SB 621-24_ Filed 04/04/2013, 07:27 Bartlett


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 621 be amended to read as follows:

SOURCE: Page 1, line 1; (13)MO062115.1. -->     Page 1, delete lines 1 through 15, begin a new paragraph and insert:
SOURCE: IC 3-5-2-25; (13)MO062115.1. -->     "SECTION 1. IC 3-5-2-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 25. "Fiscal body" means the following:
        (1) The county council, for a county not having a consolidated city.
        (2) The city-county council, for a consolidated city or county having a consolidated city.
        (3) The common council, for a second or third class city.
        (4) The town council, for a town.
        (5) The township board, for a township or not located in a county having a consolidated city.
        (6) For a township located in a county having a consolidated city:
            (A) the township board, before January 1, 2014; and
            (B) the city-county council, after December 31, 2013.

        (6) (7) The governing body or budget approval body, for any other political subdivision.
SOURCE: IC 3-8-1-31; (13)MO062115.2. -->     SECTION 2. IC 3-8-1-31 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 31. (a) A candidate for the office of constable of a small claims court must:
        (1) have resided in the township for more than one (1) year upon taking office; and
        (2) be at least twenty-one (21) years old of age upon taking office.
     (b) This section expires January 1, 2014.
SOURCE: IC 3-10-1-19; (13)MO062115.3. -->     SECTION 3. IC 3-10-1-19, AS AMENDED BY P.L.6-2012, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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) Local public questions shall be placed on the primary election ballot after the voting instructions described in subsection (a) and before the offices described in subsection (e).
    (c) The local public questions described in subsection (b) shall be placed:
        (1) in a separate column on the ballot if voting is by paper ballot;
        (2) after the voting instructions described in subsection (a) and before the offices described in subsection (e), in the form specified in IC 3-11-13-11 if voting is by ballot card; or
        (3) as provided by either of the following if voting is by an electronic voting system:
            (A) On a separate screen for a public question.
            (B) After the voting instructions described in subsection (a) and before the offices described in subsection (e), in the form specified in IC 3-11-14-3.5.
    (d) 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
    (e) 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) Prosecuting attorney.
            (E) 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. This subdivision does not apply to elections in 2014 and thereafter in a county having a consolidated city.
            (C) Township board member. This subdivision does not apply to elections in 2014 and thereafter in a county having a consolidated city.
            (D) Judge of the small claims court. This subdivision does not apply to elections in 2016 and thereafter in a county having a consolidated city.
            (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.
    (f) 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 (e):
        (1) Precinct committeeman.
        (2) State convention delegate.
    (g) The local offices to be elected at the primary election shall be placed on the primary election ballot after the offices described in subsection (f).
    (h) The offices described in subsection (g) shall be placed:
        (1) in a separate column on the ballot if voting is by paper ballot;
        (2) after the offices described in subsection (f) 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 (f) in the form specified in IC 3-11-14-3.5;
        if voting is by an electronic voting system.
SOURCE: IC 3-10-2-13; (13)MO062115.4. -->     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, 2013]: Sec. 13. 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. This subdivision does not apply to elections in 2014 and thereafter in a county having a consolidated city.
        (12) Township board member. This subdivision does not apply to elections in 2014 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. This subdivision does not apply to elections in 2016 and thereafter in a county having a consolidated city.
SOURCE: IC 3-11-1.5-32.5; (13)MO062115.5. -->     SECTION 5. IC 3-11-1.5-32.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 32.5. (a) This section applies to townships in a county containing a consolidated city.
    (b) The legislative body of a township may not change the boundary of a legislative body district established under IC 36-6-6-2.5 after November 8 of the year preceding the year in which an election is held to elect township board members and before the day following the date on which an election is held to elect township board members.
     (c) This section expires January 1, 2014.
SOURCE: IC 3-11-2-12; (13)MO062115.6. -->     SECTION 6. IC 3-11-2-12, AS AMENDED BY P.L.6-2012, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. The following offices shall be placed on the general election ballot in the following order after the public questions described in section 10(a) of this chapter:
        (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) Prosecuting attorney.
            (E) 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. This clause does not apply to elections in 2014 and thereafter in a county having a consolidated city.
            (C) Township board member. This clause does not apply to elections in 2014 and thereafter in a county having a consolidated city.
            (D) Judge of the small claims court.
            (E) Constable of the small claims court. This clause does not apply to elections in 2016 and thereafter in a county having a consolidated city.
        (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 5-9-4-7; (13)MO062115.7. -->     SECTION 7. IC 5-9-4-7, AS AMENDED BY P.L.1-2005, SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) Except as provided in subsection (b) or (c), an officeholder who elects to take the leave of absence described in section 6 of this chapter shall give written notice that the officeholder is taking a leave of absence for military service to the person or entity designated in IC 5-8-3.5-1 to receive a resignation for the office the officeholder holds.
    (b) An officeholder who is:
        (1) a justice of the supreme court, a judge of the court of appeals, or a judge of the tax court; or
        (2) a judge of a circuit, city, county, probate, or superior court;
shall give the written notice required by subsection (a) to the clerk of the supreme court.
    (c) An officeholder who holds a school board office shall give the written notice required by subsection (a) to the person or entity designated in IC 20-25-3, IC 20-25-4, IC 20-25-5, IC 20-23-12, IC 20-23-14, IC 20-23-15, IC 20-23-4, or IC 20-26 to receive a resignation for the office the officeholder holds.
    (d) The written notice required by subsection (a) must state that the officeholder is taking a leave of absence because the officeholder:
        (1) has been called for active duty in:
            (A) the armed forces of the United States; or
            (B) the national guard; and
        (2) will be temporarily unable to perform the duties of the officeholder's office.
SOURCE: IC 5-9-4-8; (13)MO062115.8. -->     SECTION 8. IC 5-9-4-8, AS AMENDED BY P.L.179-2011, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) Except as provided in subsection (b), during the officeholder's leave of absence, the officeholder's office must be filled by a temporary appointment made under:
        (1) IC 3-13-4;
        (2) IC 3-13-5;
        (3) IC 3-13-6;
        (4) IC 3-13-7;
        (5) IC 3-13-8;
        (6) IC 3-13-9;
        (7) IC 3-13-10;
        (8) IC 3-13-11;
        (9) IC 20-23-4;
        (10) IC 20-26;
        (11) IC 20-23-12;
        (12) IC 20-23-14;
        (13) IC 20-23-15;
        (14) IC 20-23-17;
        (15) IC 20-23-17.2;
        (16) IC 20-25-3; or
        (17) IC 20-25-4; or
        (18) IC 20-25-5;
in the same manner as a vacancy created by a resignation is filled.
    (b) For an officeholder who:
        (1) is:
            (A) a justice of the supreme court, a judge of the court of appeals, or a judge of the tax court; or
            (B) a judge of a circuit, city, county, probate, or superior court; and
        (2) is taking a leave of absence under this chapter;
the supreme court shall appoint a judge pro tempore to fill the officeholder's office in accordance with the court's rules and procedures.
    (c) The person selected or appointed under subsection (a) or (b) serves until the earlier of:
        (1) the date the officeholder's leave of absence ends as provided in section 10 of this chapter; or
        (2) the officeholder's term of office expires.
    (d) The person selected or appointed to an office under subsection (a) or (b):
        (1) assumes all the rights and duties of; and
        (2) is entitled to the compensation established for;
the office for the period of the temporary appointment.
SOURCE: IC 6-1.1-11-4; (13)MO062115.9. -->     SECTION 9. IC 6-1.1-11-4, AS AMENDED BY P.L.173-2011, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 December 31, 2014, in a county having a consolidated city, the mayor of the consolidated city;

        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;
            (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; or
            (D) other tangible property owned by a fraternity or sorority (as defined in IC 6-1.1-10-24).
        (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, an educational, literary, scientific, religious, or charitable use under IC 6-1.1-10-16, or use by a fraternity or sorority under IC 6-1.1-10-24; and
        (3) the property continues to meet the requirements for an exemption under IC 6-1.1-10-16, IC 6-1.1-10-21, or IC 6-1.1-10-24.
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, IC 6-1.1-10-21, or IC 6-1.1-10-24. 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, IC 6-1.1-10-21, or IC 6-1.1-10-24 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, IC 6-1.1-10-16, or IC 6-1.1-10-24. 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, IC 6-1.1-10-16, or IC 6-1.1-10-24.

SOURCE: IC 6-1.1-17-2; (13)MO062115.10. -->     SECTION 10. IC 6-1.1-17-2, AS AMENDED BY P.L.1-2006, SECTION 135, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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) This subsection applies only in a county having a consolidated city. When formulating a proposed annual budget estimate for 2014 and thereafter, the township executive and the city-county council shall, with regard to a township capital improvement fund or cumulative building fund, consider the township capital improvement plan prepared under IC 36-6-10.
    (d) This subsection applies only in a county having a consolidated city. After December 31, 2013, the city-county council shall fix the budget, tax rate, and tax levy of each township in the county under section 5 of this chapter.

SOURCE: IC 6-1.1-17-3; (13)MO062115.11. -->     SECTION 11. IC 6-1.1-17-3, AS AMENDED BY P.L.137-2012, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 or appropriate fiscal body, if the political subdivision is subject to section 20 of this chapter, 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.
The political subdivision or appropriate fiscal body shall also state the time and place at which the political subdivision or appropriate fiscal body will hold a public hearing on these items. The political subdivision or appropriate fiscal body shall publish the notice 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. The first publication must be before September 14, and the second publication must be before September 21 of the year. The political subdivision shall pay for the publishing of the notice.
    (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) 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 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 applies:
        (1) only to a county having a consolidated city; and
        (2) to budgets for calendar years after 2014 and to property taxes first due and payable after 2014.
Notwithstanding any other law, in 2014 and each year thereafter, the mayor of the consolidated city shall estimate the amount necessary to meet the cost of township assistance in the county for the ensuing calendar year. The city-county council shall adopt with the county budget for property taxes due in 2015 and each year thereafter a uniform tax rate throughout the county sufficient to meet the estimated cost of township assistance in the county. The property taxes collected as a result of the tax rate adopted under this subsection shall be credited to the
township assistance fund established under IC 12-20-21-6.
     (e) This subsection applies only in a county having a consolidated city. The following apply to township budgets adopted for 2014:
        (1) Except as provided in subdivision (2), the total amount appropriated by the township board for a particular year (including any additional appropriations made for that year) may not exceed the result of:
            (A) the total amount appropriated for the previous year (including any additional appropriations made for that year); multiplied by
            (B) the assessed value growth quotient determined under IC 6-1.1-18.5-2 and applicable to the township for the particular year.
        (2) If the city-county council determines after a public hearing that a township cannot carry out the township's governmental functions for 2013 under the appropriation limitations imposed by subdivision (1), the city-county council may appeal, before October 20, 2013, to the department of local government finance for relief from the appropriation limitations for the ensuing year. In the appeal, the city-county council must state that the township will be unable to carry out the governmental functions committed to the township by law unless the township is given relief from the appropriation limitations. The city-county council must support the appeal by reasonably detailed statements of fact. The department of local government finance shall review the merits of the appeal. If the department of local government finance determines after reviewing the appeal that the township cannot carry out the township's governmental functions for a year under the appropriation limitations imposed by subdivision (1), the department of local government finance

may grant relief from those appropriation limitations in the manner determined to be appropriate by the department of local government finance.
This subsection expires January 1, 2015.

SOURCE: IC 6-1.1-18.5-22; (13)MO062115.12. -->     SECTION 12. IC 6-1.1-18.5-22 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 22. (a) This section applies only in a county having a consolidated city.
    (b) A separate maximum permissible ad valorem property tax levy for township assistance shall be determined as provided in this section for 2015 and thereafter.
    (c) The county's maximum permissible ad valorem property tax levy for township assistance for property taxes first due and payable in 2015 is equal to the result of:
        (1) the total amount of property taxes levied for township assistance by all townships in the county for property taxes first due and payable in 2014; multiplied by
        (2) the assessed value growth quotient determined under section 2 of this chapter for 2015.
    (d) The county's maximum permissible ad valorem property tax levy for township assistance for property taxes for an ensuing calendar year after 2015 is equal to:
        (1) the county's maximum permissible ad valorem property tax levy for township assistance determined under this section for the current calendar year; multiplied by
        (2) the assessed value growth quotient determined under section 2 of this chapter for the ensuing calendar year.

SOURCE: IC 8-14-2-7; (13)MO062115.13. -->     SECTION 13. IC 8-14-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) An included town under IC 36-3-1-7 may transfer surplus allocated monies to the town general fund from the local road and street account if those monies have not been allocated or expended within the previous twenty-four (24) months.
     (b) This section expires January 1, 2015.
SOURCE: IC 12-7-2-22; (13)MO062115.14. -->     SECTION 14. IC 12-7-2-22, AS AMENDED BY P.L.145-2006, SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 22. "Board" means the following:
        (1) For purposes of IC 12-10-10 and IC 12-10-11, the community and home options to institutional care for the elderly and disabled board established by IC 12-10-11-1.
        (2) For purposes of IC 12-12-7-5, the meaning set forth in IC 12-12-7-5(a).
        (3) For purposes of IC 12-15-35, the meaning set forth in IC 12-15-35-2.
         (4) For purposes of IC 12-20, the meaning set forth in IC 12-20-1.5-2.
SOURCE: IC 12-7-2-24.9; (13)MO062115.15. -->     SECTION 15. IC 12-7-2-24.9, AS ADDED BY P.L.180-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 24.9. "Case contact", for purposes of IC 12-20-28-3 and IC 12-20-28-4, has the meaning set forth in IC 12-20-28-3(b). IC 12-20-28-3(c).
SOURCE: IC 12-7-2-140.5; (13)MO062115.16. -->     SECTION 16. IC 12-7-2-140.5, AS AMENDED BY P.L.3-2008, SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 140.5. "Plan", for purposes of:
         (1) IC 12-15-44.2, has the meaning set forth in IC 12-15-44.2-1; and
         (2) IC 12-20, means a township assistance plan prepared under IC 12-20-1.6.
SOURCE: IC 12-7-2-192.3; (13)MO062115.17. -->     SECTION 17. IC 12-7-2-192.3, AS AMENDED BY P.L.1-2006, SECTION 184, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 192.3. "Total number of households containing township assistance recipients", for purposes of IC 12-20-28-3 and IC 12-20-28-4, has the meaning set forth in IC 12-20-28-3(c). IC 12-20-28-3(d).
SOURCE: IC 12-7-2-192.4; (13)MO062115.18. -->     SECTION 18. IC 12-7-2-192.4, AS AMENDED BY P.L.180-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 192.4. "Total number of recipients", for purposes of IC 12-20-28-3 and IC 12-20-28-4, has the meaning set forth in IC 12-20-28-3(d). IC 12-20-28-3(e).
SOURCE: IC 12-7-2-192.5; (13)MO062115.19. -->     SECTION 19. IC 12-7-2-192.5, AS AMENDED BY P.L.180-2005, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 192.5. "Total number of requests for assistance", for purposes of IC 12-20-28-3 and IC 12-20-28-4, has the meaning set forth in IC 12-20-28-3(e). IC 12-20-28-3(f).
SOURCE: IC 12-20-1-4; (13)MO062115.20. -->     SECTION 20. IC 12-20-1-4, AS AMENDED BY P.L.73-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) This section does not apply to an attorney who is admitted to practice law in Indiana.
    (b) A person who receives any item of value from an applicant or a recipient in connection with assisting that applicant or recipient in obtaining township assistance commits township assistance profiteering, a Class C misdemeanor.
    (c) A person who unfairly profits from the:
        (1) sale, lease, or rental of goods or shelter; or
        (2) provision of services;
to a township assistance recipient commits township assistance fraud, a Class D felony. For purposes of this subsection, a person unfairly profits if the person receives payment from the township trustee or (after December 31, 2014, in a county having a consolidated city) the county trustee for goods or services that the person does not provide or the person charges the township trustee or (after December 31, 2014, in a county having a consolidated city) the county trustee

more for the goods or services than the person would charge members of the public.
    (d) In addition to any other penalty imposed for a conviction under subsection (c), a person who is convicted of township assistance fraud is ineligible to participate in the township assistance program for thirty (30) years after the date of the conviction.

SOURCE: IC 12-20-1-7; (13)MO062115.21. -->     SECTION 21. IC 12-20-1-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) This section applies only to a county having a consolidated city.
    (b) The county shall establish in 2015 a township assistance fund for the county.
    (c) Beginning with property taxes first due and payable in 2015, the fund shall be raised by a tax levy that:
        (1) is in addition to all other tax levies authorized; and
        (2) shall be levied annually by the city-county council on all taxable property in the county in the amount necessary to pay the items, awards, claims, allowances, assistance, and other expenses set forth in the annual county township assistance budget for the county.
    (d) The tax imposed under this section shall be collected as other county ad valorem taxes are collected.
    (e) The following shall be paid into the fund:
        (1) All receipts from the tax imposed under this section.
        (2) Earnings on the money deposited in the fund.
        (3) Any other money required by law to be placed in the fund.
    (f) The fund is available to pay 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 12-20-1.5; (13)MO062115.22. -->     SECTION 22. IC 12-20-1.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 1.5. Township Assistance Planning Board
     Sec. 1. This chapter applies only to a county having a consolidated city.
     Sec. 2. As used in this chapter, "board" means the township assistance planning board established for the county under section 3 of this chapter.
     Sec. 3. (a) The county shall establish a township assistance planning board. The mayor of the consolidated city shall appoint the members of the board not later than June 30, 2013. The board consists of the following members:
        (1) Four (4) members who are residents of the county. Two (2) of the members appointed under this subdivision may not be:
            (A) employed by; or
            (B) a party to a contract with;
        a township or a human services provider agency.
        Not more than two (2) members appointed under this subdivision may be members of the same political party.
        (2) One (1) person employed by a faith based human services provider agency.
        (3) One (1) person employed by a government funded human services provider agency.
        (4) One (1) person employed by a nonprofit human services provider agency.
        (5) Two (2) members of the city-county council. The members appointed under this subdivision may not be members of the same political party.
    (b) The county trustee appointed under IC 12-20-1.7 shall serve as an advisory member to the board after December 31, 2014. The advisory member has all the privileges of membership, except the right to vote.
    (c) A majority of the voting members of the board constitutes a quorum. An affirmative vote of a majority of the members of the board is required for the board to take action.
    Sec. 4. (a) The first meeting of the board shall be convened not later than August 1, 2013, by the member of the city-county council appointed to the board and designated by the mayor.
    (b) The board shall select a board member to be the board's chair at the board's first meeting.
    (c) The members of the board serve at the pleasure of the mayor.
    (d) The city-county council shall determine, in the manner provided by law, the compensation of the board members.
    (e) The board is a public agency for purposes of IC 5-14-1.5 and IC 5-14-3.
    Sec. 5. The board has the duty and responsibility to propose and annually review the county's township assistance standards. The standards apply to all townships in the county.
    Sec. 6. Before June 1, 2014, the board shall adopt a resolution approving standards that meet the requirements of this article and forward the resolution to the city-county council for adoption. The standards adopted by the city-county council take effect January 1, 2015.

SOURCE: IC 12-20-1.6; (13)MO062115.23. -->     SECTION 23. IC 12-20-1.6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 1.6. Plan for Delivery of Township Assistance Services Throughout the County
    Sec. 1. Except as specifically provided, this chapter applies after December 31, 2014, but only to a county having a consolidated city.
    Sec. 2. As used in this chapter, "board" means the township assistance planning board established for the county under

IC 12-20-1.5-3.
    Sec. 3. As used in this chapter, "plan" means a township assistance plan prepared by the board under this chapter.
    Sec. 4. (a) Before June 1, 2014, the board shall develop a plan for the delivery of township assistance services throughout the county that is consistent with the standards adopted under IC 12-20-1.5 and this chapter. The plan must apply to the provision of township assistance services after December 31, 2014.
    (b) In preparing a plan, the board shall make the following determinations:
        (1) Whether the county will:
            (A) provide township assistance services by means of the county's own workforce; or
            (B) contract with a service provider to provide some or all township assistance services.
        (2) Office hours, locations, and staffing levels.
    Sec. 5. (a) The board shall prepare and recommend a township assistance budget for calendar year 2015 to the mayor of the consolidated city. The mayor may reduce and modify but not increase the recommended budget.
    (b) The department of local government finance shall review the budget for calendar year 2015. If the budget spends more than the combined budgets of the existing townships, the department of local government finance may reduce and modify but not increase the budget.
    Sec. 6. (a) The board shall adopt a resolution approving the plan and forward the resolution to the city-county council for adoption.

     (b) If:
        (1) the city-county council adopts an ordinance approving the plan; and
        (2) the ordinance is approved by the mayor;
the plan and the transfer of township assistance responsibilities to the county take effect January 1, 2015.

