YES:
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:
[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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
notice of all hearings held under section 7 of this chapter in one (1) or
more newspapers of general circulation in the county.
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.
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.
IC 6-3-1-23) of the highest paid elected official of the consolidated
city and county.
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.
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.
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.
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;
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
of the township is consolidated under IC 36-3-1-6.1 or IC 36-3-1-6.4.
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.
enforcement department under IC 36-3-1-5.1.
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).
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.
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.
and when so amended that said bill do pass.