 1977 fund and is not covered by this chapter if the police officer or firefighter:
        (1) was hired before May 1, 1977;
        (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981);
        (3) was rehired after April 30, 1977, but before February 1, 1979; and
        (4) was made, before February 1, 1979, a member of a 1925, 1937, or 1953 fund.
    (f) A police officer or firefighter does not become a member of the 1977 fund and is not covered by this chapter if the police officer or firefighter:
        (1) was hired by the police or fire department of a unit before May 1, 1977;
        (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981);
        (3) is rehired by the police or fire department of another unit after December 31, 1981; and
        (4) is made, by the fiscal body of the other unit after December 31, 1981, a member of a 1925, 1937, or 1953 fund of the other unit.
If the police officer or firefighter is made a member of a 1925, 1937, or 1953 fund, the police officer or firefighter is entitled to receive credit for all the police officer's or firefighter's years of service, including years before January 1, 1982.
    (g) As used in this subsection, "emergency medical services" and "emergency medical technician" have the meanings set forth in IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
        (1) is employed by a unit that is participating in the 1977 fund;
        (2) was employed as an emergency medical technician by a political subdivision wholly or partially within the department's jurisdiction;
        (3) was a member of the public employees' retirement fund during the employment described in subdivision (2); and
        (4) ceased employment with the political subdivision and was

hired by the unit's fire department due to the reorganization of emergency medical services within the department's jurisdiction;
shall participate in the 1977 fund. A firefighter who participates in the 1977 fund under this subsection is subject to sections 18 and 21 of this chapter.
    (h) A police officer or firefighter does not become a member of the 1977 fund and is not covered by this chapter if the individual was appointed as:
        (1) a fire chief under a waiver under IC 36-8-4-6(c); or
        (2) a police chief under a waiver under IC 36-8-4-6.5(c);
unless the executive of the unit requests that the 1977 fund accept the individual in the 1977 fund and the individual previously was a member of the 1977 fund.
    (i) A police matron hired or rehired after April 30, 1977, and before July 1, 1996, who is a member of a police department in a second or third class city on March 31, 1996, is a member of the 1977 fund.
    (j) A park ranger who:
        (1) completed at least the number of weeks of training at the Indiana law enforcement academy or a comparable law enforcement academy in another state that were required at the time the park ranger attended the Indiana law enforcement academy or the law enforcement academy in another state;
        (2) graduated from the Indiana law enforcement academy or a comparable law enforcement academy in another state; and
        (3) is employed by the parks department of a city having a population of more than one hundred twenty thousand (120,000) but less than one hundred fifty thousand (150,000);
is a member of the fund.
    (k) Notwithstanding any other provision of this chapter, a police officer or firefighter:
        (1) who is a member of the 1977 fund before a consolidation under IC 36-3-1-5.1, or IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5;
        (2) whose employer is consolidated into the consolidated law enforcement department or the fire department of a consolidated city under IC 36-3-1-5.1, or IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5; and
        (3) who, after the consolidation, becomes an employee of the

consolidated law enforcement department or the consolidated fire department under IC 36-3-1-5.1, or IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5;
is a member of the 1977 fund without meeting the requirements under sections 19 and 21 of this chapter.
    (l) Notwithstanding any other provision of this chapter, if:
        (1) before a consolidation under IC 8-22-3-11.6, a police officer or firefighter provides law enforcement services or fire protection services for an entity in a consolidated city;
        (2) the provision of those services is consolidated into the consolidated law enforcement department or fire department of a consolidated city under IC 36-3-1-5.1, IC 36-3-1-6.1, or IC 36-3-1-6.4; and
        (3) after the consolidation, the police officer or firefighter becomes an employee of the consolidated law enforcement department or the consolidated fire department under IC 8-22-3-11.6;
the police officer or firefighter is a member of the 1977 fund without meeting the requirements under sections 19 and 21 of this chapter.
    (m) A police officer or firefighter who is a member of the 1977 fund under subsection (k) or (l):
         (1) may not be:
            (1) (A) retired for purposes of section 10 of this chapter; or
            (2) (B) disabled for purposes of section 12 of this chapter;
        solely because of a change in employer under the consolidation; and
        (2) shall receive credit for all years of service as a member of the 1977 fund before the consolidation described in subsection (k) or (l).