SOURCE: IC 12-20-1.7; (13)MO062115.24. -->     SECTION 24. IC 12-20-1.7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 1.7. County Trustee
    Sec. 1. This chapter applies:
        (1) after December 31, 2014; and
        (2) only to a county having a consolidated city.
    Sec. 2. As used in this chapter, "department" refers to the department of township assistance established by section 3 of this chapter.
    Sec. 3. (a) The department of township assistance is established as an executive department of the consolidated city.
    (b) The department shall administer township assistance in the county.
    Sec. 4. (a) The mayor of the consolidated city shall appoint a county trustee as the executive head of the department. The county trustee shall carry out the county trustee's powers and duties as directed by the mayor.
    (b) The county trustee serves at the pleasure of the mayor.
    (c) The county trustee may not have a conviction for township assistance fraud under IC 12-20-1-4.
    (d) The county trustee is the director of the department for purposes of IC 36-3-5-2.
    Sec. 5. (a) The county trustee shall perform all duties related to township assistance that were performed by township trustees in the county before township government was abolished. The county trustee, in performing the powers and duties under this article and IC 12-30-4, acts as the administrator of township assistance for the county.
    (b) The county trustee shall perform the following duties and responsibilities in accordance with the county plan:
        (1) Administer emergency assistance within the standards adopted under IC 12-20-1.5, including:
            (A) accepting and processing applications for township assistance;
            (B) investigating applications for township assistance;
            (C) approving and denying applications for township assistance;
            (D) administering approved relief; and
            (E) working with other governmental and nonprofit providers of assistance to direct applicants to other resources.
        (2) Hire and manage staff for the department.
        (3) Operate township assistance offices.
        (4) Administer the township assistance fund established under IC 12-20-1-7.
        (5) Complete the annual township assistance statistical report under IC 12-20-28 and maintain data on township assistance.
        (6) If provided for in the county plan, conduct rehabilitation, training, and work programs.
        (7) Manage contracts with human services providers for any of the duties and responsibilities of the county trustee.
        (8) Any other responsibility provided for by law.

SOURCE: IC 12-20-2-1; (13)MO062115.25. -->     SECTION 25. IC 12-20-2-1, AS AMENDED BY P.L.73-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) This section does not apply after December 31, 2015, to a county having a consolidated city.
    (b)
A suit or proceeding in favor of or against a township trustee concerning township assistance shall be conducted in favor of or against the township in the township's corporate name.
SOURCE: IC 12-20-3-3; (13)MO062115.26. -->     SECTION 26. IC 12-20-3-3, AS AMENDED BY P.L.73-2005,

SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) This section does not apply after December 31, 2015, to a county having a consolidated city.
    (a) (b) If a township trustee, who serves as administrator of township assistance, is removed from office, resigns, or in any other way vacates the office of township trustee, the township trustee shall immediately deliver all books, papers, and other materials concerning the office to the trustee's successor upon the successor's appointment.
    (b) (c) If a township trustee, who serves as administrator of township assistance, dies, the township trustee's executors or administrators shall, not more than forty (40) days after the trustee's death, deliver all materials belonging to the township trustee's office to the trustee's successor in office.

SOURCE: IC 12-20-4-2; (13)MO062115.27. -->     SECTION 27. IC 12-20-4-2, AS AMENDED BY P.L.73-2005, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) This subsection does not apply after December 31, 2014, to a county having a consolidated city. The township trustee of each township, in the trustee's official capacity as chief executive officer within the township, may do the following:
        (1) Employ supervisors, investigators, assistants, or other necessary employees in discharging the township trustee's duties concerning the provision of township assistance.
        (2) Fix the salaries or wages to be paid to the supervisors, investigators, assistants, and other necessary employees employed by the township trustee.
     (b) This subsection applies after December 31, 2014, but only in a county having a consolidated city. The county trustee:
        (1) shall, subject to the approval of the city-county council, hire employees and staff; and

         (2) may, subject to the approval of the city-county council, establish offices throughout the county;
for the provision of township assistance in accordance with the county plan.

SOURCE: IC 12-20-4-3; (13)MO062115.28. -->     SECTION 28. IC 12-20-4-3, AS AMENDED BY P.L.73-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) This subsection does not apply after December 31, 2014, to a county having a consolidated city. The township trustee shall determine the number of township assistance supervisors, investigators, assistants, or other necessary employees that are employed by the township to administer township assistance.
    (b) This subsection applies after December 31, 2014, but only to a county having a consolidated city. The county trustee may:
        (1) in accordance with the county plan; and
        (2) subject to the approval of the city-county council;
determine the number of township assistance supervisors, investigators, assistants, or other necessary employees who are

employed by the county to administer township assistance.
    (b) (c) This subsection does not apply after December 31, 2014, to a county having a consolidated city. The pay of township assistance supervisors, investigators, assistants, and other necessary employees shall be fixed by the township trustee subject only to the total budgetary appropriation for personnel services for the administration of township assistance approved by the township board.
    (d) This subsection applies after December 31, 2014, but only to a county having a consolidated city. The pay of township assistance employees shall be fixed in the manner provided by law for other county salaries.

    (c) (e) This subsection does not apply after December 31, 2014, to a county having a consolidated city. A township assistance supervisor, investigator, assistant, or other necessary employee who uses an automobile in the performance of the employee's work is entitled to the same mileage paid to state officers and employees.
    (f) This subsection applies after December 31, 2014, but only to a county having a consolidated city. A township assistance employee of a county is entitled to a sum for mileage at a rate determined by the county fiscal body.

SOURCE: IC 12-20-4-5; (13)MO062115.29. -->     SECTION 29. IC 12-20-4-5, AS AMENDED BY P.L.73-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) This subsection does not apply after December 31, 2014, to a county having a consolidated city. The number of supervisors of township assistance investigators may not exceed one (1) supervisor for the first four (4) township assistance investigators. If there are more than four (4) township assistance investigators, the township trustee may employ one (1) additional supervisor for each twelve (12) township assistance investigators or major fraction of that number.
    (b) This subsection applies after December 31, 2014, but only to a county having a consolidated city. If there are more than four (4) township assistance investigators, the county trustee may, if provided by the county plan, and subject to the approval of the city-county council, employ one (1) additional supervisor for each twelve (12) township assistance investigators or major fraction of that number.

     (c) This subsection applies after December 31, 2014, but only to a county having a consolidated city. The county trustee may hire the number of additional supervisors provided for in the county plan.
    (b) (d) This subsection does not apply after December 31, 2014, to a county having a consolidated city. The pay for supervisors of township assistance investigators shall be fixed in the manner provided by law for other township salaries.
     (e) This subsection applies after December 31, 2014, but only to

a county having a consolidated city. The pay of township assistance investigators shall be fixed in the manner provided by law for other county salaries.

SOURCE: IC 12-20-4-11; (13)MO062115.30. -->     SECTION 30. IC 12-20-4-11, AS AMENDED BY P.L.73-2005, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. (a) A township assistance supervisor, investigator, assistant, or other necessary employee shall be paid only for the number of days the employee is actually engaged in employment during each month.
    (b) A township assistance supervisor, investigator, assistant, or other necessary employee shall be paid at the rate established by the township trustee from an appropriation by the township board with no deduction for legal holidays.
    (c) A township assistance supervisor, investigator, assistant, or other necessary employee shall be paid out of the same money as claims for township assistance are paid. Claims for pay are payable upon presentation of a sworn claim itemizing each day for which pay is requested. Claims are to be made and filed in the same manner as other claims for township assistance expenditures are payable, at least once each month.
    (d) Each township assistance chief deputy, investigator, supervisor, assistant, or other necessary employee may be granted paid vacation leave or sick leave under IC 5-10-6-1.
    (e) The township trustee of a township having a population of at least ten thousand (10,000) may appoint a chief deputy. A chief deputy may be paid from any township funds.
     (f) This section does not apply after December 31, 2014, to a county having a consolidated city.
SOURCE: IC 12-20-4-13; (13)MO062115.31. -->     SECTION 31. IC 12-20-4-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. The:
         (1) township trustee, may, with the approval of the township board; or
        (2) county trustee (after December 31, 2014, in a county having a consolidated city), if permitted by the county plan and subject to the approval of the city-county council;
may
employ personnel to supervise rehabilitation, training, retraining, and work programs as provided in IC 12-20-13.
SOURCE: IC 12-20-5-4; (13)MO062115.32. -->     SECTION 32. IC 12-20-5-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. This chapter does not apply after December 31, 2014, to a county having a consolidated city.
SOURCE: IC 12-20-5.5-2; (13)MO062115.33. -->     SECTION 33. IC 12-20-5.5-2, AS AMENDED BY P.L.73-2005, SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Standards for the administration of township assistance must contain establish at a minimum the following:
        (1) Criteria for determining township assistance eligibility.
        (2) Minimum requirements of township trustee accessibility.
        (3) Other information as needed, including the following:
            (A) Township office locations, hours, and days of availability.
            (B) Initial eligibility criteria.
            (C) Continuing eligibility criteria.
            (D) Workfare requirements.
            (E) Essential and nonessential assets.
            (F) Available resources.
            (G) Income exemptions.
            (H) Application process.
            (I) Countable income.
            (J) Countable assets.
            (K) Wasted resources.
    (b) Standards for the administration of township assistance must exclude a Holocaust victim's settlement payment received by an eligible individual from countable assets and countable income.
SOURCE: IC 12-20-5.5-5; (13)MO062115.34. -->     SECTION 34. IC 12-20-5.5-5, AS AMENDED BY P.L.73-2005, SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. The township's or (after December 31, 2013) county's standards for the administration of township assistance must include all applicable standards governing the provision of basic necessities, including maximum amounts, special conditions, or other limitations on eligibility, if any have been established for one (1) or more basic necessities.
SOURCE: IC 12-20-5.5-6; (13)MO062115.35. -->     SECTION 35. IC 12-20-5.5-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) A township trustee or, for standards applicable after December 31, 2013, in a county having a consolidated city, the city-county council, shall set income standards for the township that provide for financial eligibility in an amount consistent with reasonable costs of basic necessities in the trustee's particular township.
    (b) A township trustee or, for standards applicable after December 31, 2013, in a county having a consolidated city, the city-county council may not consider a Holocaust victim's settlement payment received by an eligible individual when setting income standards under this section.
SOURCE: IC 12-20-6-0.5; (13)MO062115.36. -->     SECTION 36. IC 12-20-6-0.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) As used in this section, "member of the applicant's household" includes any person who lives in the same residence as the applicant.
    (b) The township trustee or (after December 31, 2014, in the case of a county having a consolidated city) the county trustee shall determine whether an applicant or a member of the applicant's household has been denied assistance under IC 12-14-1-1, IC 12-14-1-1.5, IC 12-14-2-5.1, IC 12-14-2-5.3, IC 12-14-2-18, IC 12-14-2-20, IC 12-14-2-21, IC 12-14-2-24, IC 12-14-2-26,

IC 12-14-2.5, or IC 12-14-5.5.
    (c) A township trustee has no obligation to extend aid to an applicant or to a member of an applicant's household who has been denied assistance as described in subsection (b). This subsection does not apply after December 31, 2014, to a county having a consolidated city.
    (d) This subsection applies after December 31, 2014, but only to a county having a consolidated city. A county plan may provide that a county trustee has no obligation to extend aid to an applicant or to a member of an applicant's household who has been denied assistance as described in subsection (b).
    (d) (e) A township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee shall not extend aid to an applicant or to a member of an applicant's household if the applicant or the member of the applicant's household has been convicted of an offense under IC 35-43-5-7 or IC 35-43-5-7.1 as follows:
        (1) If the conviction is a misdemeanor, a township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee shall not extend aid to the applicant or the member of the applicant's household for one (1) year after the conviction.
        (2) If the conviction is a felony, a township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee shall not extend aid to the applicant or the member of the applicant's household for ten (10) years after the conviction.

SOURCE: IC 12-20-6-1; (13)MO062115.37. -->     SECTION 37. IC 12-20-6-1, AS AMENDED BY P.L.73-2005, SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) A township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee may not extend aid to an individual or a household unless an application and affidavit setting forth the personal condition of the individual or household has been filed with the trustee within one hundred eighty (180) days before the date aid is extended.
    (b) An individual filing an application and affidavit on behalf of a household must provide the names of all household members and any information necessary for determining the household's eligibility for township assistance. The application must be on the form prescribed by the state board of accounts.
    (c) An applicant for utility assistance under IC 12-20-16-3(a) must comply with IC 12-20-16-3(d). IC 12-20-16-3(e).
    (d) The township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee may not extend additional or continuing aid to an individual or a household unless the individual or household files an affidavit with the request for

assistance affirming how, if at all, the personal condition of the individual or the household has changed from that set forth in the individual's or household's most recent application.
    (e) The township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee shall assist an applicant for township assistance in completing a township assistance application if the applicant:
        (1) has a mental or physical disability, including mental retardation, cerebral palsy, blindness, or paralysis;
        (2) has dyslexia; or
        (3) cannot read or write the English language.

SOURCE: IC 12-20-6-3; (13)MO062115.38. -->     SECTION 38. IC 12-20-6-3, AS AMENDED BY P.L.145-2006, SECTION 112, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) Each township trustee or (after December 31, 2014, in the case of a county having a consolidated city) the county trustee shall obtain information about public assistance programs and services administered by the division of family resources and county offices under this article, the Social Security Administration, the federal Food Stamp program (7 U.S.C. 2011 et seq.), or by another federal or state governmental entity.
     (b) If a township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee believes a township assistance applicant or a member of the applicant's household may be eligible for a public assistance program, the trustee may not extend aid to the applicant or the applicant's household unless the applicant verifies that:
        (1) the applicant has filed, within the one hundred eighty (180) days preceding the application for township assistance, an application for assistance under a federal or state public assistance program administered by the division of family resources and county offices or by another federal or state governmental entity;
        (2) the applicant or a member of the applicant's household is receiving assistance under a public assistance program administered by the division of family resources and county offices or another federal or state governmental entity; or
        (3) the applicant or a member of the applicant's household has an emergency need that the trustee determines must be met immediately.
SOURCE: IC 12-20-6-5; (13)MO062115.39. -->     SECTION 39. IC 12-20-6-5, AS AMENDED BY P.L.145-2006, SECTION 113, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. If the township trustee or (after December 31, 2014, in the case of a county having a consolidated city) the county trustee determines that an applicant or a member of the applicant's household who is granted emergency township assistance under section 3(3) 3(b)(3) of this chapter may be eligible for

public assistance other than township assistance, the applicant shall, not more than fifteen (15) working days after the date that emergency township assistance was granted, file an application for public assistance and comply with all the requirements necessary for completing the application process for public assistance administered by the division of family resources and county offices or another federal or state governmental entity. An applicant or a member of the applicant's household who fails to file an application for public assistance not more than fifteen (15) working days after the date that emergency township assistance was granted may not be granted township assistance for sixty (60) days following the grant of township assistance on an emergency basis.

SOURCE: IC 12-20-6-5.5; (13)MO062115.40. -->     SECTION 40. IC 12-20-6-5.5, AS AMENDED BY P.L.145-2006, SECTION 114, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5.5. (a) This section does not apply in an emergency.
    (b) If, before granting township assistance, the township trustee or (after December 31, 2014, in the case of a county having a consolidated city) the county trustee determines that an applicant or a member of an applicant's household may be eligible for public assistance other than township assistance, the applicant or household member shall, when referred by the township trustee or the county trustee, make an application and comply with all necessary requirements for completing the application process for public assistance administered by:
        (1) the division of family resources and county offices; or
        (2) any other federal or state governmental entity.
    (c) An applicant or a household member who fails to:
        (1) file an application as specified in subsection (b); and
        (2) show evidence that the application, as referred by the township trustee or (after December 31, 2014, in the case of a county having a consolidated city) the county trustee was filed not more than fifteen (15) working days after the township trustee's referral;
may be denied township assistance for not more than sixty (60) days.
SOURCE: IC 12-20-6-6.5; (13)MO062115.41. -->     SECTION 41. IC 12-20-6-6.5, AS AMENDED BY P.L.73-2005, SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6.5. (a) If an individual has been convicted of an offense under IC 35-43-5-7, a township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee may not extend aid to or for the benefit of that individual for the following periods:
        (1) If the conviction is for a misdemeanor, for one (1) year after the conviction.
        (2) If the conviction is for a felony, for ten (10) years after the conviction.
    (b) If a township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee finds that an individual has obtained township assistance from any township or (after December 31, 2014) county by means of conduct described in IC 35-43-5-7, the township trustee or county trustee may refuse to extend aid to or for the benefit of that individual for sixty (60) days after the later of the:
        (1) date of the improper conduct; or
        (2) date aid was last extended to the individual based on the improper conduct.
SOURCE: IC 12-20-6-6.6; (13)MO062115.42. -->     SECTION 42. IC 12-20-6-6.6, AS AMENDED BY P.L.73-2005, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6.6. Notwithstanding any other provision of this article:
        (1) a township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee may not extend aid to or for the benefit of an individual if that aid would pay for goods or services provided to or for the benefit of the individual; and
        (2) a:
             (A) township; or
            (B)
after December 31, 2014, county having a consolidated city (if so provided in the county plan);
        is not obligated to pay the cost of basic necessities incurred on behalf of the household in which the individual resides;
during a period that the individual has previously applied for and been denied township assistance.
SOURCE: IC 12-20-6-7; (13)MO062115.43. -->     SECTION 43. IC 12-20-6-7, AS AMENDED BY P.L.73-2005, SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) In a case of emergency, a trustee shall accept and promptly act upon a completed application from an individual requesting assistance.
     (b) This subsection does not apply after December 31, 2014, to a county having a consolidated city. In a nonemergency request for township assistance, the trustee shall act on the completed application not later than seventy-two (72) hours after receiving the application, excluding weekends and legal holidays listed in IC 1-1-9. The trustee's office shall retain a copy of each application and affidavit whether or not relief is granted.
     (c) This subsection applies after December 31, 2014, but only to a county having a consolidated city. In a nonemergency request for township assistance, the county trustee shall act on the completed application not later than the earlier of the following:
        (1) The time specified in the county plan.
        (2) Seventy-two (72) hours after receiving the application, excluding weekends and legal holidays listed in IC 1-1-9.
The trustee's office shall retain a copy of each application and affidavit whether or not relief is granted.

    (b) (d) The actions that a trustee may take on a completed application for township assistance, except in a case of emergency, are the following:
        (1) Grant assistance.
        (2) Deny assistance, including a partial denial of assistance requested.
        (3) Leave the decision pending. After December 31, 2014, the county trustee in a county having a consolidated city may leave the decision pending only if permitted by the county plan.
    (c) (e) A decision pending determination under subsection (b)(3): (d)(3):
        (1) may not remain pending for more than seventy-two (72) hours after the expiration of the period described in subsection (a); (b); and
        (2) must include a statement listing the specific reasons that assistance is not granted or denied within the period required under subsection (a). (b).
This subsection does not apply after December 31, 2014, to a county having a consolidated city.
     (f) This subsection applies after December 31, 2014, but only to a county having a consolidated city. A decision that is pending under subsection (d)(3):
        (1) may not remain pending for more than the earlier of:
            (A) the period specified in the county plan; or
            (B) seventy-two (72) hours after the expiration of the period described in subsection (c); and
        (2) must include a statement listing the specific reasons that assistance is not granted or denied within the period required under subsection (c).

     (g) If a township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee does not:
        (1) accept a completed application for township assistance; or
        (2) grant or deny a completed application for township assistance within the period required under this section;
the application is considered denied, and the denial may be appealed under IC 12-20-15.1.

SOURCE: IC 12-20-6-8; (13)MO062115.44. -->     SECTION 44. IC 12-20-6-8, AS AMENDED BY P.L.73-2005, SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) A township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee shall promptly notify in writing each applicant for township assistance of action taken upon a completed application for township assistance, The trustee shall do including the following:
        (1) The trustee shall mail notice or provide personal notice not later than seventy-two (72) hours, excluding weekends and legal holidays listed in IC 1-1-9, after the completed application is received advising the applicant of the right to appeal an adverse decision of the trustee to the board of commissioners. This subdivision does not apply after December 31, 2014, to a county having a consolidated city.
         (2) This subdivision applies after December 31, 2014, but only to a county having a consolidated city. The trustee shall mail notice or provide personal notice not later than the earlier of:
            (A) the time specified in the county plan; or
            (B) seventy-two (72) hours, excluding weekends and legal holidays listed in IC 1-1-9, after the completed application is received;
        advising the applicant of the right to appeal an adverse decision of the trustee to the circuit court having jurisdiction in the county.

