SB 405-2_ Filed 02/15/2011, 10:30 Young R

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 405 be amended to read as follows:

SOURCE: Page 1, line 1; (11)MO040502.1. -->     Page 1, delete lines 1 through 15.
    Delete pages 2 through 5.
    Page 6, delete lines 1 through 7.
    Page 8, line 30, delete "(before January 1, 2013), and".
    Page 8, line 31, delete "(after December 31, 2012) the county fiscal body"
    Page 9, line 4, delete "(before".
    Page 9, delete line 5.
    Page 9, line 6, delete "31, 2012)".
    Page 9, line 7, delete "or".
    Page 9, line 8, delete "the county fiscal body".
    Page 9, delete lines 14 through 42.
    Delete pages 10 through 17.
    Page 18, delete lines 1 through 3.
    Page 18, line 26, after "consists of" insert " all township trustees of townships located wholly or partially within the county.".
    Page 18, delete lines 27 through 42.
    Page 24, delete lines 38 through 42.
    Page 25, delete lines 1 through 39.
    Page 26, delete lines 6 through 15.
    Page 27, delete lines 14 through 42, begin a new paragraph and insert:
SOURCE: IC 36-6-6-10; (11)MO040502.18. -->     "SECTION 18. IC 36-6-6-10, AS AMENDED BY P.L.146-2008, SECTION 713, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. (a) This section does not apply to the appropriation of money to pay a deputy or an employee of a township assessor with assessment duties or to an elected township assessor.
    (b) The township legislative body shall fix the:
        (1) salaries;
        (2) wages;
        (3) rates of hourly pay; and
        (4) remuneration other than statutory allowances;
of all officers and employees of the township.
    (c) Subject to subsection (d), the township legislative body may reduce the salary of an elected or appointed official. However, except as provided in subsection subsections (h) and (i), the official is entitled to a salary that is not less than the salary fixed for the first year of the term of office that immediately preceded the current term of office.
    (d) Except as provided in subsection (h), the township legislative body may not alter the salaries of elected or appointed officers during the fiscal year for which they are fixed, but it may add or eliminate any other position and change the salary of any other employee, if the necessary funds and appropriations are available.
    (e) If a change in the mileage allowance paid to state officers and employees is established by July 1 of any year, that change shall be included in the compensation fixed for the township executive and assessor under this section, to take effect January 1 of the next year. However, the township legislative body may by ordinance provide for the change in the sum per mile to take effect before January 1 of the next year.
    (f) The township legislative body may not reduce the salary of the township executive without the consent of the township executive during the term of office of the township executive as set forth in IC 36-6-4-2.
    (g) This subsection applies when a township executive dies or resigns from office. The person filling the vacancy of the township executive shall receive at least the same salary the previous township executive received for the remainder of the unexpired term of office of the township executive (as set forth in IC 36-6-4-2), unless the person consents to a reduction in salary.
    (h) In a year in which there is not an election of members to the township legislative body, the township legislative body may by unanimous vote reduce the salaries of the members of the township legislative body by any amount.
     (i) After December 31, 2011, the salary provided or paid to a township board member may not exceed five thousand dollars ($5,000) per year. Notwithstanding subsection (h), if necessary in order to comply with this subsection, a township legislative body shall vote in 2011 to reduce the salaries of the members of the township legislative body effective January 1, 2012. The salary reduction shall be made by a majority vote of the township legislative body.".
SOURCE: Page 28, line 1; (11)MO040502.28. -->     Page 28, delete lines 1 through 14.
    Page 29, line 3, delete "county fiscal body," and insert " township board,".
    Page 29, line 25, delete ":".
    Page 29, delete lines 26 through 27.
    Page 29, line 28, delete "(2)".
    Page 29, run in lines 25 through 28.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 405 as printed February 14, 2011.)

________________________________________

Senator YOUNG R


MO040502/DI 44
2011