SOURCE: IC 36-8-13-1; (11)CR137602.67. -->     SECTION 67. IC 36-8-13-1, AS AMENDED BY P.L.227-2005, SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all townships. However,
     (b) This chapter does not apply to a township in which the fire department of the township has been consolidated under IC 36-3-1-6.1 or, after December 31, 2013, IC 36-3-1-6.4.
SOURCE: IC 36-8-13.5-1; (11)CR137602.68. -->     SECTION 68. IC 36-8-13.5-1, AS ADDED BY P.L.65-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2011]: Sec. 1. This chapter applies to all townships except a township in which the fire department of the township has been consolidated under IC 36-3-1-6.1 or IC 36-3-1-6.4.

SOURCE: IC 36-8-19-1.5; (11)CR137602.69. -->     SECTION 69. IC 36-8-19-1.5, AS AMENDED BY P.L.1-2006, SECTION 583, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.5. (a) If the fire department of a township is consolidated under IC 36-3-1-6.1, after the effective date of the consolidation the township may not establish a fire protection territory under this chapter.
    (b) A fire protection territory that is established before the effective date of the consolidation in a township political subdivision in which the township's political subdivision's fire department is consolidated under IC 36-3-1-6.1, IC 36-3-1-6.4, or IC 36-3-1-6.5 becomes part of the geographic area in which the fire department of a consolidated city provides fire protection services.
SOURCE: IC 36-9-17.5-1; (11)CR137602.70. -->     SECTION 70. IC 36-9-17.5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all townships.
         (b) In a county having a consolidated city, the powers and duties of a township under this chapter are transferred to the county on the date township government is abolished and township powers and duties are transferred under IC 36-6-1.1.
SOURCE: IC 36-10-7-1; (11)CR137602.71. -->     SECTION 71. IC 36-10-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except as provided in subsection (b), this chapter applies to the townships indicated in each section.
     (b) In a county having a consolidated city, the powers and duties of a township under this chapter are transferred to the county on the date township government is abolished and township powers and duties are transferred under IC 36-6-1.1.
SOURCE: IC 36-10-7.5-1; (11)CR137602.72. -->     SECTION 72. IC 36-10-7.5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all townships.
     (b) In a county having a consolidated city, the powers and duties of a township under this chapter are transferred to the county on the date township government is abolished and township powers and duties are transferred under IC 36-6-1.1.
SOURCE: IC 36-12-1-7.5; (11)CR137602.73. -->     SECTION 73. IC 36-12-1-7.5 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7.5. (a) In a county having a consolidated city, all powers, duties, responsibilities, and obligations of a township with respect to a public library, library district, or provision or receipt of library services by contract are transferred to the county on the date township government is abolished and township powers and duties are transferred under IC 36-6-1.1.
    (b) The abolition of township government and the transfer of township powers and duties under IC 36-6-1.1 do not terminate a public library, library district, or contract for provision or receipt of library services in existence at the time the township governments is abolished and the powers and duties are transferred.

SOURCE: IC 3-11-1.5-32.5; IC 36-6-6-2.5.
; (11)CR137602.74. -->     SECTION 74. THE FOLLOWING ARE REPEALED [EFFECTIVE JANUARY 1, 2013]: IC 3-11-1.5-32.5; IC 36-6-6-2.5.
SOURCE: ; (11)CR137602.75. -->     SECTION 75. [EFFECTIVE JULY 1, 2011] (a) The legislative services agency, as directed by the legislative council, shall, if requested by the legislative council, prepare legislation for introduction in the 2012 regular session of the general assembly to organize and correct statutes affected by this act, if necessary.
    (b) This SECTION expires July 1, 2012.

SOURCE: ; (11)CR137602.76. -->     SECTION 76. An emergency is declared for this act.
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1376 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Hinkle


CR137602/DI 87    2011