        (2) (3) The trustee shall include in the notice required under subdivision subdivisions (1) and (2) the following:
            (A) The type and amount of assistance granted.
            (B) The type and amount of assistance denied or partially granted.
            (C) Specific reasons for denying all or part of the assistance requested.
            (D) Information advising the applicant of the procedures for appeal to the board of commissioners or (after December 31, 2014, in the case of a county having a consolidated city) to the circuit court having jurisdiction in the county.
             (E) After December 31, 2014, in the case of a county having a consolidated city, any other information required by the county plan.
    (b) A copy of the notice described in subsection (a) shall be filed with the recipient's application and affidavit in the trustee's office.
    (c) An application for township assistance is not considered complete until all adult members of the requesting household have signed:
        (1) the township assistance application; and
        (2) any other form, instrument, or document:
            (A) required by law; or
            (B) determined necessary for investigative purposes by the trustee, as contained in the township's township assistance guidelines. standards.
This subsection does not apply after December 31, 2014, to a county having a consolidated city.
SOURCE: IC 12-20-6-9; (13)MO062115.45. -->     SECTION 45. IC 12-20-6-9, AS AMENDED BY P.L.73-2005, SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2013]: Sec. 9. (a) If an application for township assistance is made to the township trustee as administrator of township assistance or (after December 31, 2014, in the case of a county having a consolidated city) to the county trustee, the township trustee as administrator of township assistance, shall carefully investigate the circumstances of the applicant and each member of the applicant's household.
     (b) A township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee shall investigate to ascertain the following:
        (1) Legal residence.
        (2) Names and ages.
        (3) Physical condition relating to sickness or health.
        (4) Present and previous occupation.
        (5) Ability and capacity to perform labor.
        (6) The cause of the applicant's or household member's condition if the applicant or household member is found to be in need and the cause can be ascertained.
        (7) Whether the applicant or a member of the applicant's household is entitled to income in the immediate future from any source, including the following:
            (A) Past or present employment.
            (B) A pending claim or cause of action that may result in a monetary award being received by any member of the applicant's household claiming to be in need.
            (C) A pending determination for assistance from any other federal or state governmental entity.
        (8) The family relationships of the township assistance applicant.
        (9) Whether the township assistance applicant or members of the applicant's household have relatives able and willing to assist the applicant or a member of the applicant's household.

SOURCE: IC 12-20-6-10; (13)MO062115.46. -->     SECTION 46. IC 12-20-6-10, AS AMENDED BY P.L.73-2005, SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. (a) As used in this section, "relative" includes only the parent, stepparent, child, stepchild, sibling, stepsibling, grandparent, stepgrandparent, grandchild, or stepgrandchild of a township assistance applicant.
    (b) If an applicant who applies for township assistance or a member of the applicant's household has a relative living in the township or (after December 31, 2014, in the case of a county having a consolidated city) the county who is able to assist the applicant or member of the applicant's household, the township trustee shall, as administrator of township assistance and before granting aid a second time, ask the relative to help the applicant or member of the applicant's household, either with material relief or by furnishing employment.
    (c) A township trustee or (after December 31, 2014, in the case of

a county having a consolidated city) a county trustee may not use township assistance funds to pay the cost of an applicant's shelter with a relative who is the applicant's landlord if the applicant lives in:
        (1) the same household as the relative; or
        (2) housing separate from the relative and either:
            (A) the housing is unencumbered by mortgage; or
            (B) the housing has not been previously rented by the relative to a different tenant at reasonable market rates for at least six (6) months.
    (d) If shelter payments are made to a relative of a township assistance applicant on behalf of the applicant or a member of the applicant's household, the township trustee or (after December 31, 2014, in the case of a county having a consolidated city) the county trustee may file a lien against the relative's real property for the amount of township shelter assistance granted.

SOURCE: IC 12-20-7-0.5; (13)MO062115.47. -->     SECTION 47. IC 12-20-7-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) This section applies only to a county having a consolidated city.
    (b) After December 31, 2013, any reference in this chapter to "township board" is considered a reference to the city-county council.
    (c) After December 31, 2014, any reference in this chapter to:
        (1) "township" is considered a reference to the county; and
        (2) "township trustee" or "trustee" is considered a reference to the county trustee appointed under IC 12-20-1.7.

SOURCE: IC 12-20-7-1; (13)MO062115.48. -->     SECTION 48. IC 12-20-7-1, AS AMENDED BY P.L.145-2006, SECTION 115, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Each applicant and each adult member of the applicant's household seeking township assistance must consent to a disclosure and release of information about the applicant and the applicant's household before township assistance may be provided by the township trustee. The consent must be made by signing a form prescribed by the state board of accounts. The form must include the following:
        (1) The applicant's name, case number, and address.
        (2) The types of information being solicited, including the following:
            (A) Countable income.
            (B) Countable assets.
            (C) Wasted resources.
            (D) Relatives capable of providing assistance.
            (E) Past or present employment.
            (F) Pending claims or causes of action.
            (G) A medical condition if relevant to work or workfare requirements.
            (H) Any other information required by law.
        (3) The names of individuals, agencies, and township trustee offices that will receive the information.
        (4) The expiration date of the permission to disclose information.
    (b) Information that is declared to be confidential by state or federal statute may not be obtained under the consent form prescribed by this section.
    (c) The township trustee shall keep on file and shall make available to the division of family resources and office of Medicaid policy and planning upon request a copy of the signed consent form described in subsection (a).
    (d) The township trustee shall send to the county office a copy of the signed consent form described in subsection (a).
    (e) The division of family resources, county offices, and the office of Medicaid policy and planning shall make available to the township trustee upon request a copy of signed consent to disclosure and release of information forms in each entity's files.
    (f) If an individual who is required to sign a form under this section is unable to sign the form in the township trustee's office due to a physical or mental disability or illness, the township trustee shall make alternate arrangements to obtain the individual's signature.
SOURCE: IC 12-20-8-1.5; (13)MO062115.49. -->     SECTION 49. IC 12-20-8-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.5. (a) This section applies only to a county having a consolidated city.
    (b) Any reference in this chapter to:
        (1) "township" is considered a reference to the county; and
        (2) "township trustee" or "trustee" is considered a reference to the county trustee appointed under IC 12-20-1.7.

SOURCE: IC 12-20-8-1.6; (13)MO062115.50. -->     SECTION 50. IC 12-20-8-1.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.6. (a) This section applies after December 31, 2014, but only to a county having a consolidated city.
    (b) Notwithstanding any other law, the county may provide township assistance only to an individual who is a resident of the county or
who intends to make the county the individual's sole place of residence.
     (c) The county trustee may consider all relevant information that supports or refutes the individual's intent to make the township or county the individual's sole place of residence, except the length of time the individual has been located in the township or county.
SOURCE: IC 12-20-8-3; (13)MO062115.51. -->     SECTION 51. IC 12-20-8-3, AS AMENDED BY P.L.73-2005, SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The township trustee may deny township assistance to an individual if the township trustee determines that the

individual does not intend to make the township or county the individual's sole place of residence.
    (b) The township trustee may consider all relevant information that supports or refutes the individual's intent to make the township or county the individual's sole place of residence, except the length of time the individual has been located in the township or county.
     (c) This section does not apply after December 31, 2014, to a county having a consolidated city.

SOURCE: IC 12-20-9-0.5; (13)MO062115.52. -->     SECTION 52. IC 12-20-9-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) Notwithstanding any other law, after December 31, 2014, a county or county trustee is subject to section 3 or 5 of this chapter only if the provisions of the section are included in the county plan.
    (b) After December 31, 2014, any reference in this chapter to:
        (1) "township", in the case of a township in a county having a consolidated city, is considered a reference to the county; and
        (2) "township trustee" or "trustee", in the case of a county having a consolidated city, is considered a reference to the county trustee appointed under IC 12-20-1.7.

SOURCE: IC 12-20-10-0.5; (13)MO062115.53. -->     SECTION 53. IC 12-20-10-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. After December 31, 2014, any reference in this chapter to "county trustee" refers to the county trustee appointed under IC 12-20-1.7.
SOURCE: IC 12-20-10-3.5; (13)MO062115.54. -->     SECTION 54. IC 12-20-10-3.5, AS AMENDED BY P.L.73-2005, SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3.5. If a township assistance applicant or a member of the applicant's household claims an inability to work due to health, the township trustee or (after December 31, 2014, in the case of a county having a consolidated city) the county trustee, if permitted by the county plan, may require and provide for any medical examination necessary for the township trustee to determine whether the applicant or household member is able to perform work.
SOURCE: IC 12-20-10-4; (13)MO062115.55. -->     SECTION 55. IC 12-20-10-4, AS AMENDED BY P.L.73-2005, SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The township trustee may call upon residents of the township to aid in finding employment for a township assistance applicant who is able to work. This subsection does not apply after December 31, 2014, to a county having a consolidated city.
     (b) This subsection applies after December 31, 2014, but only to a county having a consolidated city. The county trustee may call upon residents of the county to aid in finding employment for a township assistance applicant who is able to work.
SOURCE: IC 12-20-11-0.5; (13)MO062115.56. -->     SECTION 56. IC 12-20-11-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) This section applies only to a county having a consolidated city.
    (b) After December 31, 2014, any reference in this chapter to:
        (1) "township" is considered a reference to the county; and
        (2) "township trustee" or "trustee" is considered a reference to the county trustee appointed under IC 12-20-1.7.

SOURCE: IC 12-20-12-1; (13)MO062115.57. -->     SECTION 57. IC 12-20-12-1, AS AMENDED BY P.L.73-2005, SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. As a condition of continuing eligibility, a township trustee or (after December 31, 2014, in the case of a county having a consolidated city) a county trustee may require a recipient of township assistance or any member of a recipient's household to participate in an appropriate work training program that is offered to the recipient or a member of the recipient's household within the county or an adjoining township in another county by a:
        (1) federal, state, or local governmental entity; or
        (2) nonprofit agency.
SOURCE: IC 12-20-13-0.5; (13)MO062115.58. -->     SECTION 58. IC 12-20-13-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) This section applies only to a county having a consolidated city.
    (b) Notwithstanding any other law, after December 31, 2014, the county is not subject to a provision of this chapter unless the county includes the provision in the county plan.

     (c) After December 31, 2013, any reference in this chapter to "township board" is considered a reference to the county fiscal body.
     (d) After December 31, 2014, any reference in this chapter to:
        (1) "township" is considered a reference to the county; and
        (2) "township trustee" or "trustee" is considered a reference to the county trustee appointed under IC 12-20-1.7.

SOURCE: IC 12-20-15-0.5; (13)MO062115.59. -->     SECTION 59. IC 12-20-15-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. This chapter does not apply after December 31, 2014, to a county having a consolidated city.
SOURCE: IC 12-20-15.1; (13)MO062115.60. -->     SECTION 60. IC 12-20-15.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 15.1. Appeals of Denial or Reduction in the Amount of Township Assistance in Counties Having a Consolidated City
    Sec. 1. This chapter applies after December 31, 2014, but only to a county having a consolidated city.
    Sec. 2. If an applicant for or recipient of township assistance is not satisfied with the decision of the county trustee, the applicant

or recipient may appeal to the circuit court in the county.
     Sec. 3. In hearing an appeal, the court is governed by the county's township assistance standards for determining eligibility for granting township assistance in the county adopted under IC 12-20-1.5. If legally sufficient standards have not been established, the court is guided by the circumstances of the case.

SOURCE: IC 12-20-16-0.6; (13)MO062115.61. -->     SECTION 61. IC 12-20-16-0.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.6. (a) This section applies only to a county having a consolidated city.
    (b) After December 31, 2013, any reference in this chapter
to "township board" is considered a reference to the county fiscal body.
     (c) After December 31, 2014, any reference in this chapter to:
        (1) "township" is considered a reference to the county; and
        (2) "township trustee" or "trustee" is considered a reference to the county trustee appointed under IC 12-20-1.7.

SOURCE: IC 12-20-17-0.5; (13)MO062115.62. -->     SECTION 62. IC 12-20-17-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) This section applies only to a county having a consolidated city.
    (b) Notwithstanding any other law, after December 31, 2014, the county or county trustee is not subject to section 2 or 4 of this chapter unless the county includes the provision in the county plan.
    (c) After December 31, 2013, any reference to "township board" is considered a reference to the city-county council.
    (d) After December 31, 2014, any reference in this chapter to:
        (1) "township" is considered a reference to the county; and
        (2) "township trustee" or "trustee" is considered a reference to the county trustee appointed under IC 12-20-1.7.

SOURCE: IC 12-20-18-0.5; (13)MO062115.63. -->     SECTION 63. IC 12-20-18-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) This section applies only to a county having a consolidated city.
    (b) Notwithstanding any other law, after December 31, 2014, the county or county trustee is not subject to any provision of this chapter unless the county includes the provision in the county plan.

     (c) After December 31, 2014, any reference in this chapter to:
        (1) "township" is considered a reference to the county; and
        (2) "township trustee" or "trustee" is considered a reference to the county trustee appointed under IC 12-20-1.7.

SOURCE: IC 12-20-19-0.5; (13)MO062115.64. -->     SECTION 64. IC 12-20-19-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) This section applies only to a county having a consolidated city.
    (b) Notwithstanding any other law, after December 31, 2014, the

county or county trustee is not subject to any provision of this chapter unless the county includes the provision in the county's plan.
    (c) After December 31, 2014, any reference in this chapter to:
        (1) "township" is considered a reference to the county; and
        (2) "township trustee" or "trustee" is considered a reference to the county trustee appointed under IC 12-20-1.7.

SOURCE: IC 12-20-20-1; (13)MO062115.65. -->     SECTION 65. IC 12-20-20-1, AS AMENDED BY P.L.73-2005, SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) After December 31, 2014, this subsection applies only to a county that does not have a consolidated city. If a township trustee, as administrator of township assistance, grants township assistance to an indigent individual or to any other person or agency on a township assistance order as provided by law or obligates the township for an item properly payable from township assistance money, the claim against the township must be:
        (1) itemized and sworn to as provided by law;
        (2) accompanied by the original township assistance order, which must be itemized and signed; and
        (3) checked with the records of the township trustee, as administrator of township assistance, and audited and certified by the township trustee.
    (b) After December 31, 2014, this subsection applies only to a county that does not have a consolidated city. The township trustee shall pay claims against the township for township assistance in the same manner that other claims against the township are paid. The township trustee, when authorized to pay claims directly to vendors, shall pay a claim within forty-five (45) days. The township trustee shall pay the claim from:
        (1) any balance standing to the credit of the township against which the claim is filed; or
        (2) from any other available fund from which advancements can be made to the township for that purpose.
    (c) This subsection applies after December 31, 2014, but only to a county having a consolidated city. A county trustee shall pay claims against the county for township assistance in the same manner that other claims against the county are paid.

SOURCE: IC 12-20-20-2; (13)MO062115.66. -->     SECTION 66. IC 12-20-20-2, AS AMENDED BY P.L.73-2005, SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) If money is not available for the payment of township assistance claims under section 1 of this chapter, the township board shall appeal to borrow money under IC 12-20-24.
    (b) This subsection does not apply to a county having a consolidated city. If the township board does not appeal to borrow money under IC 12-20-24 or if an appeal fails, the board of commissioners may borrow money or otherwise provide the money . If the county

commissioners determine to borrow the money or otherwise provide the money, the county fiscal body shall promptly pass necessary ordinances and make the necessary appropriations to enable this to be done, after determining whether to borrow money by any of the following:
        (1) A temporary loan against taxes levied and in the process of collection.
        (2) The sale of county township assistance bonds or other county obligations.
        (3) Any other lawful method of obtaining money for the payment of township assistance claims.
    (c) This subsection applies only to a county having a consolidated city. If a township board does not appeal to borrow money under IC 12-20-24 or if an appeal fails, the board of commissioners shall borrow money or otherwise provide the money. The county fiscal body shall promptly pass necessary ordinances and make the necessary appropriations to enable this to be done, after determining whether to borrow money by any of the following methods:
        (1) A temporary loan against taxes levied and in the process of collection.
        (2) The sale of county township assistance bonds or other county obligations.
        (3) Any other lawful method of obtaining money for the payment of township assistance claims.
     (d) After December 31, 2014, this section applies only to a county that does not have a consolidated city.

SOURCE: IC 12-20-20-4; (13)MO062115.67. -->     SECTION 67. IC 12-20-20-4, AS AMENDED BY P.L.73-2005, SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. The state board of accounts shall prescribe the forms for the purchase of and payment for township assistance items. After December 31, 2014, this section applies only to a county that does not have a consolidated city.
SOURCE: IC 12-20-21-2; (13)MO062115.68. -->     SECTION 68. IC 12-20-21-2, AS AMENDED BY P.L.169-2006, SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. Township assistance money raised by townships or (after December 31, 2014) a county having a consolidated city may not be commingled.
SOURCE: IC 12-20-21-3; (13)MO062115.69. -->     SECTION 69. IC 12-20-21-3, AS AMENDED BY P.L.73-2005, SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A township trustee and township board may levy a specific tax for the purpose of providing money for the payment of township assistance expenses in the following year. The tax may be sufficient to meet the entire requirement of the township in the following year or the part that is determined to be proper.
    (b) If a tax levy is established under subsection (a), all proceeds derived from the tax levy shall be distributed to the township at the

same time and in the same manner as proceeds from other property tax levies are distributed to the township. The proceeds of the tax levy shall be held by the township in its township assistance account free and available for the payment of township assistance obligations of the township. The funds are continuing funds and do not revert to any other fund at the end of the year.
     (c) After December 31, 2014, this section applies only to a county that does not have a consolidated city.

SOURCE: IC 12-20-21-6; (13)MO062115.70. -->     SECTION 70. IC 12-20-21-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) This section applies after December 31, 2014, but only to a county having a consolidated city. The county shall establish a township assistance fund not later than January 1, 2015.
    (b) The fund shall be raised by a tax levy that:
        (1) is in addition to all other tax levies authorized; and
        (2) shall be levied annually for property taxes first due and payable in 2015 and thereafter by the city-county council on all taxable property in the county in the amount necessary to pay the items, awards, claims, allowances, assistance, and other expenses set forth in the annual county township assistance budget.
    (c) The tax imposed under this section shall be collected as other state and county ad valorem property taxes are collected.
    (d) The following shall be paid into the fund:
        (1) All receipts from the tax imposed under this section.
        (2) Any other money required by law to be placed in the fund.
    (e) The fund is available to pay expenses and obligations set forth in the annual budget.
    (f) Money in the fund at the end of a budget year does not revert to the county general fund.

     (g) The department of local government finance shall, for property taxes first due and payable after December 31, 2014, adjust the maximum permissible ad valorem property tax levy of the county as necessary and proper to account for the transfer of township assistance budgeting and property tax levies from townships to the county after December 31, 2014.
SOURCE: IC 12-20-22-0.5; (13)MO062115.71. -->     SECTION 71. IC 12-20-22-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. After December 31, 2014, this chapter applies only to a county that does not have a consolidated city.
SOURCE: IC 12-20-24-0.5; (13)MO062115.72. -->     SECTION 72. IC 12-20-24-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. After December 31, 2014, this chapter applies only to a county that does not have a consolidated

city.

SOURCE: IC 12-20-24.5; (13)MO062115.73. -->     SECTION 73. IC 12-20-24.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
    Chapter 24.5. Township Assistance Borrowing for Counties Having a Consolidated City
     Sec. 1. This chapter applies after December 31, 2014, but only to a county having a consolidated city.
     Sec. 2. (a) In addition to the other methods of township assistance financing provided by this article, if the county trustee determines that the county's township assistance fund will be exhausted before the end of a fiscal year, the county trustee shall notify the city-county council of that determination.
     (b) After receiving notice under subsection (a) that the county's township assistance fund will be exhausted before the end of a fiscal year, the city-county council may appeal to the department of local government finance for the right to borrow money on a short term basis to fund township assistance services in the county. In the appeal, the city-county council must do the following:
        (1) Show that the amount of money contained in the township assistance fund will not be sufficient to fund services required to be provided within the county by this article.
        (2) Show the amount of money that the city-county council estimates will be needed to fund the deficit.
        (3) Indicate a period, not to exceed five (5) years, during which the county would repay the loan.

     Sec. 3. (a) If upon appeal under section 2 of this chapter the department of local government finance determines that the city-county council should be allowed to borrow money under this chapter, the department shall order the mayor of the consolidated city to borrow the money from a financial institution on behalf of the city-county council and to deposit the money borrowed in the county's township assistance fund.
     (b) If upon appeal under section 2 of this chapter, the department of local government finance determines that the city-county council should not be allowed to borrow money, the city-county council body may not borrow money under this chapter for that year.
     Sec. 4. If a loan is approved under this chapter, the department of local government finance shall determine the period during which the county shall repay the loan. However, the period may not exceed five (5) years.
     Sec. 5. The department of local government finance may not do any of the following:
        (1) Approve a request to borrow money made under this chapter unless the city-county council determines that the county's township assistance fund will be exhausted before the

fund can fund all township obligations incurred under this article.
        (2) Recommend or approve a loan that will exceed the estimated amount of the deficit.

     Sec. 6. (a) If the city-county council:
        (1) appeals before August 1 for permission to borrow money;
        (2) receives permission from the department to borrow money before November 1 of that year; and
        (3) borrows money under this chapter;
the city-county council shall levy a property tax beginning in the next succeeding year and continuing for the term of the loan in an amount each year that will be sufficient to pay the principal and interest due on the loan for the year.

     (b) If the city-county council:
        (1) appeals after August 1 for permission to borrow money;
        (2) receives permission from the department to borrow money; and
        (3) borrows money in the year of the appeal under this chapter;
the city-county council shall levy a property tax beginning in the second succeeding year and continuing for the term of the loan in an amount each year that will be sufficient to pay the principal and interest due on the loan for the year.
    (c) The property taxes levied under this section shall be retained by the mayor of the consolidated city and applied by the mayor to retire the debt.

     Sec. 7. The city-county council must make an additional appropriation before money borrowed under this chapter may be spent.

SOURCE: IC 12-20-25-0.5; (13)MO062115.74. -->     SECTION 74. IC 12-20-25-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. This chapter does not apply after December 31, 2014, to a county having a consolidated city.
SOURCE: IC 12-20-26-0.5; (13)MO062115.75. -->     SECTION 75. IC 12-20-26-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. This chapter does not apply after December 31, 2014, to a county having a consolidated city.
SOURCE: IC 12-20-27-0.5; (13)MO062115.76. -->     SECTION 76. IC 12-20-27-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) This section applies only to a county having a consolidated city.
    (b) Notwithstanding any other law, after December 31, 2014, any reference in this chapter to:
        (1) "township" is considered a reference to the county; and
        (2) "township trustee" or "trustee" is considered a reference to the county trustee appointed under IC 12-20-1.7.

SOURCE: IC 12-20-28-3; (13)MO062115.77. -->     SECTION 77. IC 12-20-28-3, AS AMENDED BY P.L.1-2009, SECTION 106, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) After December 31, 2014, this section applies only to a county that does not have a consolidated city.
    (a) (b) The definitions in this section apply to a report that is required to be filed under this section.
    (b) (c) As used in this section, "case contact" means any act of service in which a township employee has reason to enter a comment or narrative into the record of an application for township assistance under this article regardless of whether the applicant receives or does not receive township assistance funds.
    (c) (d) As used in this section, "total number of households containing township assistance recipients" means the sum to be determined by counting the total number of individuals who file an application for which assistance is granted. A household may be counted only once during a calendar year regardless of the number of times assistance is provided if the same individual makes the application for assistance.
    (d) (e) As used in this section, "total number of recipients" means the number of individuals who are members of a household that receives assistance on at least one (1) occasion during the calendar year. An individual may be counted only one (1) time during a calendar year regardless of the:
        (1) number of times assistance is provided; or
        (2) number of households in which the individual resides during a particular year.
    (e) (f) As used in this section, "total number of requests for assistance" means the number of times an individual or a household separately requests any type of township assistance.
    (f) (g) The township trustee shall file an annual statistical report on township housing, medical care, utility assistance, food assistance, burial assistance, food pantry assistance, services related to representative payee programs, services related to special nontraditional programs, and case management services with the state board of accounts. The township trustee shall provide a copy of the annual statistical report to the county auditor. The county auditor shall keep the copy of the report in the county auditor's office. Except as provided in subsection (k), (l), the report must be made on a form provided by the state board of accounts. The report must contain the following information:
        (1) The total number of requests for assistance.
        (2) The total number of each of the following:
            (A) Recipients of township assistance.
            (B) Households containing recipients of township assistance.
            (C) Case contacts made with or on behalf of:
                (i) recipients of township assistance; or
                (ii) members of a household receiving township assistance.
        (3) The total value of benefits provided to recipients of township assistance.
        (4) The total value of benefits provided through the efforts of township staff from sources other than township funds.
        (5) The total number of each of the following:
            (A) Recipients of township assistance and households receiving utility assistance.
            (B) Recipients assisted by township staff in receiving utility assistance from sources other than township funds.
        (6) The total value of benefits provided for the payment of utilities, including the value of benefits of utility assistance provided through the efforts of township staff from sources other than township funds.
        (7) The total number of each of the following:
            (A) Recipients of township assistance and households receiving housing assistance.
            (B) Recipients assisted by township staff in receiving housing assistance from sources other than township funds.
        (8) The total value of benefits provided for housing assistance, including the value of benefits of housing assistance provided through the efforts of township staff from sources other than township funds.
        (9) The total number of each of the following:
            (A) Recipients of township assistance and households receiving food assistance.
            (B) Recipients assisted by township staff in receiving food assistance from sources other than township funds.
        (10) The total value of food assistance provided, including the value of food assistance provided through the efforts of township staff from sources other than township funds.
        (11) The total number of each of the following:
            (A) Recipients of township assistance and households provided health care.
            (B) Recipients assisted by township staff in receiving health care assistance from sources other than township funds.
        (12) The total value of health care provided, including the value of health care assistance provided through the efforts of township staff from sources other than township funds.
        (13) The total number of funerals, burials, and cremations.
        (14) The total value of funerals, burials, and cremations, including the difference between the:
            (A) actual value of the funerals, burials, and cremations; and
            (B) amount paid by the township for the funerals, burials, and cremations.
        (15) The total of each of the following:
            (A) Number of nights of emergency shelter provided to the homeless.
            (B) Number of nights of emergency shelter provided to homeless individuals through the efforts of township staff from sources other than township funds.
            (C) Value of the nights of emergency shelter provided to homeless individuals by the township and the value of the nights of emergency shelter provided through the efforts of the township staff from sources other than township funds.
        (16) The total of each of the following:
            (A) Number of referrals of township assistance applicants to other programs.
            (B) Value of the services provided by the township in making referrals to other programs.
        (17) The total number of training programs or job placements found for recipients of township assistance with the assistance of the township trustee.
        (18) The number of hours spent by recipients of township assistance at workfare.
        (19) The total value of the services provided by workfare to the township and other agencies.
        (20) The total amount of reimbursement for assistance received from:
            (A) recipients;
            (B) members of recipients' households; or
            (C) recipients' estates;
        under IC 12-20-6-10, IC 12-20-27-1, or IC 12-20-27-1.5.
        (21) The total amount of reimbursement for assistance received from medical programs under IC 12-20-16-2(e).
        (22) The total of each of the following:
            (A) Number of individuals assisted through a representative payee program.
            (B) Amount of funds processed through the representative payee program that are not township funds.
        (23) The total of each of the following:
            (A) Number of individuals assisted through special nontraditional programs provided through the township without the expenditure of township funds.
            (B) Amount of funds used to provide the special nontraditional programs that are not township funds.
        (24) The total of each of the following:
            (A) Number of hours an investigator of township assistance spends providing case management services to a recipient of township assistance or a member of a household receiving township assistance.
            (B) Value of the case management services provided.
        (25) The total number of housing inspections performed by the township.
If the total number or value of any item required to be reported under this subsection is zero (0), the township trustee shall include the notation "0" in the report where the total number or value is required to be reported.
    (g) (h) The state board of accounts shall compare and compile all data reported under subsection (f) (g) into a statewide statistical report. The department shall summarize the data compiled by the state board of accounts that relate to the fixing of township budgets, levies, and tax rates and shall include the department's summary within the statewide statistical report prepared under this subsection. Before July 1 of each year, the state board of accounts shall file the statewide statistical report prepared under this subsection with the executive director of the legislative services agency in an electronic format under IC 5-14-6.
    (h) (i) The state board of accounts shall forward a copy of:
        (1) each annual report forwarded to the board under subsection (f); (g); and
        (2) the statewide statistical report under subsection (g); (h);
to the department and the division of family resources.
    (i) (j) The division of family resources shall include in the division's periodic reports made to the United States Department of Health and Human Services concerning the Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) programs information forwarded to the division under subsection (h) (i) concerning the total number of recipients of township assistance and the total dollar amount of benefits provided.
    (j) (k) The department may not approve the budget of a township trustee who fails to file an annual report under subsection (f) (g) in the preceding calendar year.
    (k) (l) This section does not prevent the electronic transfer of data required to be reported under IC 12-2-1-40 (before its repeal) or this section if the following conditions are met:
        (1) The method of reporting is acceptable to both the township trustee reporting the information and the governmental entity to which the information is reported.
        (2) A written copy of information reported by electronic transfer is on file with the township trustee reporting information by electronic means.
    (l) (m) The information required to be reported by the township trustee under this section shall be maintained by the township trustee in accordance with IC 5-15-6.
SOURCE: IC 12-20-28-4; (13)MO062115.78. -->     SECTION 78. IC 12-20-28-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) This section applies after

December 31, 2014, but only to a county having a consolidated city.
    (b) The definitions in section 3 of this chapter apply to a report that is required to be filed under this section.
    (c) As used in this section, "county trustee" means the county trustee appointed under IC 12-20-1.7.
    (d)
The county trustee shall file an annual statistical report on county housing, medical care, utility assistance, food assistance, burial assistance, food pantry assistance, services related to representative payee programs, services related to special nontraditional programs, and case management services with the state board of accounts. The county trustee shall provide a copy of the annual statistical report to the county auditor. The county auditor shall keep the copy of the report in the county auditor's office. The report must be made on a form provided by the state board of accounts. The report must contain the following information:
         (1) The total number of requests for assistance.
        (2) The total number of each of the following:
            (A) Recipients of township assistance.
            (B) Households containing recipients of township assistance.
            (C) Case contacts made with or on behalf of:
                (i) recipients of township assistance; or
                (ii) members of a household receiving township assistance.
        (3) The total value of benefits provided to recipients of township assistance.
        (4) The total value of benefits provided through the efforts of the county from sources other than county funds.
        (5) The total number of each of the following:

             (A) Recipients of township assistance and households receiving utility assistance.
            (B) Recipients assisted by staff of the county trustee in receiving utility assistance from sources other than county funds.
        (6) The total value of benefits provided for the payment of utilities, including the value of benefits of utility assistance provided through the efforts of the county from sources other than county funds.
        (7) The total number of each of the following:
            (A) Recipients of township assistance and households receiving housing assistance.
            (B) Recipients assisted by the county in receiving housing assistance from sources other than county funds.

         (8) The total value of benefits provided for housing assistance, including the value of benefits of housing assistance provided through the efforts of the county, from sources other than

county funds.
        (9) The total number of each of the following:
            (A) Recipients of township assistance and households receiving food assistance.
            (B) Recipients assisted by the county in receiving food assistance from sources other than county funds.
        (10) The total value of food assistance provided, including the value of food assistance provided through the efforts of the county from sources other than county funds.

         (11) The total number of each of the following:
            (A) Recipients of township assistance and households provided health care.
            (B) Recipients assisted by the county in receiving health care assistance from sources other than county funds.
        (12) The total value of health care provided, including the value of health care assistance provided through the efforts of the county from sources other than county funds.
        (13) The total number of funerals, burials, and cremations.
        (14) The total value of funerals, burials, and cremations, including the difference between the actual value of the funerals, burials, and cremations and the amount paid by the county for the funerals, burials, and cremations.
        (15) The total of each of the following:

             (A) Number of nights of emergency shelter provided to homeless individuals.
            (B) Number of nights of emergency shelter provided to homeless individuals through the efforts of the county from sources other than county funds.
            (C) Value of the nights of emergency shelter provided to homeless individuals by the county and the value of the nights of emergency shelter provided through the efforts of the county from sources other than county funds.
        (16) The total of each of the following:
            (A) Number of referrals of township assistance applicants to other programs.
            (B) Value of the services provided by the county in making referrals to other programs.

         (17) The total number of training programs or job placements found for recipients of township assistance with the assistance of the county trustee.
        (18) The number of hours spent by recipients of township assistance at workfare.
        (19) The total value of the services provided by workfare to the county and other agencies.
        (20) The total amount of reimbursement for assistance received from:
            (A) recipients;


            (B) members of recipients' households; or
            (C) recipients' estates;
        under IC 12-20-6-10, IC 12-20-27-1, or IC 12-20-27-1.5.
        (21) The total amount of reimbursement for assistance received from medical programs under IC 12-20-16-2(e).
        (22) The total of each of the following:

             (A) Number of individuals assisted through a representative payee program.
            (B) Amount of funds processed through the representative payee program that are not county funds.
        (23) The total of each of the following:
            (A) Number of individuals assisted through special nontraditional programs provided through the township or the county without the expenditure of county funds.
            (B) Amount of funds used to provide the special nontraditional programs that are not county funds.
        (24) The total of each of the following:
            (A) Number of hours an investigator of township assistance spends providing case management services to a recipient of township assistance or a member of a household receiving township assistance.
            (B) Value of the case management services provided.

         (25) The total number of housing inspections performed by the county.
If the total number or value of any item required to be reported under this subsection is zero (0), the board shall include the notation "0" in the report where the total number or value is required to be reported.
    (e) The department may not approve the budget of the county if an annual statistical report under subsection (d) in the preceding calendar year has not been filed.

     (f) This section does not prevent the electronic transfer of data required to be reported under IC 12-2-1-40 (before its repeal) or this section if the following conditions are met:
        (1) The method of reporting is acceptable to both the board reporting the information and the governmental entity to which the information is reported.
        (2) A written copy of information reported by electronic transfer is on file with the board reporting information by electronic means.
    (g) The information required to be reported by the board under this section shall be maintained by the county trustee in accordance with IC 5-15-6.

SOURCE: IC 12-30-4-0.5; (13)MO062115.79. -->     SECTION 79. IC 12-30-4-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) This section applies only to a county having a consolidated city.
    (b) Notwithstanding any other law, after December 31, 2014, any reference in this chapter to:
        (1) "township" is considered a reference to the county; and
        (2) "township trustee" or "trustee" is considered a reference to the county trustee appointed under IC 12-20-1.7.

SOURCE: IC 13-11-2-86; (13)MO062115.80. -->     SECTION 80. IC 13-11-2-86 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 86. "Fiscal body" means the following:
        (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 or in a county other than a county having a consolidated city.
        (6) For a township in a county having a consolidated city:

             (A) the township board, before January 1, 2014; and
            (B) the city-county council, after December 31, 2013.

        (6) (7) The board of directors of a conservancy district.
SOURCE: IC 15-16-7-4; (13)MO062115.81. -->     SECTION 81. IC 15-16-7-4, AS ADDED BY P.L.2-2008, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The weed control board consists of the following members to be appointed by the authorizing body:
        (1) One (1) member who is:
            (A) a
township trustee of a township in the county; or
             (B) after December 31, 2014, in the case of a county having a consolidated city, the county officer or employee responsible for the destruction of detrimental plants described in this chapter or the officer's or employee'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; (13)MO062115.82. -->     SECTION 82. IC 15-16-8-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2013]: Sec. 0.5. (a) This section applies only to a county having a consolidated city.
    (b) After December 31, 2014, the powers and duties established by this chapter are conferred and imposed on the mayor of the consolidated city or the mayor's designee with respect to property in a township that is located in the county.

     (c) After December 31, 2013, any reference in this chapter to "township board" is considered a reference to the city-county council.
    (d) After December 31, 2014, any reference in this chapter to:
        (1) "township" is considered a reference to the geographic area of a township in the county; and
        (2) "township trustee" or "trustee" is considered a reference to the mayor of the consolidated city or the mayor's designee to administer this chapter.

SOURCE: IC 16-41-19-7; (13)MO062115.83. -->     SECTION 83. IC 16-41-19-7, AS AMENDED BY P.L.73-2005, SECTION 169, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) As used in this section, "county trustee" means a county trustee appointed under IC 12-20-1.7.
     (b) As used in this section, "plan" means a township assistance plan prepared under IC 12-20-1.6.
    (a) (c) Except as provided in subsection (b), (d), 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 December 31, 2014, in the case of a county having a consolidated city, from funds in the county's township assistance fund;

not otherwise appropriated without appropriations.
    (b) (d) A:
         (1) township; or
        (2) (after December 31, 2014) county having a consolidated city;

is not responsible for paying for biologicals as provided in subsection (a)(2) (c)(2) or (c)(3) if the township trustee or (after December 31, 2014) county trustee has evidence that the individual has the financial ability to pay for the biologicals.
    (c) (e) After being presented with a legal claim for insulin being furnished to the same individual a second time, a township trustee or (after December 31, 2014) a county trustee, if provided in the county plan, 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 or (after December 31, 2014, in the case of a county having a consolidated city) the county.
The township or (after December 31, 2014, in the case of a county having a consolidated city) the county shall continue to furnish insulin under this section until the township trustee or the county trustee completes an investigation and makes a determination as to the individual's financial ability to pay for insulin.
    (d) (f) For purposes of this section, the township or (after December 31, 2014, in the case of a county having a consolidated city) the county shall consider an adult individual needing insulin as an individual and not as a member of a household requesting township assistance.

SOURCE: IC 20-25-1-1; (13)MO062115.84. -->     SECTION 84. IC 20-25-1-1, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. This article applies to the following:
         (1) Before July 1, 2015, a common school corporation that:
            (1) (A) is located in whole or in part in the most populous township in a county having a population of more than seven hundred thousand (700,000); city; and
            (2) (B) serves the largest geographical territory of any school corporation in the township.
        (2) After June 30, 2015, is the only school corporation for a county having a consolidated city.
SOURCE: IC 20-25-1-2; (13)MO062115.85. -->     SECTION 85. IC 20-25-1-2, IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) As used in this section, "consolidated school corporation" refers to the school corporation established by IC 20-25-3-0.1.
    (b) As used in this section, "dissolved school corporation" refers to every:
        (1) metropolitan school district;
        (2) school city, other than the school city referred to in section 1(1) of this chapter; and
        (3) school town.
    (c) As used in this section, "metropolitan school district" refers to a metropolitan school district located in a county having a consolidated city.
    (d) As used in this section, "school city" refers to a school city located in a county having a consolidated city.
    (e) As used in this section, "school town" refers to a school town located in a county having a consolidated city.
    (f) On July 1, 2015, the following apply:
        (1) Each dissolved school corporation is abolished.
        (2) The term of office of each member of the governing body of a dissolved school corporation is terminated.
        (3) A student of a dissolved school corporation becomes a student of the consolidated school corporation.
        (4) All the real and personal property owned by a dissolved school corporation become the property of the board.
        (5) All assets, including all money, of a dissolved school corporation are transferred to the board.
        (6) A contract or other obligation of a dissolved school corporation becomes a contract or obligation of the board.
        (7) An employee of a dissolved school corporation becomes an employee of the consolidated school corporation.
        (8) A teacher of a dissolved school corporation becomes an employee of the consolidated school corporation.
        (9) An employee of a dissolved school corporation remains a member of the pension fund that the employee was a member of on December 31, 2014. The employee retains, after the consolidation, credit in the fund for service earned while an employee of the dissolved school corporation and continues to earn service credit in that fund as a member of the consolidated school corporation for purposes of determining the member's benefits from the fund.
    (g) A reference to a dissolved school corporation in a statute, rule, or legal document is, after June 30, 2015, considered a reference to the consolidated school corporation.
    (h) The department of local government finance may adjust the budgets and tax rates of the consolidated school corporation and the distribution of any excise taxes as necessary and proper to account for the dissolution of school corporations as provided in this section.

SOURCE: IC 20-25-2-2; (13)MO062115.86. -->     SECTION 86. IC 20-25-2-2, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. "Administrator" means a full-time employee of a school in the school city corporation who is:
        (1) a principal;
        (2) an assistant principal; or
        (3) any other educational manager at the school.
SOURCE: IC 20-25-2-5; (13)MO062115.87. -->     SECTION 87. IC 20-25-2-5, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. "Board" refers to the local board of school commissioners established by IC 20-25-3-1.
SOURCE: IC 20-25-2-9; (13)MO062115.88. -->     SECTION 88. IC 20-25-2-9, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. "Neighborhood school" means the school of the

school city corporation located closest to a student's residence.

SOURCE: IC 20-25-2-12; (13)MO062115.89. -->     SECTION 89. IC 20-25-2-12 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 12. "School city" refers to a school corporation to which this article applies.
SOURCE: IC 20-25-2-12.1; (13)MO062115.90. -->     SECTION 90. IC 20-25-2-12.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2014]: Sec. 12.1. "School corporation" refers to the following:
        (1) Before July 1, 2015, the school city to which this article, as in effect on June 30, 2013, applied.
        (2) After June 30, 2015, the school corporation established by IC 20-25-3-0.1.

SOURCE: IC 20-25-2-14; (13)MO062115.91. -->     SECTION 91. IC 20-25-2-14, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. "Student" refers to a student enrolled in a the school city. corporation.
SOURCE: IC 20-25-2-17; (13)MO062115.92. -->     SECTION 92. IC 20-25-2-17, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. "Teacher" means a:
        (1) certified; and
        (2) full-time;
teacher in the school city. corporation.
SOURCE: IC 20-25-3-0.1; (13)MO062115.93. -->     SECTION 93. IC 20-25-3-0.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.1. Beginning July 1, 2015, a school corporation is established in a county having a consolidated city that consists of the consolidation of all school corporations operating in the county on June 30, 2015.
SOURCE: IC 20-25-3-1; (13)MO062115.94. -->     SECTION 94. IC 20-25-3-1, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) The government, management, and control of all common schools and common school libraries in the school city corporation are vested in a board of school commissioners that consists of seven (7) school commissioners.
    (b) Before July 1, 2015, the corporate name of the school city corporation is "The Board of School Commissioners of the City of ____________" (the blank being filled with the name of the civil city). and by that After June 30, 2015, the corporate name of the school corporation is "The Board of School Commissioners of Indianapolis - Marion County".
    (c) By the
corporate name described in subsection (b), the school city corporation shall:
        (1) contract;
        (2) be contracted with;
        (3) sue; and
        (4) be sued.
SOURCE: IC 20-25-3-2; (13)MO062115.95. -->     SECTION 95. IC 20-25-3-2, AS AMENDED BY P.L.2-2006, SECTION 112, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) The school city board has the following powers:
        (1) The powers conferred upon school cities by Acts 1871, c.15.
        (2) The powers conferred by law as of March 9, 1931, on boards of school commissioners in cities having a population of one hundred thousand (100,000) or more.
        (3) The powers conferred by all laws in effect as of March 9, 1931, on boards of school commissioners in cities having a population of more than two hundred thousand (200,000) or more than three hundred thousand (300,000).
        (4) The powers conferred under IC 20-26-1, IC 20-26-2, IC 20-26-3, IC 20-26-4, IC 20-26-5, IC 20-26-7, and IC 20-41-1, except as otherwise provided in this chapter.
    (b) A school city The board provided for by this chapter, in its respective school city, corporation, is liable for and must pay and discharge all of the indebtedness, liabilities, and obligations of a board elected in the school city under any of the statutes listed in this section and under this chapter.
    (c) The board is vested with the title and ownership of all property of every kind of the existing school city.
     (d) After June 30, 2015, the board, as governing body of the school corporation has all the powers, rights, duties, and obligations that the board had under this section before July 1, 2015.
SOURCE: IC 20-25-3-3; (13)MO062115.96. -->     SECTION 96. IC 20-25-3-3, AS AMENDED BY P.L.126-2012, SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A member of the board must:
        (1) be a resident voter of the school city; county; and
        (2) have been a resident of the school city county for at least one (1) year immediately preceding the member's election.
    (b) A board member may not:
        (1) serve in an elective or appointive office under the board or under the government of the civil consolidated city and county while serving on the board; or
        (2) knowingly have a pecuniary interest as described in IC 35-44.1-1-4 in a contract or purchase with the school city corporation in which the member is elected.
If, at any time after a member is elected to the board, the board member knowingly acquires a pecuniary interest in a contract or purchase with the school city, corporation, the member is disqualified to continue as a member of the board, and a vacancy in the office is created.
    (c) Each member of the board shall, before assuming the duties of office, take an oath, before a person qualified to administer oaths, that:
        (1) the member possesses all the qualifications required by this

chapter for membership on the board;
        (2) the member will honestly and faithfully discharge the duties of office;
        (3) the member will not, while serving as a member of the board, become interested, directly or indirectly, in any contract with or claim against the school city, corporation, except as authorized by law;
        (4) in the performance of official duties as a member of the board, including the selection of the board's officers, agents, and employees, the member will not be influenced by any consideration of politics or religion; and
        (5) the member will be controlled in the selection of officers, agents, and employees only by considerations of merit, fitness, and qualification.
    (d) Board members are entitled to receive compensation not to exceed the amount allowed under IC 20-26-4-7 and a per diem not to exceed the rate approved for members of the city-county council established under IC 36-3-4 for attendance at each regular and committee meeting as determined by the board.

SOURCE: IC 20-25-3-4; (13)MO062115.97. -->     SECTION 97. IC 20-25-3-4, AS AMENDED BY P.L.179-2011, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The board consists of seven (7) members. A member:
        (1) must be elected on a nonpartisan basis in general elections held in the county as specified in this section; and
        (2) serves a four (4) year term.
    (b) Five (5) members shall be elected from the school board districts in which the members reside, and two (2) members must be elected at large. Not more than two (2) of the members who serve on the board may reside in the same school board district.
    (c) If a candidate runs for one (1) of the district positions on the board, only eligible voters residing in the candidate's district may vote for that candidate. If a person is a candidate for one (1) of the at-large positions, eligible voters from all the districts may vote for that candidate.
    (d) If a candidate files to run for a position on the board, the candidate must specify whether the candidate is running for a district or an at-large position.
    (e) A candidate who runs for a district or an at-large position wins if the candidate receives the greatest number of votes of all the candidates for the position.
    (f) Districts shall be established within:
         (1) the school city, before July 1, 2015; and
        (2) the county, after June 30, 2015;

by the state board. The districts must be drawn on the basis of precinct lines, and as nearly as practicable, of equal population with the

population of the largest district not to exceed the population of the smallest district by more than five percent (5%). District lines must not cross precinct lines. The state board shall establish:
        (1) balloting procedures for the election under IC 3; and
        (2) other procedures required to implement this section.
    (g) A member of the board serves under section 3 of this chapter.
    (h) In accordance with subsection (k), a vacancy in the board shall be filled temporarily by the board as soon as practicable after the vacancy occurs. The member chosen by the board to fill a vacancy holds office until the member's successor is elected and qualified. The successor shall be elected at the next regular school board election occurring after the date on which the vacancy occurs. The successor fills the vacancy for the remainder of the term.
    (i) An individual elected to serve on the board begins the individual's term on January 1 immediately following the individual's election.
    (j) Notwithstanding any law to the contrary, each voter must cast a vote for a school board candidate or school board candidates by voting system or paper ballot. However, the same method used to cast votes for all other offices for which candidates have qualified to be on the election ballot must be used for the board offices.
    (k) If a vacancy in the board exists because of the death of a member, the remaining members of the board shall meet and select an individual to fill the vacancy in accordance with subsection (h) after the secretary of the board receives notice of the death under IC 5-8-6.

SOURCE: IC 20-25-3-5; (13)MO062115.98. -->     SECTION 98. IC 20-25-3-5, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. The board in a school city shall organize in the manner set forth in IC 20-26-4-1.
SOURCE: IC 20-25-3-6; (13)MO062115.99. -->     SECTION 99. IC 20-25-3-6, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) A member of a standing committee of the board provided for by the board's rules shall be appointed by the president within three (3) weeks after the president's election to the office of president.
    (b) Subject to the limitations in this chapter, the board may fix the salaries of each officer and employee of the board.
    (c) The board in:
        (1) electing and choosing a general superintendent; and
        (2) employing agents and employees that the board considers necessary to conduct the business of the school city; corporation;
shall choose individuals whose qualifications peculiarly fit the positions the individuals will occupy.
    (d) The board shall contract for and establish the amount of salary or compensation to be paid to each officer, agent, and employee chosen or elected by the board. The board shall adopt a schedule of salaries

that the board considers proper, and for the purpose of establishing a salary schedule, the board may divide teachers, principals, and other employees into classes based upon efficiency, qualifications, experience, and responsibility. Each principal, teacher, or employee in a class shall receive the same regular salary given to each of the other members of the same class, subject to the provisions of this article.
    (e) The board may:
        (1) by rule fix the time and the number of meetings of the board, except that one (1) regular meeting must be held in each calendar month; and
        (2) make, amend, and repeal bylaws and rules for:
            (A) the board's own procedure; and
            (B) the government and management of:
                (i) the board's schools; and
                (ii) property under the board's control.

SOURCE: IC 20-25-3-10; (13)MO062115.100. -->     SECTION 100. IC 20-25-3-10, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. (a) The superintendent shall act as general administrator of the school city and corporation. The superintendent shall make recommendations to the board concerning:
        (1) the conduct of the schools;
        (2) the employment and dismissal of personnel;
        (3) the purchase of supplies;
        (4) the construction of buildings; and
        (5) all other matters pertaining to the conduct of the schools within the general framework of the school laws of the state. Indiana.
    (b) The superintendent shall:
        (1) attend all meetings of the board, except when the superintendent's appointment is under consideration;
        (2) carry out the orders of the board; and
        (3) make all other decisions and perform all other duties that are prescribed by law or that reasonably fall within the superintendent's power and jurisdiction.
SOURCE: IC 20-25-3-12; (13)MO062115.101. -->     SECTION 101. IC 20-25-3-12, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. (a) An appointment or discharge of an employee of the school city corporation must be:
        (1) made in conformity with the rules of the board; and
        (2) reported at the meeting of the board that follows the date of each appointment or discharge by the superintendent.
    (b) The superintendent's actions reported to the board under this section are subject to the approval of the majority of the board.
    (c) A discharge operates as a suspension until the discharge is approved by the board.
    (d) A school employee of the school city corporation except a

probationary employee discharged before the end of the employee's probationary period, is entitled to request a hearing before being discharged. Upon written request for a hearing from the school employee, the superintendent shall appoint a hearing examiner.
    (e) The hearing examiner appointed by the superintendent under subsection (d) may be an individual on the school city's corporation's administrative staff or the school city's corporation's counsel, as long as the hearing examiner:
        (1) did not recommend the discharge of the employee;
        (2) will not be a witness at the hearing; and
        (3) has no involvement in the recommendation to discharge the employee.
    (f) The hearing examiner shall:
        (1) make a written report of the hearing examiner's findings and conclusions; and
        (2) submit the report to the superintendent.
    (g) An employee may appeal in writing an adverse decision of the hearing examiner to the board. Upon appeal, the board shall review the decision of the hearing examiner and may receive additional evidence or testimony.
    (h) The board shall adopt rules and procedures that afford an employee, other than a probationary employee, the right to a hearing and the right to appeal under this section.
    (i) This section does not apply to teachers.

SOURCE: IC 20-25-4-3; (13)MO062115.102. -->     SECTION 102. IC 20-25-4-3, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) This section does not apply if the board by formal vote elects to:
        (1) build;
        (2) enlarge;
        (3) make alterations to; or
        (4) make improvements to;
a school or building owned by the board if the project described in subdivisions (1) through (4) will cost not more than fifteen thousand dollars ($15,000) and the board intends to complete the project using its own employees.
    (b) If subsection (a) does not apply and the board determines to:
        (1) build;
        (2) enlarge;
        (3) make alterations to; or
        (4) make improvements to;
a school or building owned by the board, the cost of which is estimated to be more than ten thousand dollars ($10,000), the business manager or other board designated employee shall advertise for bids in the manner provided in subsection (c).
    (c) The advertisements for bids must be placed as follows:
        (1) One (1) advertisement must be placed each week for three (3) weeks.
        (2) The first advertisement must be placed at least twenty-one (21) days before the bids are opened.
        (3) The advertisement must be placed in two (2) newspapers of general circulation in the city. county.
The board shall enter in full in the minutes that advertisements for bids have been placed under this subsection.
    (d) If bids are taken under this section, a bid must be:
        (1) enclosed by the bidder in an envelope sealed by the bidder; and
        (2) presented at a meeting of the board or the bid committee of the board at the time and place fixed by the advertisement.
A bid may not be received after the time established in the advertisement.
    (e) The business manager at the hour established in the advertisements and in the presence of the board or the bid committee shall open all the bids. The bids must then be publicly read by a designated employee and be immediately entered in full in the records of the board.
    (f) The board shall, by general rules, specify the condition of each bid, and only the lowest and best bids from responsible bidders may be accepted. The board may, if the board has reason to suspect collusion among bidders, reject the bids of all bidders involved in the collusion.
SOURCE: IC 20-25-4-10; (13)MO062115.103. -->     SECTION 103. IC 20-25-4-10, AS AMENDED BY P.L.2-2006, SECTION 113, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. (a) If the compensation to be paid for the purchase of real estate or an interest in real estate required by the board for the board's purposes cannot be agreed upon or determined by the:
        (1) board; and
        (2) persons owning or having an interest in the land desired;
the board may, by eminent domain, determine the compensation and acquire the title to the real estate or interest in the real estate by court action under IC 32-24.
    (b) The right and power of the board to own and acquire real estate and interests in real estate in any manner and for any purpose specified in this chapter or by the general school laws of Indiana is not limited to real estate situated within the corporate boundaries of the civil city in which a school city is located. However, the right and power to acquire and own real estate extends to any parcel or trace of real estate the whole of which is situated:
        (1) within one-half (1/2) mile of the nearest point on the corporate boundary of the civil city;
        (2) within a platted territory:
            (A) outside but contiguous to; or
            (B) contiguous to another platted territory that is contiguous to;
        the corporate boundary of the civil city; or
        (3) within one-half (1/2) mile of the nearest point of the boundary of a platted territory:
            (A) outside but contiguous to; or
            (B) contiguous to another platted territory that is contiguous to;
        the corporate boundary of the civil city.
"Platted territory", as used in this subsection, means a territory or land area for which a plat has been recorded in the manner provided by Indiana law pertaining to the recording of plats of land.
    (c) Before acquiring any real estate or interest in real estate outside the corporate limits of the civil city, the board must, by resolution entered into the record of the board's corporate minutes, find and determine that, in the judgment of the board, the real estate or interest in real estate to be acquired will be needed for the future purposes of the board. This chapter does not limit the right of any board to accept, own, and hold real estate or an interest in real estate, wherever situated, that is acquired by the board by gift or devise. county.
SOURCE: IC 20-25-4-12; (13)MO062115.104. -->     SECTION 104. IC 20-25-4-12, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. (a) The board may do any of the following:
        (1) Except as provided in subsection (b), acquire by purchase, devise, gift, lease, or condemnation grounds needed by the school city, corporation.
        (2) Construct or lease buildings for school, school administration, or school office purposes.
        (3) Employ and pay all employees needed in any branch of the work committed to the board.
        (4) Disburse, according to law, all money of the school city, corporation, for lawful school city corporation purposes.
        (5) Have and exercise in the school city, corporation, full and exclusive:
            (A) authority concerning the conduct and management of all common schools, including elementary schools and high schools; and
            (B) power to establish and enforce all regulations for the:
                (i) grading of; and
                (ii) courses of;
            instruction in all schools and for the government and discipline of the schools.
        (6) Divide the:
             (A) city, before July 1, 2015; and
            (B) county, after June 30, 2015;

        into districts for school attendance purposes.
        (7) Maintain special day or night schools to which the board may admit adults and children at least fifteen (15) years of age. and
        (8) Maintain playgrounds and vacation schools.
    (b) The board may not acquire the following real property:
        Lots 693-719, inclusive, and 7 1/2 feet west of and adjacent to such lots, in Norcliffe Addition, an addition to the city of Indianapolis, as per plat thereof, recorded in plat book 18 at pages 165 and 166, in the office of the recorder of Marion County, Indiana.
SOURCE: IC 20-25-4-13; (13)MO062115.105. -->     SECTION 105. IC 20-25-4-13, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. The expense of operating special schools under section 12(a)(7) of this chapter and playgrounds and vacation schools under section 12(a)(8) of this chapter must be paid out of the board's general fund. The board may make and impose fees that the board considers reasonable for:
        (1) enrollment of any high school graduate in any class offered in a special school; and
        (2) enrollment by any person at least seventeen (17) years of age in any special school class that does not provide credit toward graduation or progression in the regularly maintained common schools in the school city, corporation.
The receipts from fees under this section become a part of the board's general fund.
SOURCE: IC 20-25-4-14; (13)MO062115.106. -->     SECTION 106. IC 20-25-4-14, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. (a) A The school city corporation may:
        (1) sell real estate;
        (2) transfer personal property; and
        (3) execute deeds of conveyance and instruments of transfer with or without covenants of warranty;
if, in the opinion of the board, the real estate or personal property cannot be advantageously used for school or library purposes and can be sold for its fair cash value.
    (b) A determination by the board that real estate or personal property cannot be advantageously used under subsection (a) must be entered into the record of the minutes of the school city's board.
SOURCE: IC 20-25-4-15; (13)MO062115.107. -->     SECTION 107. IC 20-25-4-15, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. (a) The board may, subject to the board's rules, authorize a member of the board or an officer or individual employed by the board to be absent from the school city corporation in the interest of the school city corporation without loss of compensation.
    (b) The board may refund to an individual described in subsection (a) necessary expenses incurred during the individual's absence. The amount refunded under this subsection must be paid from the board's

general fund.

SOURCE: IC 20-25-4-17; (13)MO062115.108. -->     SECTION 108. IC 20-25-4-17, AS AMENDED BY P.L.234-2007, SECTION 102, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. (a) If a the school city corporation acquires title to or possession of real estate, buildings, and personal property in the school city corporation by gift or donation, and the real estate, building, or personal property was used as an industrial or trade school for the education of youths in the trades of:
        (1) printing;
        (2) lithography;
        (3) machine making;
        (4) molding;
        (5) typesetting;
        (6) bricklaying;
        (7) tile setting;
        (8) pattern making;
        (9) pharmacy; or
        (10) other trades or occupations;
the board may, by the use of the board's school funds, maintain and operate the industrial or trade school or schools.
    (b) If real estate, a building, or personal property is acquired by the school city corporation under subsection (a), the board shall:
        (1) perform any conditions incident to the school city's corporation's acquisition of the property;
        (2) maintain and operate the trade school and real estate, building, or personal property;
        (3) employ competent instructors in the various subjects to be taught;
        (4) purchase all necessary tools, implements, supplies, and apparatus; and
        (5) establish general rules and requirements for:
            (A) admission of pupils to the school or schools;
            (B) the courses of instruction; and
            (C) the conduct of the trade or industrial schools;
        that, in the board's judgment, will produce the best results and give instruction to the largest practicable number of students.
The school city corporation may also use the real estate, building, or personal property acquired under subsection (a) for other school purposes, but not for any purpose that will materially interfere with the conduct of the trade or industrial schools.
    (c) The transfer tuition charge for each student who:
        (1) is transferred to the school city corporation from another school corporation in Indiana; and
        (2) receives trade or industrial instruction in a trade or industrial school located on property acquired under subsection (a);
must be the actual per capita cost of operating the school the student

attends. However, the costs of permanent improvements or additions, the salaries of the superintendents, or the costs of apparatus or repairing broken or damaged apparatus may not be used in computing the actual per capita cost.
    (d) If the school city corporation admits a student to a trade school acquired by means described in this section and the student is not, by law, entitled to school privileges, the tuition charge for the student may not be greater than the per capita cost of operating the school the student attends. The cost of permanent improvements and additions may not be included in computing the cost under this subsection.
    (e) A The school city corporation may admit to the school city's corporation's career and technical, trade, or industrial schools nonresidents of Indiana. A nonresident student must pay reasonable laboratory and shop fees and a tuition fee of not more than the per student cost to the school city corporation conducting the career and technical, trade, or industrial schools. A return on capital invested in buildings, grounds, or equipment may not be included in computing the per student cost under this subsection.

SOURCE: IC 20-25-4-18; (13)MO062115.109. -->     SECTION 109. IC 20-25-4-18, AS AMENDED BY P.L.234-2007, SECTION 103, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 18. (a) A The school city, corporation may accept property in trust to be used for common school or career and technical, trade, or industrial school purposes. The school city corporation, whether made trustee by appointment of a court or by the founder of the trust, may carry out the terms of the trust in conducting common schools or career and technical, trade, or industrial schools.
    (b) If a the school city corporation by:
        (1) resolution of; or
        (2) other formal corporate action of;
the board accepts real estate or other property in trust under subsection (a), the school city, corporation shall perform all requirements made conditions of the trust performable by the trustee.
SOURCE: IC 20-25-4-20; (13)MO062115.110. -->     SECTION 110. IC 20-25-4-20, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 20. (a) Before July 1, 2015, the general school laws of Indiana and all laws and parts of laws applicable to the general system of common schools in school cities, so far as not inconsistent with this chapter and other provisions of this article, and unless made inapplicable by this article, are in full force and effect in a the school city to which this chapter applies. corporation.
     (b) After June 30, 2015, the general school laws of Indiana, so far as not inconsistent with this article, apply to the school corporation.
SOURCE: IC 20-25-4-21; (13)MO062115.111. -->     SECTION 111. IC 20-25-4-21, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2013]: Sec. 21. This chapter applies to the school city corporation, to the extent the chapter is not in conflict with:
        (1) IC 20-23-4 and IC 20-23-16; and
        (2) the school reorganization plan applicable to the school city, corporation, before July 1, 2015, or the school city's corporation's successor corporation, after June 30, 2015, under the terms of IC 20-23-4 and IC 20-23-16.
However, IC 20-25-3-4 prevails over any conflicting provision of IC 20-23-4 and IC 20-23-16 and over the provisions of any school reorganization plan.

SOURCE: IC 20-25-4-22; (13)MO062115.112. -->     SECTION 112. IC 20-25-4-22, AS ADDED BY P.L.132-2007, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 22. The governing body of a school city board may establish a police department under IC 20-26-16.
SOURCE: IC 20-25-5; (13)MO062115.113. -->     SECTION 113. IC 20-25-5 IS REPEALED [EFFECTIVE JULY 1, 2013]. (Real Property Annexations and Transfers; Remonstrances).
SOURCE: IC 20-25-6; (13)MO062115.114. -->     SECTION 114. IC 20-25-6 IS REPEALED [EFFECTIVE JULY 1, 2013]. (Determination of School City Conditions and Needs).
SOURCE: IC 20-25-7-1; (13)MO062115.115. -->     SECTION 115. IC 20-25-7-1, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The school city corporation shall offer a parental choice program that allows a parent the opportunity to choose the school in the school city corporation that the parent's child will attend.
SOURCE: IC 20-25-8-2; (13)MO062115.116. -->     SECTION 116. IC 20-25-8-2, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Each school in the school city, corporation shall develop a written compact among:
        (1) the school;
        (2) the students;
        (3) the students' teachers; and
        (4) the students' parents.
    (b) A written compact must contain the expectations for:
        (1) the school;
        (2) the student;
        (3) the student's teachers; and
        (4) the student's parent.
    (c) Each educator at the school shall affirm and sign the compact.
    (d) Each student and the student's parent shall go to the school before the start of each school year to sign and affirm the compact.
SOURCE: IC 20-25-9-1; (13)MO062115.117. -->     SECTION 117. IC 20-25-9-1, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. IC 20-31-8 applies to the school city, corporation and its schools. The board shall use the student performance improvement levels established under IC 20-25-11 to:
        (1) assess;
        (2) report; and
        (3) improve;
the performance of schools, educators, and students in the school city or school corporation.
SOURCE: IC 20-25-9-5; (13)MO062115.118. -->     SECTION 118. IC 20-25-9-5, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. Each school in the school city corporation shall measure and record:
        (1) the students' achievement in reaching the school's student performance improvement levels established under IC 20-25-11;
        (2) student achievement information for the school described in IC 20-20-8-8 and IC 20-25-9-6; and
        (3) teacher and administrative performance information for the school described in IC 20-25-9-6;
which in each case must not be less rigorous than the student performance improvement levels and information developed and required under IC 20-31-8.
SOURCE: IC 20-25-9-6; (13)MO062115.119. -->     SECTION 119. IC 20-25-9-6, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. For all schools under this article, the report must include the following, in addition to the requirements of IC 20-20-8-8:
        (1) Student achievement information as follows:
            (A) For each elementary and middle school, grade advancement rates.
            (B) For each high school, the percentage of students who apply to, are accepted by, and attend a college, university, or other postsecondary educational institution after high school.
        (2) Administrative performance measures as follows:
            (A) School receipts and expenditures by source, compared with budget amounts.
            (B) Total school enrollment.
            (C) The school's general fund expenditures per student and total expenditures per student.
            (D) The amount and percentage of the school's general fund expenditures and the amount and percentage of total expenditures directly reaching the classroom as determined by a formula to be established by the board.
            (E) Teacher/pupil ratios totaled by class, grade, and school.
            (F) Administrator/pupil ratio for the school.
            (G) Teacher attendance rates totaled by class, grade, and school.
        (3) Achievement on the annual performance objectives identified under IC 20-25-11.
        (4) The performance objectives established under IC 20-25-11 for the upcoming school year.
        (5) State and school city, corporation averages for each of the measures set forth in subdivisions (1) through (2), if available.
SOURCE: IC 20-25-10-1; (13)MO062115.120. -->     SECTION 120. IC 20-25-10-1, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) The board shall modify, develop, and implement a plan for the improvement of student achievement in the schools in the school city. corporation.
    (b) A plan modified, developed, and implemented under this chapter must be consistent with this article and with IC 20-31-1, IC 20-31-2, IC 20-31-5, IC 20-31-6, IC 20-31-7, IC 20-31-8, IC 20-31-9, and IC 20-31-10.
SOURCE: IC 20-25-10-2; (13)MO062115.121. -->     SECTION 121. IC 20-25-10-2, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. The plan modified, developed, and implemented under this chapter must do the following:
        (1) Provide for efforts to increase support of the schools by:
            (A) the parents of students; and
            (B) the neighborhood communities surrounding the schools.
        (2) Establish student performance improvement levels for students in each school in the school city. corporation that are not less rigorous than the student performance improvement levels developed under IC 20-31.
        (3) Provide opportunity and support for the educators in each school to develop a school plan, including:
            (A) traditional or innovative methods and approaches to improve student achievement; and
            (B) efficient and cost effective management efforts in the school;
        that are developed consistently with IC 20-25-12-1 and with the board's plan developed under this chapter.
        (4) Require annual reports identifying the progress of student achievement for each school as described in IC 20-20-8-8 and IC 20-25-9-6.
        (5) Provide for the effective evaluation of:
            (A) each school in the school city, corporation; and
            (B) the school's educators;
        including the consideration of student achievement in the school.
        (6) Provide a range of opportunity for remediation of students who:
            (A) fail to meet state achievement standards; or
            (B) are at risk of academic failure.
        (7) Require action to raise the level of performance of a school if the school's students fail to achieve student performance improvement levels established for the school under IC 20-25-11-1.
SOURCE: IC 20-25-10-5; (13)MO062115.122. -->     SECTION 122. IC 20-25-10-5, AS AMENDED BY P.L.1-2006,

SECTION 324, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) The board shall annually assess and evaluate educational programs offered by the school city corporation to determine:
        (1) the relationship of the programs to improved student achievement; and
        (2) the educational value of the programs in relation to cost.
    (b) The board may obtain information from:
        (1) educators in the schools offering a program;
        (2) students participating in a program; and
        (3) the parents of students participating in a program;
in preparing an assessment and evaluation under this section. The assessment must include the performance of the school's students in achieving student performance improvement levels under IC 20-31-1, IC 20-31-5, IC 20-31-6, IC 20-31-7, IC 20-31-8, IC 20-31-9, IC 20-31-10, and IC 20-25-11.

SOURCE: IC 20-25-12-1; (13)MO062115.123. -->     SECTION 123. IC 20-25-12-1, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) IC 20-31-1, IC 20-31-2, IC 20-31-5, IC 20-31-6, IC 20-31-7, IC 20-31-8, IC 20-31-9, and IC 20-31-10 apply to the school city. corporation. The composition of a local school improvement committee is determined under IC 20-31-1, IC 20-31-2, IC 20-31-5, IC 20-31-6, IC 20-31-7, IC 20-31-8, IC 20-31-9, and IC 20-31-10.
    (b) The plan developed and implemented by the board under IC 20-25-10 must contain general guidelines for decisions by the educators in each school to improve student achievement in the school.
    (c) The board's plan shall provide for the publication to other schools in the school city corporation and to the general community those:
        (1) processes;
        (2) innovations; and
        (3) approaches;
that have led individual schools to significant improvement in student achievement.
SOURCE: IC 20-25-12-5; (13)MO062115.124. -->     SECTION 124. IC 20-25-12-5, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. The approved general fund budget for each school for a school year must be, as nearly as is reasonable and practicable, proportionate to the total general fund budget for the school city corporation in the same ratio as the school's estimated ADM compares to the school city's corporation's estimated ADM for that school year.
SOURCE: IC 20-25-13-7; (13)MO062115.125. -->     SECTION 125. IC 20-25-13-7, AS AMENDED BY P.L.1-2006, SECTION 326, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. IC 20-28-6-4 and IC 20-28-6-5

apply to certificated employees in the school city. corporation. A teacher's students' performance improvement levels under the assessment tests and programs of IC 20-31-1, IC 20-31-5, IC 20-31-6, IC 20-31-7, IC 20-31-8, IC 20-31-9, and IC 20-31-10 may be used as a factor, but not the only factor, to evaluate the performance of a teacher in the school city. corporation.

SOURCE: IC 20-25-14-1; (13)MO062115.126. -->     SECTION 126. IC 20-25-14-1, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) The school city corporation must provide summer remediation services to each student in a designated grade level who does not meet state achievement standards.
    (b) The school city corporation may provide summer remediation services to students of any other grade level who are determined by the school city corporation to be at risk of academic failure.
SOURCE: IC 20-25-14-2; (13)MO062115.127. -->     SECTION 127. IC 20-25-14-2, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. The board may:
        (1) request and receive competitive proposals from:
            (A) a school of the school city; corporation;
            (B) another public educational institution; or
            (C) a group of educators from the school city; corporation;
        to provide summer remediation services under guidelines and specified performance standards established by the board; and
        (2) contract with one (1) or more providers listed in subdivision (1) to provide summer remediation services to students in the school city. corporation.
SOURCE: IC 20-25-14-3; (13)MO062115.128. -->     SECTION 128. IC 20-25-14-3, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. The school city: corporation:
        (1) shall pay the cost of summer remediation services; and
        (2) may use all available funding from the state for the payment.
The purchase of remediation services is eligible for state reimbursement in the same manner as other state funding, including summer school funding.
SOURCE: IC 20-25-14-4; (13)MO062115.129. -->     SECTION 129. IC 20-25-14-4, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) Summer remediation services provided by contractors under section 2 of this chapter shall be provided at no tuition cost to the student.
    (b) Upon the request of the parent of a student described in section 1 of this chapter, the school city corporation shall provide the parent with a summer remediation subsidy in an amount equal to fifty percent (50%) of the lowest per student cost of summer remediation services provided by a contractor under section 2 of this chapter.
    (c) A parent to whom a summer remediation subsidy is provided may use the subsidy to purchase summer remediation services from a

provider located in Marion County. The parent may choose to use the remediation subsidy at an accredited public school. If the amount of tuition for the remediation services is greater than the amount of the remediation subsidy provided to the parent, the parent is responsible for the additional amount.
    (d) The allocated remediation subsidy is payable to a provider of remediation services upon the provider's enrollment of the student in the remediation program.
    (e) Payment of a remediation subsidy fulfills the obligation under this chapter of the school city corporation to provide remediation services to a student.
    (f) If a student who has received a remediation subsidy does not complete a remediation program, the provider of remediation services shall refund the remediation subsidy on a pro rata basis to the school city. corporation.

SOURCE: IC 20-25-15-1; (13)MO062115.130. -->     SECTION 130. IC 20-25-15-1, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. In addition to the consequences of IC 20-31-9, the board shall place a school in the school city corporation in academic receivership if the school fails for any two (2) consecutive school years to meet student performance improvement levels.
SOURCE: IC 20-25-15-3; (13)MO062115.131. -->     SECTION 131. IC 20-25-15-3, AS ADDED BY P.L.1-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) If a school is placed in academic receivership, the superintendent and the board must take action to raise the school's level of performance.
    (b) In addition to the consequences of IC 20-31-9, the actions that the superintendent and the board may take to raise the performance of a school in academic receivership include the following:
        (1) Shifting resources of the school city corporation to the school.
        (2) Changing or removing:
            (A) the school principal;
            (B) teachers;
            (C) administrators; or
            (D) other staff.
        (3) Establishing a new educational plan for the school.
        (4) Requiring the superintendent or another school city corporation appointee to administer the school until the academic receivership status of the school is removed.
        (5) Contracting with a:
            (A) for-profit organization;
            (B) nonprofit organization; or
            (C) individual;
        to manage the school.
        (6) Closing the school.
        (7) Any other management, personnel, or policy changes that the superintendent and board expect in the following school year to:
            (A) raise the performance of the school; and
            (B) avoid continuing academic receivership status for the school.
    (c) If this chapter is inconsistent with any other law relating to:
        (1) education;
        (2) teachers; or
        (3) common schools;
this chapter governs.
SOURCE: IC 20-25-16-1; (13)MO062115.132. -->     SECTION 132. IC 20-25-16-1, AS AMENDED BY P.L.73-2011, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. To provide the board with the necessary flexibility and resources to carry out this article, the following apply:
        (1) The board may:
            (A) eliminate or modify existing policies;
            (B) create new policies; and
            (C) alter policies;
        subject to this article and the plan developed under IC 20-25-10.
        (2) IC 20-29 applies to the school city, corporation, except for the provision of IC 20-29-6-7(a) that requires any items included in the 1972-1973 agreements between an employer school corporation and an employee organization to continue to be bargainable.
        (3) The board may waive the following statutes and rules for any school in the school city corporation without administrative, regulatory, or legislative approval:
            (A) The following rules concerning curriculum and instructional time:
                511 IAC 6.1-5-0.5
                511 IAC 6.1-5-1
                511 IAC 6.1-5-2.5
                511 IAC 6.1-5-3.5
                511 IAC 6.1-5-4.
            (B) 511 IAC 6.1-4-1 concerning student/teacher ratios.
            (C) 511 IAC 6.1-4-2 concerning school principals.
        (4) Notwithstanding any other law, a the school city corporation may do the following:
            (A) Lease school transportation equipment to others for nonschool use when the equipment is not in use for a school city corporation purpose.
            (B) Establish a professional development and technology fund to be used for:
                (i) professional development; or
                (ii) technology, including video distance learning.
            (C) Transfer funds obtained from sources other than state or

local government taxation to any account of the school corporation, including a professional development and technology fund established under clause (B).
        (5) Transfer funds obtained from property taxation to the general fund and the school transportation fund, subject to the following:
            (A) The sum of the property tax rates for the general fund and the school transportation fund after a transfer occurs under this subdivision may not exceed the sum of the property tax rates for the general fund and the school transportation fund before a transfer occurs under this subdivision.
            (B) This subdivision does not allow a the school corporation to transfer to any other fund money from the debt service fund.

SOURCE: IC 20-26-5-31; (13)MO062115.133. -->     SECTION 133. IC 20-26-5-31, AS ADDED BY P.L.122-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 31. (a) If a school corporation, including a school city (as defined in IC 20-25-2-12), corporation (as defined in IC 20-25-2-12.1), establishes a school corporation police department, the governing body of the school corporation shall adopt a policy that requires every individual appointed as a school corporation police officer to complete training and education, approved by the state board, that will enable the school corporation police officer to appropriately deal with individuals with autism and Asperger's syndrome.
    (b) This subsection applies to a regular or special police officer who is assigned as a security police officer for a school corporation under IC 36-8-3-7. The governing body of the school corporation to which the police officer is assigned shall ensure that the police officer receives training and education, approved by the state board, that will enable the police officer to appropriately deal with individuals with autism and Asperger's syndrome.
SOURCE: IC 20-26-16-1; (13)MO062115.134. -->     SECTION 134. IC 20-26-16-1, AS ADDED BY P.L.132-2007, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. This chapter applies to a school corporation, including a school city (as defined in IC 20-25-2-12). corporation (as defined in IC 20-25-2-12.1).
SOURCE: IC 20-41-2-7; (13)MO062115.135. -->     SECTION 135. IC 20-41-2-7, AS ADDED BY P.L.2-2006, SECTION 164, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. IC 20-25-4-19 applies to a lunch program established by a school city (as defined in IC 20-25-2-12). corporation (as defined in IC 20-25-2-12.1).
SOURCE: IC 20-45-7-3; (13)MO062115.136. -->     SECTION 136. IC 20-45-7-3, AS ADDED BY P.L.2-2006, SECTION 168, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. As used in this chapter, "ADA" means, as to any qualified school corporation, the average number of pupils in daily attendance in the qualified school corporation, determined in accordance with the rules established by the state board. If territory is transferred from one (1) school corporation to another

after April 4, 1973, under IC 20-4-4 (before its repeal), IC 20-3-14 (before its repeal), IC 20-23-5, or IC 20-25-5 (before its repeal), ADA ratio shall be interpreted as though the pupils in the territory had been transferred in the school year ending in 1973.

SOURCE: IC 20-45-7-4; (13)MO062115.137. -->     SECTION 137. IC 20-45-7-4, AS ADDED BY P.L.2-2006, SECTION 168, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. As used in this chapter, "ADA ratio" means, as to any qualified school corporation, the quotient resulting from a division of that qualified school corporation's current ADA by that qualified school corporation's ADA for the school year ending in 1973. However, in any case in which the quotient is less than one (1), the ADA ratio for the qualified school corporation is one (1). If territory is transferred from one (1) school corporation to another after April 4, 1973, under IC 20-4-4 (before its repeal), IC 20-3-14 (before its repeal), IC 20-23-5, or IC 20-25-5 (before its repeal), ADA ratio shall be interpreted as though the pupils in the territory had been transferred in the school year ending in 1973.
SOURCE: IC 20-45-7-9; (13)MO062115.138. -->     SECTION 138. IC 20-45-7-9, AS ADDED BY P.L.2-2006, SECTION 168, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. As used in this chapter, "current ADA" means the most recently determined ADA for the qualified school corporation in question. If territory is transferred from one (1) school corporation to another after April 4, 1973, under IC 20-4-4 (before its repeal), IC 20-3-14 (before its repeal), IC 20-23-5, or IC 20-25-5 (before its repeal), current ADA ratio shall be interpreted as though the pupils in the territory had been transferred in the school year ending in 1973.
SOURCE: IC 20-48-3-1; (13)MO062115.139. -->     SECTION 139. IC 20-48-3-1, AS ADDED BY P.L.2-2006, SECTION 171, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. This chapter applies only to a the school city; corporation to which IC 20-25 applies.
SOURCE: IC 20-48-3-3; (13)MO062115.140. -->     SECTION 140. IC 20-48-3-3, AS ADDED BY P.L.2-2006, SECTION 171, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. As used in this chapter, "school city" has the meaning set forth in IC 20-25-2-12. refers to the school corporation (as defined in IC 20-25-2-12.1).
SOURCE: IC 23-14-31-26; (13)MO062115.141. -->     SECTION 141. IC 23-14-31-26, AS AMENDED BY P.L.6-2012, SECTION 161, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 26. (a) Except as provided in subsection (c), the following persons, in the priority listed, have the right to serve as an authorizing agent:
        (1) A person:
            (A) granted the authority to serve in a funeral planning declaration executed by the decedent under IC 29-2-19; or
            (B) named in a United States Department of Defense form "Record of Emergency Data" (DD Form 93) or a successor

form adopted by the United States Department of Defense, if the decedent died while serving in any branch of the United States Armed Forces (as defined in 10 U.S.C. 1481) and completed the form.
        (2) An individual specifically granted the authority to serve in a power of attorney or a health care power of attorney executed by the decedent under IC 30-5-5-16.
        (3) The individual who was the spouse of the decedent at the time of the decedent's death, except when:
            (A) a petition to dissolve the marriage or for legal separation of the decedent and spouse is pending with a court at the time of the decedent's death, unless a court finds that the decedent and spouse were reconciled before the decedent's death; or
            (B) a court determines the decedent and spouse were physically and emotionally separated at the time of death and the separation was for an extended time that clearly demonstrates an absence of due affection, trust, and regard for the decedent.
        (4) The decedent's surviving adult child or, if more than one (1) adult child is surviving, the majority of the adult children. However, less than half of the surviving adult children have the rights under this subdivision if the adult children have used reasonable efforts to notify the other surviving adult children of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the surviving adult children.
        (5) The decedent's surviving parent or parents. If one (1) of the parents is absent, the parent who is present has authority under this subdivision if the parent who is present has used reasonable efforts to notify the absent parent.
        (6) The decedent's surviving sibling or, if more than one (1) sibling is surviving, the majority of the surviving siblings. However, less than half of the surviving siblings have the rights under this subdivision if the siblings have used reasonable efforts to notify the other surviving siblings of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the surviving siblings.
        (7) The individual in the next degree of kinship under IC 29-1-2-1 to inherit the estate of the decedent or, if more than one (1) individual of the same degree is surviving, the majority of those who are of the same degree. However, less than half of the individuals who are of the same degree of kinship have the rights under this subdivision if they have used reasonable efforts to notify the other individuals who are of the same degree of kinship of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the individuals who

are of the same degree of kinship.
        (8) If none of the persons described in subdivisions (1) through (7) are available, any other person willing to act and arrange for the final disposition of the decedent's remains, including a funeral home that:
            (A) has a valid prepaid funeral plan executed under IC 30-2-13 that makes arrangements for the disposition of the decedent's remains; and
            (B) attests in writing that a good faith effort has been made to contact any living individuals described in subdivisions (1) through (7).
        (9) In the case of an indigent or other individual whose final disposition is the responsibility of the state, or township, or (after December 31, 2014) a county trustee in the case of a county having a consolidated city, the following may serve as the authorizing agent:
            (A) If none of the persons identified in subdivisions (1) through (8) are available:
                (i) a public administrator, including a responsible township trustee or the trustee's designee; or
                (ii) the coroner.
            (B) A state appointed guardian.
        However, an indigent decedent may not be cremated if a surviving family member objects to the cremation or if cremation would be contrary to the religious practices of the deceased individual as expressed by the individual or the individual's family.
        (10) In the absence of any person under subdivisions (1) through (9), any person willing to assume the responsibility as the authorizing agent, as specified in this article.
    (b) When a body part of a nondeceased individual is to be cremated, a representative of the institution that has arranged with the crematory authority to cremate the body part may serve as the authorizing agent.
    (c) If:
        (1) the death of the decedent appears to have been the result of:
            (A) murder (IC 35-42-1-1);
            (B) voluntary manslaughter (IC 35-42-1-3); or
            (C) another criminal act, if the death does not result from the operation of a vehicle; and
        (2) the coroner, in consultation with the law enforcement agency investigating the death of the decedent, determines that there is a reasonable suspicion that a person described in subsection (a) committed the offense;
the person referred to in subdivision (2) may not serve as the authorizing agent.
    (d) The coroner, in consultation with the law enforcement agency

investigating the death of the decedent, shall inform the crematory authority of the determination referred to in subsection (c)(2).
    (e) If a person vested with a right under subsection (a) does not exercise that right not later than seventy-two (72) hours after the person receives notification of the death of the decedent, the person forfeits the person's right to determine the final disposition of the decedent's remains, and the right to determine final disposition passes to the next person described in subsection (a).
    (f) A crematory authority owner has the right to rely, in good faith, on the representations of a person listed in subsection (a) that any other individuals of the same degree of kinship have been notified of the final disposition instructions.
    (g) If there is a dispute concerning the disposition of a decedent's remains, a crematory authority is not liable for refusing to accept the remains of the decedent until the crematory authority receives:
        (1) a court order; or
        (2) a written agreement signed by the disputing parties;
that determines the final disposition of the decedent's remains. If a crematory authority agrees to shelter the remains of the decedent while the parties are in dispute, the crematory authority may collect any applicable fees for storing the remains, including legal fees that are incurred.
    (h) Any cause of action filed under this section must be filed in the probate court in the county where the decedent resided, unless the decedent was not a resident of Indiana.
    (i) A spouse seeking a judicial determination under subsection (a)(3)(A) that the decedent and spouse were reconciled before the decedent's death may petition the court having jurisdiction over the dissolution or separation proceeding to make this determination by filing the petition under the same cause number as the dissolution or separation proceeding. A spouse who files a petition under this subsection is not required to pay a filing fee.

SOURCE: IC 23-14-33-3.5; (13)MO062115.142. -->     SECTION 142. IC 23-14-33-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3.5. (a) This section applies only to a county having a consolidated city.
    (b) After December 31, 2014, the powers and duties established by this chapter through IC 23-14-76 are conferred and imposed on the mayor of the consolidated city or the mayor's designee with respect to property in the county.

     (c) After December 31, 2013, any reference in this chapter through IC 23-14-76 to "township board" is considered a reference to the city-county council.
    (d) After December 31, 2014, any reference in this chapter through IC 23-14-76 to:
        (1) "township" is considered a reference to the geographic

area of the township in the county; and
        (2) "township trustee" or "trustee" is considered a reference to the county executive or the county executive's designee to administer this chapter.

SOURCE: IC 32-26-4-2; (13)MO062115.143. -->     SECTION 143. IC 32-26-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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, after December 31, 2014, in the case of a township in a county having a consolidated city, the duties and obligations of a township trustee under this chapter are transferred to the mayor of the consolidated city or the mayor's designee. 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, 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; (13)MO062115.144. -->     SECTION 144. IC 32-26-9-0.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.6. (a) This section applies only to a county having a consolidated city.
    (b) After December 31, 2014, the powers and duties established by this chapter are conferred and imposed on the mayor of the consolidated city or the mayor's designee with respect to property in the county.

     (c) After December 31, 2013, any reference in this chapter to "township board" is considered a reference to the city-county council.
    (d) After December 31, 2014, any reference in this chapter to:
        (1) "township" is considered a reference to the geographic area of a township in the county; and
        (2) "township trustee" or "trustee" is considered a reference to the mayor of the consolidated city or the mayor's designee to administer this chapter.

SOURCE: IC 33-34-1-2; (13)MO062115.145. -->     SECTION 145. IC 33-34-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) There are established township small claims courts in each county containing a consolidated city.
    (b) The name of each court shall be the "__________ Township of Marion County Small Claims Court" (insert the name of the township in the blank).
     (c) This subsection applies after December 31, 2014. Except as provided by Indiana law, the small claims courts established under this chapter operate independently from the circuit and superior courts. Except for adopting the budget and approving salaries, the city-county council does not have authority over a small claims court judge and the operations of a small claims court. The executive committee of the superior court does not have authority over a small claims court judge and the operations of a small claims court.
SOURCE: IC 33-34-1-8; (13)MO062115.146. -->     SECTION 146. IC 33-34-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. The township trustee or (after December 31, 2014, in a county having a consolidated city) the clerk of the city-county council 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; (13)MO062115.147. -->     SECTION 147. IC 33-34-1-9, AS AMENDED BY P.L.174-2006, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. Not more than two (2) weeks after a hearing is conducted under section 7 of this chapter, the township board or (after December 31, 2013) the 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; (13)MO062115.148. -->     SECTION 148. IC 33-34-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 or (after December 31, 2014) in an amount established by ordinance adopted by the city-county council.
    (b) The salary of each judge who serves part time must be in an amount:
         (1) determined by the township board and approved by the city-county council ; or
        (2) after December 31, 2014, 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:
         (1) by the township board of the township in which the small claims court is located; or
        (2) after December 31, 2014, by ordinance adopted by the
city-county council.
SOURCE: IC 33-34-2-6; (13)MO062115.149. -->     SECTION 149. IC 33-34-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) The annual salary of a judge shall be paid in twelve (12) equal monthly installments by the township trustee and, after December 31, 2014, the mayor of the consolidated city.
    (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; (13)MO062115.150. -->     SECTION 150. IC 33-34-2-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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. This subsection expires January 1, 2015.
     (b) This subsection applies after December 31, 2014. The resignation of a judge shall be delivered to the clerk of the circuit court. The clerk shall advise the circuit court.
    (b) (c) A vacancy occurring in a judgeship must be filled under IC 3-13-10.

SOURCE: IC 33-34-5-4; (13)MO062115.151. -->     SECTION 151. IC 33-34-5-4, AS AMENDED BY P.L.174-2006, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 the township trustee as accruable to the small claims judge in whose place the appointee is serving.
SOURCE: IC 33-34-6-1; (13)MO062115.152. -->     SECTION 152. IC 33-34-6-1, AS AMENDED BY P.L.174-2006, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The township trustee or after December 31, 2014, the mayor of the consolidated city, 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; (13)MO062115.153. -->     SECTION 153. IC 33-34-6-2, AS AMENDED BY P.L.174-2006, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. A township or, after December 31, 2014, the mayor of the consolidated city 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; (13)MO062115.154. -->     SECTION 154. IC 33-34-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) This subsection applies before January 1, 2015. Each township 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.
     (b) This subsection applies after December 31, 2014. The judges shall establish, with the approval of the city-county council, 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; (13)MO062115.155. -->     SECTION 155. IC 33-34-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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) 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) This section expires January 1, 2015.

SOURCE: IC 33-34-6-4.5; (13)MO062115.156. -->     SECTION 156. IC 33-34-6-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.5. (a) Subject to subsection (b), this section applies after December 31, 2014.
    (b) Not later than June 30, 2014, a designee of the mayor of the consolidated city shall begin a transition process with the constables of the small claims courts in the county to properly transfer the functions, duties, and responsibilities of the constables to the mayor. The designee of the mayor shall present to the mayor a report on the status of the transition. The report is a public record for purposes of IC 5-14-3 and shall be made available to the public upon request. The transfer of the functions, duties, and responsibilities of each constable to the mayor is effective January 1, 2015. On January 1, 2015, all:
        (1) assets;
        (2) debts;
        (3) property rights;
        (4) equipment;
        (5) records; and
        (6) contracts;
connected with the operations of each constable are transferred to the mayor.
    (c) On January 1, 2015, the department of public safety of the consolidated city established in IC 36-3-5-4(a)(3) shall provide to each small claims court adequate personnel to:
        (1) act as bailiffs of the court;
        (2) serve the court's personal service of process;
        (3) carry out the orders of the court; and
        (4) prepare and mail all registered or certified service.
    (d) As part of the annual budget process of the county, the city-county council shall establish an appropriate salary for each county employee responsible for constable duties, including the

constable, for 2015 and thereafter.

SOURCE: IC 33-34-7-3; (13)MO062115.157. -->     SECTION 157. IC 33-34-7-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 and, after December 31, 2014, at the expense of the county:
        (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 33-34-8-1; (13)MO062115.158. -->     SECTION 158. IC 33-34-8-1, AS AMENDED BY P.L.136-2012, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) The following fees and costs apply to cases in the small claims court:
        (1) A township docket fee of five dollars ($5) plus forty-five percent (45%) of the infraction or ordinance violation costs fee under IC 33-37-4-2.
        (2) The bailiff's service of process by registered or certified mail fee of thirteen dollars ($13) for each service. This subdivision does not apply after December 31, 2014.
        (3) After December 31, 2014, a fee for service of process by registered or certified mail of thirteen dollars ($13) for each service.

        (3) (4) The cost for the personal service of process by the bailiff or other process server of thirteen dollars ($13) for each service. This subdivision does not apply after December 31, 2014.
         (5) After December 31, 2014, the cost for the personal service of process by the process server of thirteen dollars ($13) for each service.
        (4) (6) Witness fees, if any, in the amount provided by IC 33-37-10-3 to be taxed and charged in the circuit court.
        (5) (7) A redocketing fee, if any, of five dollars ($5).
        (6) (8) A document storage fee under IC 33-37-5-20.
        (7) (9) An automated record keeping fee under IC 33-37-5-21.
        (8) (10) A late fee, if any, under IC 33-37-5-22.
        (9) (11) A public defense administration fee under IC 33-37-5-21.2.
        (10) (12) A judicial insurance adjustment fee under IC 33-37-5-25.
        (11) (13) A judicial salaries fee under IC 33-37-5-26.
        (12) (14) A court administration fee under IC 33-37-5-27.
        (13) (15) Before July 1, 2017, a pro bono legal services fee under

IC 33-37-5-31.
The docket fee and the cost for the initial service of process shall be paid at the institution of a case. The cost of service after the initial service shall be assessed and paid after service has been made. The cost of witness fees shall be paid before the witnesses are called.
    (b) If the amount of the township docket fee computed under subsection (a)(1) is not equal to a whole number, the amount shall be rounded to the next highest whole number.

SOURCE: IC 33-34-8-3; (13)MO062115.159. -->     SECTION 159. IC 33-34-8-3, AS AMENDED BY P.L.136-2012, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 and, after December 31, 2014, the county, at the close of each month.
    (b) The court county auditor 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;
            (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
            (F) one hundred percent (100%) of the pro bono legal services fees collected before July 1, 2017, by the court under IC 33-37-5-31; and
        (2) distribute monthly to the county auditor all document storage fees received by the court.
     (c) The remaining twenty-five percent (25%) of the judicial salaries fees described in subdivision (1)(E) subsection (b)(1)(E) shall be deposited monthly in the following:
        (1) The
township general fund of the township in which the court is located. The county auditor shall deposit fees distributed under subdivision (2) subsection (b)(2) into the clerk's record

perpetuation fund under IC 33-37-5-2. This subdivision does not apply after December 31, 2014.
         (2) After December 31, 2014, the county general fund. Deposits made under this subdivision shall be credited to the township small claims courts account described in section 5 of this chapter.
    (c) (d) The court semiannually shall do the following:
        (1)
Pay 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. This subdivision does not apply after December 31, 2014.
         (2) After December 31, 2014, pay to the clerk of the circuit court 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. The court administration fees shall be deposited in the county general fund and credited to the township small claims courts account described in section 5 of this chapter.

SOURCE: IC 33-34-8-5; (13)MO062115.160. -->     SECTION 160. IC 33-34-8-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) This section applies after December 31, 2014.
    (b) Fees and costs paid and collected under sections 1 and 3 of this chapter shall be deposited in the county general fund and credited to a separate account identified as the township small claims courts account.
    (c) The mayor of the consolidated city may expend funds credited to the township small claims courts account, without appropriation, only for the purpose of administering this article.

SOURCE: IC 36-1-2-6; (13)MO062115.161. -->     SECTION 161. IC 36-1-2-6, AS AMENDED BY P.L.186-2006, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. "Fiscal body" means the following:
        (1) The county council, for a county not having a consolidated city.
        (2) The city-county council, for a consolidated city or county having a consolidated city.
        (3) The common council, for a city other than a consolidated city.
        (4) The town council, for a town.
        (5) The township board, for a township other than a township in a county having a consolidated city.
        (6) In a county having a consolidated city, for a township:

             (A) the township board, before January 1, 2013; and
            (B) the city-county council, after December 31, 2012.

        (6) (7) The governing body or budget approval body, for any other political subdivision that has a governing body or budget

approval body. or
        (7) (8) The 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; (13)MO062115.162. -->     SECTION 162. IC 36-1-2-9, AS AMENDED BY P.L.186-2006, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. "Legislative body" means the following:
        (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 other than a township in a county having a consolidated city.
        (7) In a county having a consolidated city, for a township:

             (A) the township board, before January 1, 2014; and
            (B) the city-county council, after December 31, 2013.

        (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 36-2-6-4.6; (13)MO062115.163. -->     SECTION 163. IC 36-2-6-4.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.6. (a) This section applies after December 31, 2014, but only to a county having a consolidated city.
    (b) Notwithstanding IC 5-11-10, the county auditor may make payments for claims payable from the township assistance fund under IC 12-20-21-6 in advance of allowance by the mayor of the consolidated city. Each payment of expenses under this section must be supported by a fully itemized invoice or bill and certification by the county auditor.

SOURCE: IC 36-3-1-0.3; (13)MO062115.164. -->     SECTION 164. IC 36-3-1-0.3, AS ADDED BY P.L.220-2011, SECTION 647, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.3. The general assembly finds the following:
        (1) A consolidated city faces unique budget challenges due to a high demand for services combined with the large number of tax exempt properties located in a consolidated city as the seat of state government, home to several institutions of higher education, and home to numerous national, state, and regional nonprofit corporations.
        (2) By virtue of its size and population density, a consolidated city has unique overlapping territories of county and city government and an absence of unincorporated areas within its county.
        (3) Substantial operational efficiencies, reduction of administrative costs, and economies of scale may be obtained in a consolidated city through consolidation of certain all county, city, and township functions.
        (4) Consolidation of certain all county, city, and township services and operations will serve the public purpose by allowing the consolidated city to:
            (A) eliminate duplicative services;
            (B) provide better coordinated and more uniform delivery of local governmental services;
            (C) provide uniform oversight and accountability for the budgets for local governmental services; and
            (D) allow local government services to be provided more efficiently and at a lower cost than without consolidation.
        (5) Efficient and fiscally responsible operation of local government benefits the health and welfare of the citizens of a consolidated city and is of public utility and benefit.
        (6) The public purpose of those parts of P.L.227-2005 relating to a consolidated city is to provide a consolidated city with the means to perform essential governmental services for its citizens in an effective, efficient, and fiscally responsible manner.
SOURCE: IC 36-3-1-1.3; (13)MO062115.165. -->     SECTION 165. IC 36-3-1-1.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.3. As used in this article, after June 30, 2013, "effective date of the consolidation" refers to January 1, 2015.
SOURCE: IC 36-3-1-4; (13)MO062115.166. -->     SECTION 166. IC 36-3-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) When a first class city becomes a consolidated city, the first class city is abolished as a separate entity, and the territory of the consolidated city includes:
        (1) all the territory that comprised the first class city before it became a consolidated city; and
        (2) all other territory in the county except territory of an excluded city; and
        (3) all the territory in the county on the effective date of the consolidation.

However, certain departments and special taxing districts of the consolidated city may have jurisdiction as provided by law over more or less territory than that inside the boundaries of the consolidated city.
    (b) The consolidated city is known as "City of ______," with the name of the first class city inserted in the blank.
    (c) Unless the executive and legislative body of the consolidated city are elected during the interim period and take office on the date prescribed by section 2(3) of this chapter, the members of the interim government prescribed by section 3 of this chapter continue in office as officers of the consolidated city until an executive and a legislative

body of the consolidated city are elected and qualified.".
    Delete page 2.

SOURCE: Page 3, line 1; (13)MO062115.3. -->     Page 3, delete lines 1 through 6.
    Page 3, line 13, delete "The" and insert " After December 31, 2014, the".
    Page 3, line 14, delete "must be a division of the department of" and insert " includes all dissolved law enforcement departments as provided in section 5.2 of this chapter.".
    Page 3, delete lines 15 through 16.
    Page 5, between lines 40 and 41, begin a new paragraph and insert:
SOURCE: IC 36-3-1-5.2; (13)MO062115.168. -->     "SECTION 168. IC 36-3-1-5.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5.2. (a) As used in this section, "consolidated law enforcement department" refers to the law enforcement department established under section 5.1 of this chapter.
    (b) As used in this section, "dissolved law enforcement department" refers to a law enforcement department of:
        (1) an excluded city; or
        (2) any other political subdivision in the county.
The term does not include the consolidated law enforcement department or the county sheriff's department.
    (c) On January 1, 2015, the following apply:
        (1) Each dissolved law enforcement department is abolished.
        (2) All the personal property under the control of a dissolved law enforcement department is transferred to the consolidated law enforcement department.
        (3) All the records of a dissolved law enforcement department are transferred to the consolidated law enforcement department.
        (4) The employees of each dissolved law enforcement department become employees of the consolidated law enforcement department.
        (5) An employee of a dissolved law enforcement department remains a member of the pension fund that the employee was a member of on December 31, 2014. The employee retains, after the consolidation, credit in the fund for service earned while an employee of the dissolved law enforcement department and continues to earn service credit in that fund as a member of the consolidated law enforcement department for purposes of determining the member's benefits from the fund.
        (6) The merit board and the merit system of each dissolved law enforcement department are dissolved, and the duties of the merit board are transferred to and assumed by the merit board for the consolidated law enforcement department.
    (d) A reference to a dissolved law enforcement department in a statute, rule, or legal document is, after June 30, 2015, considered a reference to the consolidated law enforcement department.

SOURCE: IC 36-3-1-6.1; (13)MO062115.169. -->     SECTION 169. IC 36-3-1-6.1, AS AMENDED BY P.L.1-2006, SECTION 560, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec..6.1. (a) This section applies only in a county containing a consolidated city. If the requirements of subsection (g) are satisfied, the fire departments of The following are consolidated into the fire department of a the consolidated city (referred to as "the consolidated fire department") on the effective date of the consolidation:
        (1) The fire department of 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. located in the county, that has not previously been consolidated into the fire department 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).
         (3) The fire department of any other political subdivision in the county.
    (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. 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) becomes 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 each 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) (g) The following apply if the requirements of subsection (g) are satisfied: to a consolidation that occurs under this section on the effective date of the consolidation:
        (1) The consolidation of the fire department of that the township or other political subdivision 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. the effective date of the consolidation.
        (2) Notwithstanding any other provision, a firefighter:
            (A) who is a member of the 1977 fund before the effective date of a the 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 the 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 or other political subdivision 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; (13)MO062115.170. -->     SECTION 170. IC.36-3-1-6.2, AS ADDED BY P.L.227-2005, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec..6.2. (a) If a After the 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. throughout the consolidated city.
    (b) This section does not prohibit the providing of emergency ambulance services under an interlocal agreement under IC 36-1-7.
SOURCE: IC 36-3-1-7; (13)MO062115.171. -->     SECTION 171. IC 36-3-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) A municipality other than a first class city, having a population of more than five thousand (5,000) in the county is known as that is an excluded city and does not become before July 1, 2013, becomes part of the consolidated city under this chapter In addition, a municipality that had qualified as an excluded city before January 1, 1973, under IC 18-4-1-2(d) (repealed September 1, 1981), is considered an excluded city. on the effective date of the consolidation. Any other
    (b)
The part of a municipality is known as an included town and does become before July 1, 2013, and located in the county:
        (1) remains
part of the consolidated city under this chapter; and
        (2) has no municipal or other governmental status beginning on the effective date of the consolidation.

    (b) This article applies to any part of an included town that is inside the county boundaries, even though part of it is outside those boundaries.
     (c) The following apply on the effective date of the consolidation:
        (1) Each excluded city and included town is abolished.
        (2) Notwithstanding any other law, each elected office of an excluded city or an included town is abolished and the term of

office of an individual who holds an elected office of an excluded city or an included town is terminated.
        (3) All the property, equipment, records, rights, and contracts of an excluded city or an included town are transferred to or assumed by the consolidated city.
        (4) The ordinances of an excluded city or an included town are void.
        (5) The ordinances of the consolidated city apply in the territory that was the excluded city or an included town before January 1, 2015.
        (6) All distributions that would otherwise be made to an excluded city or an included town under a statute shall be made to the consolidated city.
        (7) An employee of an excluded city or an included town becomes an employee of the consolidated city. An employee of an excluded city or an included town remains a member of the pension fund that the employee was a member of on December 31, 2014. The employee retains, after the effective date of the consolidation, credit in the fund for service earned while an employee of the excluded city or included town and continues to earn service credit in that fund as an employee of the consolidated school corporation for purposes of determining the member's benefits from the fund.
        (8) The consolidated city is responsible for carrying out the municipal powers and duties formerly carried out by the excluded city or the included town.
    (d) Beginning on the effective date of the consolidation, any reference to an excluded city or an included town in any law, ordinance, resolution, or other legal document, is considered a reference to the consolidated city.
    (e) Except as provided in IC 6-1.1-18.5-22, the maximum permissible ad valorem property tax levy for the consolidated city must increase for property taxes first due and payable after December 31, 2014, by an amount equal to:
        (1) the combined maximum ad valorem property tax levies for property taxes first due and payable in 2013 of all political subdivisions that are abolished or have their powers and duties transferred to the consolidated city on the effective date of the consolidation; multiplied by
        (2) the assessed value growth quotient determined under IC 6-1.1-18.5-2.
Notwithstanding any other law, the department of local government finance may adjust the maximum permissible ad valorem property tax levies, budgets, and tax rates of any political subdivision and the distribution of any excise taxes as necessary and proper to account for the transfer of powers and duties from political subdivisions that are abolished or have their powers and

duties transferred to the consolidated city on the effective date of the consolidation.

SOURCE: IC 36-3-1-10; (13)MO062115.172. -->     SECTION 172. IC 36-3-1-10 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 10. If any annexation proceedings concerning territory inside the county are pending when a first class city becomes a consolidated city, the annexation proceedings shall be continued as if this chapter did not apply. However, if the annexation later takes effect, the following provisions apply:
        (1) If the annexation is by the first class city, it has the effect of expanding the special service districts created by section 6 of this chapter.
        (2) If the annexation is by another municipality in the county, it has the effect of expanding the municipality as an excluded city or included town.
SOURCE: IC 36-3-1-11; (13)MO062115.173. -->     SECTION 173. IC 36-3-1-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. (a) Political subdivisions in the county are not affected when a first class city becomes a consolidated city, except to the extent that this title limits their functions or transfers them to the consolidated city. Such a political subdivision continues to have:
        (1) the power to levy and collect property taxes in furtherance of functions not transferred to the consolidated city; and
        (2) if applicable, the power to adopt and enforce ordinances prescribing a penalty for violation.
In addition, an excluded city or included town continues to have the right to receive distributions of revenues collected by the state, in the manner prescribed by statute, including distributions from the motor vehicle highway account, the cigarette tax fund, alcoholic beverage fees, and other tax revenues.
     (b) This section expires January 1, 2015.
SOURCE: IC 36-3-1-12; (13)MO062115.174. -->     SECTION 174. IC 36-3-1-12 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 12. This chapter does not alter the status, boundaries, or ordinances of political subdivisions in a county where a first class city became a consolidated city before September 1, 1981. The status, boundaries, and ordinances remain as they existed on August 31, 1981, until altered according to the applicable law.
SOURCE: IC 36-3-2-2; (13)MO062115.175. -->     SECTION 175. IC 36-3-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) The consolidated city has home rule powers under IC 36-1-3, including all the powers that a first class city has according to law. In addition, the consolidated city has the power to levy and collect taxes on taxable privileges and to regulate those privileges.
    (b) If the consolidated city wants to annex territory inside the county, it must do so in the manner prescribed by section 7 of this chapter.
    (c) (b) The consolidated city may not annex territory outside the

county.

SOURCE: IC 36-3-2-4; (13)MO062115.176. -->     SECTION 176. IC 36-3-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) An excluded city has home rule powers under IC 36-1-3, including all the powers that municipalities of its class have according to law.
    (b) An excluded city that wants to annex territory inside the county must do so in the manner prescribed by section 7 of this chapter.
    (c) An excluded city that wants to annex territory outside the county may do so in any manner prescribed by IC 36-4-3.
     (b) This section expires January 1, 2015.
SOURCE: IC 36-3-2-5; (13)MO062115.177. -->     SECTION 177. IC 36-3-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) An included town has home rule powers under IC 36-1-3, including all the powers that municipalities of its class have according to law. However, an included town may not:
        (1) enforce an ordinance or regulation that is in conflict with or permits a lesser standard than an applicable ordinance or regulation of the consolidated city; or
        (2) issue general obligation bonds.
    (b) An included town that wants to annex territory inside the county may annex only territory that is outside the corporate boundaries of the excluded cities in the county. This subsection applies notwithstanding IC 36-4-3-2; however:
        (1) the included town must follow the procedures prescribed by IC 36-4-3 for other annexations; and
        (2) all territory annexed under this subsection remains part of the consolidated city.
    (c) An included town that wants to annex territory outside the county may do so in any manner prescribed by IC 36-4-3.
     (b) This section expires January 1, 2015.
SOURCE: IC 36-3-2-7; (13)MO062115.178. -->     SECTION 178. IC 36-3-2-7 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 7. (a) This section governs the transfer of territory that is either:
        (1) inside the corporate boundaries of the consolidated city and contiguous to an excluded city; or
        (2) inside the corporate boundaries of an excluded city and contiguous to the consolidated city.
IC 36-4-3 does not apply to such a transfer.
    (b) If the owners of land located in territory described in subsection (a) want to have that territory transferred from one (1) municipality to the other, they must file:
        (1) a petition for annexation of that territory with the legislative body of the contiguous municipality; and
        (2) a petition for disannexation of that territory with the legislative body of the municipality containing that territory.
Each petition must be signed by at least fifty-one percent (51%) of the

owners of land in the territory sought to be transferred. The territory must be reasonably compact in configuration, and its boundaries must generally follow streets or natural boundaries.
    (c) Each legislative body shall, not later than sixty (60) days after a petition is filed with it under subsection (b), either approve or disapprove the petition, with the following results:
        (1) Except as provided in subsection (g), if both legislative bodies approve, the transfer of territory takes effect:
            (A) on the effective date of the approval of the latter legislative body to act; and
            (B) when a copy of each transfer approval has been filed under subsection (f).
        (2) If the legislative body of the contiguous municipality disapproves or fails to act within the prescribed period, the proceedings are terminated.
        (3) If the legislative body of the contiguous municipality approves but the legislative body of the other municipality disapproves or fails to act within the prescribed period, the proceedings are terminated unless there is an appeal under subsection (d).
    (d) In the case described by subsection (c)(3), the petitioners may, not later than sixty (60) days after the disapproval or expiration of the prescribed period, appeal to the circuit court. The appeal must allege that the benefits to be derived by the petitioners from the transfer outweigh the detriments to the municipality that has failed to approve, which is defendant in the appeal.
    (e) The court shall try an appeal under subsection (d) as other civil actions, but without a jury. If the court determines that:
        (1) the requirements of this section have been met; and
        (2) the benefits to be derived by the petitioners outweigh the detriments to the municipality;
it shall order the transfer of territory to take effect on the date its order becomes final, subject to subsection (g), and shall file the order under subsection (f). However, if the municipality, or a district of it, is furnishing sanitary sewer service or municipal water service in the territory, or otherwise has expended substantial sums for public facilities (other than roads) specially benefiting the territory, the court shall deny the transfer.
    (f) A municipal legislative body that approves a transfer of territory under subsection (c) or a court that approves a transfer under subsection (e) shall file a copy of the approval or order, setting forth a legal description of the territory to be transferred, with:
        (1) the office of the secretary of state; and
        (2) the circuit court clerk of each county in which the municipality is located.
    (g) A transfer of territory under this section may not take effect during the year preceding a year in which a federal decennial census is

conducted. A transfer of territory that would otherwise take effect during the year preceding a year in which a federal decennial census is conducted takes effect January 1 of the year in which a federal decennial census is conducted.
    (h) A petition for annexation or disannexation under this section may not be filed with respect to land as to which a transfer of territory has been disapproved or denied within the preceding three (3) years.
    (i) The legislative body of a municipality annexing territory under this section shall assign the territory to at least one (1) municipal legislative body district under IC 36-3-4-3 or IC 36-4-6 not later than thirty (30) days after the transfer of territory becomes effective under this section.
    (j) Notwithstanding subsection (g) as that subsection existed on December 31, 2009, a transfer of territory that took effect January 2, 2010, because of the application of subsection (g), as that subsection existed on December 31, 2009, is instead considered to take effect January 1, 2010, without any additional action being required.

SOURCE: IC 36-3-5-4; (13)MO062115.179. -->     SECTION 179. IC 36-3-5-4, AS AMENDED BY P.L.227-2005, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The following executive departments of the consolidated city are established, subject to IC 36-3-4-23:
        (1) Department of administration and equal opportunity.
        (2) Department of metropolitan development.
        (3) Department of public safety.
        (4) Department of public works.
        (5) Department of transportation.
        (6) Department of parks and recreation.
         (7) The department of township assistance established by IC 12-20-1.7-3.
These departments and their divisions have all the powers, duties, functions, and obligations prescribed by law for them as of August 31, 1981, subject to IC 36-3-4-23.
    (b) The department of public utilities established under IC 8-1-11.1 continues as an agency of the consolidated city, which is the successor trustee of a public charitable trust created under Acts 1929, c. 78. The department of public utilities is governed under IC 8-1-11.1 and is not subject to this article.
SOURCE: IC 36-3-6-9; (13)MO062115.180. -->     SECTION 180. IC 36-3-6-9, AS AMENDED BY P.L.137-2012, SECTION 118, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 September 2.
    (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 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, 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 36-4-3-9; (13)MO062115.181. -->     SECTION 181. IC 36-4-3-9, AS AMENDED BY P.L.111-2005, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) A town must obtain the consent of both the metropolitan development commission and the legislative body of a county having a consolidated city before annexing territory within the county where a consolidated city is located.
    (b) (a) A town must obtain the consent of the legislative body of a second or third class city before annexing territory within three (3) miles of the corporate boundaries of the city unless:
        (1) the town that proposes to annex the territory is located in a different county than the city; or
        (2) the annexation by the town is:
            (A) an annexation under section 5 or 5.1 of this chapter; or
            (B) consented to by at least fifty-one percent (51%) of the owners of land in the territory the town proposes to annex.
    (c) (b) In determining the total number of landowners of the annexed territory and whether signers of a consent under subsection (b)(2)(B) (a)(2)(B) are landowners, the names appearing on the tax duplicate for that territory constitute prima facie evidence of ownership. Only one (1) person having an interest in each single property, as evidenced by the tax duplicate, is considered a landowner for purposes of this section.
    (d) Each municipality that is known as an included town under IC 36-3-1-7 is also considered a town for purposes of this section.
SOURCE: IC 36-5-1-1; (13)MO062115.182. -->     SECTION 182. IC 36-5-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Before January 1, 2015, this chapter applies to all towns except an included town (as defined in IC 36-3-1-7).
     (b) After December 31, 2014, this chapter applies to all towns.
SOURCE: IC 36-5-1.1-2; (13)MO062115.183. -->     SECTION 183. IC 36-5-1.1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Proceedings to dissolve a town may be instituted under section 10.5 or 10.6 of this chapter or by filing with the executive of the county containing more than fifty percent (50%) in assessed valuation of the land in the town:
        (1) a resolution adopted by the town legislative body requesting dissolution; or
        (2) a petition signed by at least twenty-five percent (25%) of the town's voters registered at the last general election.
    (b) On receipt of a petition or resolution for dissolution, the county executive shall mark the petition or resolution with the date of filing.
SOURCE: IC 36-5-1.1-10.6; (13)MO062115.184. -->     SECTION 184. IC 36-5-1.1-10.6 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 10.6. (a) This section applies to included towns.
    (b) The dissolution of a town under this section may be instituted by filing a petition with the county board of registration. The petition must be signed by at least the number of the registered voters of the town required to place a candidate on the ballot under IC 3-8-6-3. The petition must be filed not later than June 1 of a year in which a general or municipal election will be held.
    (c) If a petition meets the criteria set forth in subsection (b), the county board of registration shall certify the public question to the county election board under IC 3-10-9-3. The county election board shall place the question of dissolution on the ballot provided for voters in the included town at the first general or municipal election following certification. The question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the town of ________

dissolve?".
    (d) If the public question is approved by a majority of the voters voting on the question, the county election board shall file a copy of the certification prepared under IC 3-12-4-9 concerning the public question described by this section with the following:
        (1) The circuit court clerk of the county.
        (2) The office of the secretary of state.
    (e) Except as provided in subsection (f), dissolution occurs:
        (1) at least sixty (60) days after certification under IC 3-12-4-9; and
        (2) when the certification is filed under subsection (d).
    (f) A dissolution under this section may not take effect during the year preceding a year in which a federal decennial census is conducted. A dissolution under this section that would otherwise take effect during the year preceding a year in which the federal decennial census is conducted takes effect January 1 of the year in which a federal decennial census is conducted.
    (g) When a town is dissolved under this section:
        (1) the territory included within the town when the ordinance was adopted becomes a part of the consolidated city;
        (2) the books and records of the town become the property of the county executive;
        (3) the property owned by the town after payment of debts and liabilities shall be disposed of by the county executive; and
        (4) the county executive shall deposit any proceeds remaining after payment of debts and liabilities into the county general fund.
    (h) The dissolution of a town under this section does not affect the validity of a contract to which the town is a party.
    (i) Notwithstanding subsection (f) as that subsection existed on December 31, 2009, a dissolution that took effect January 2, 2010, because of the application of subsection (f), as that subsection existed on December 31, 2009, is instead considered to take effect January 1, 2010, without any additional action being required.

SOURCE: IC 36-5-1.1-11; (13)MO062115.185. -->     SECTION 185. IC 36-5-1.1-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. If a dissolution proceeding under this chapter is unsuccessful, the person seeking dissolution may not attempt a new proceeding under this chapter or IC 36-5-1 for at least one (1) year following the hearing under section 3 or 10.5 of this chapter. or the election under section 10.6 of this chapter.
SOURCE: IC 36-6-4-3; (13)MO062115.186. -->     SECTION 186. IC 36-6-4-3, AS AMENDED BY P.L.1-2009, SECTION 163, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. The executive shall do the following:
        (1) Keep a written record of official proceedings.
        (2) Manage all township property interests.
        (3) Keep township records open for public inspection.
        (4) Attend all meetings of the township legislative body.
        (5) Receive and pay out township funds.
        (6) Examine and settle all accounts and demands chargeable against the township.
        (7) Administer township assistance under IC 12-20 and IC 12-30-4.
        (8) Perform the duties of fence viewer under IC 32-26.
        (9) Provide and maintain cemeteries under IC 23-14.
        (10) Provide fire protection under IC 36-8. except in a township that:
            (A) is located in a county having a consolidated city; and
            (B) consolidated the township's fire department under IC 36-3-1-6.1.
        (11) File an annual personnel report under IC 5-11-13.
        (12) Provide and maintain township parks and community centers under IC 36-10.
        (13) Destroy detrimental plants, noxious weeds, and rank vegetation under IC 15-16-8.
        (14) Provide insulin to the poor under IC 12-20-16.
        (15) Perform other duties prescribed by statute.
SOURCE: IC 36-6-4-16; (13)MO062115.187. -->     SECTION 187. IC 36-6-4-16, AS AMENDED BY P.L.1-2010, SECTION 148, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16. (a) When twenty-five (25) or more resident freeholders of a township file a petition with the circuit court of the county, alleging that the township executive is incapable of performing his duties due to mental or physical incapacity, the clerk of the court shall issue a summons to be served on the executive. The summons is returnable not less than ten (10) days from its date of issue.
    (b) Immediately following the return date set out on the summons, the circuit court shall hold a hearing on the matter alleged in the petition. After hearing the evidence and being fully advised, the court shall enter its findings and judgment.
    (c) If the court finds the executive incapable of performing the duties of office, the clerk of the court shall certify a copy of the judgment to the county executive, which shall, within five (5) days, appoint a resident of the township as acting executive of the township during the incapacity of the executive.
    (d) The acting executive shall execute and file a bond in an amount fixed by the county auditor. After taking the oath of office, the acting executive has all the powers and duties of the executive.
    (e) The acting executive is entitled to the salary and benefits provided by this article for the executive.
    (f) When an incapacitated executive files a petition with the circuit court of the county alleging that the executive is restored to mental or physical ability to perform the duties of office, the court shall

immediately hold a hearing on the matters alleged. After hearing the evidence and being fully advised, the court shall enter its findings and judgment.
    (g) If the court finds the executive capable of resuming duties, the clerk of the court shall certify a copy of the judgment to the county executive, which shall, within five (5) days, revoke the appointment of the acting executive.
    (h) For purposes of this section, the board of county commissioners is considered the executive of a county having a consolidated city. This subsection expires January 1, 2014.".

SOURCE: Page 5, line 41; (13)MO062115.5. -->     Page 5, delete lines 41 through 42.
    Delete pages 6 though 9.
    Page 10, delete lines 1 through 14.
    Page 10, line 21, delete "the following:".
    Page 10, line 22, delete "(1) Before January 1, 2017,"
    Page 10, run in lines 21 through 22.
    Page 10, line 23, after "township." insert " This subsection expires January 1, 2015.".
    Page 10, delete lines 24 through 25.
    Page 10, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 36-6-6-2.2; (13)MO062115.189. -->     "SECTION 189. IC 36-6-6-2.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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 expires January 1, 2015.
    (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 36-6-6-2.5; (13)MO062115.190. -->     SECTION 190. IC 36-6-6-2.5, AS AMENDED BY P.L.230-2005, SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) This section applies to townships in a county containing a consolidated city.
    (b) The legislative body shall adopt a resolution that divides the township into legislative body districts that:
        (1) are composed of contiguous territory;
        (2) are reasonably compact;
        (3) respect, as nearly as reasonably practicable, precinct boundary lines; and
        (4) contain, as nearly as reasonably practicable, equal population.
    (c) Before a legislative body may adopt a resolution that divides a township into legislative body districts, the secretary of the legislative body shall mail a written notice to the circuit court clerk. This notice must:
        (1) state that the legislative body is considering the adoption of a resolution to divide the township into legislative body districts;

and
        (2) be mailed not later than ten (10) days before the legislative body adopts the resolution.
    (d) The legislative body shall make a division into legislative body districts at the following times:
        (1) During the second year after a year in which a federal decennial census is conducted.
        (2) Subject to IC 3-11-1.5-32.5, whenever the boundary of the township changes.
    (e) The legislative body may make the division under this section at any time, subject to IC 3-11-1.5-32.5.
     (f) This section expires January 1, 2014.

SOURCE: IC 36-6-6-2.7; (13)MO062115.191. -->     SECTION 191. IC 36-6-6-2.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.7. (a) This section applies only in a county having a consolidated city.
    (b) On January 1, 2014, each township board in the county is abolished.
    (c) After December 31, 2013:
        (1) the city-county council is the fiscal body and legislative body of each township in the county; and
        (2) the city-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 under subsection (b) does not invalidate:
        (1) any resolutions, fees, or schedules adopted or other actions taken by the township board before January 1, 2014; or
        (2) any appointments made by the township board before January 1, 2014.
    (e) After December 31, 2013, any reference in the Indiana Code, in the Indiana Administrative Code, or in any resolution to the township board of the county is considered a reference to the city-county council.

SOURCE: IC 36-6-6-3; (13)MO062115.192. -->     SECTION 192. IC 36-6-6-3, AS AMENDED BY P.L.240-2005, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) 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. This subsection expires January 1, 2014.
    (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: Page 10, line 34; (13)MO062115.10. -->     Page 10, line 34, delete "Before January 1, 2017, four" and insert "Four".
    Page 10, line 35, after "quorum." insert " This subsection expires January 1, 2014.".
    Page 10, delete lines 36 through 37.
    Page 11, delete lines 4 through 42, begin a new paragraph and insert:
SOURCE: IC 36-6-10; (13)MO062115.194. -->     "SECTION 194. IC 36-6-10 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
    Chapter 10. Township Capital Improvement Plan
    Sec. 1. This chapter applies after December 31, 2013, but only to a county having a consolidated city.
    Sec. 2. As used in this chapter, "capital improvement" means:
        (1) acquisition of land;
        (2) site improvements;
        (3) infrastructure improvements;
        (4) construction of buildings or structures;
        (5) rehabilitation, renovation, or enlargement of buildings or structures; or
        (6) acquisition or improvement of machinery, equipment, furnishings, or facilities.
    Sec. 3. As used in this chapter, "capital improvement fund" means a township fund in which the money in the fund may be used for the payment of capital improvements. The term includes:
        (1) a cumulative firefighting building and equipment fund under IC 36-8-14;
        (2) an equipment replacement fund under IC 36-8-19-8.5;
        (3) a cumulative township vehicle and building fund under IC 36-9-17.5;
        (4) a cumulative building fund under IC 36-10-7.5-19; and
        (5) any other fund established by a township for the payment of capital improvements.
    Sec. 4. As used in this chapter, "plan" refers to a township capital improvement plan adopted or amended under this chapter.
    Sec. 5. Before a township may collect property taxes for a capital improvement fund in a particular year, the township trustee must prepare a proposed or amended plan in the immediately preceding year. The city-county council, not later than August 1, shall hold a public hearing on a proposed or amended plan and adopt the proposed or amended plan.
    Sec. 6. (a) The department of local government finance shall prescribe the format of the plan.
    (b) A plan must:
        (1) apply to at least the three (3) years immediately following the year the plan is adopted;
        (2) estimate for each year to which the plan applies the nature and amount of proposed expenditures from the capital improvement fund; and
        (3) estimate:
            (A) the source of all revenue to be dedicated to the proposed expenditures in the upcoming calendar year; and
            (B) the amount of property taxes to be collected in the upcoming calendar year and retained in the fund for expenditures proposed for a later year.
    Sec. 7. A township trustee, with the approval of the city-county council, may amend a plan to:
        (1) provide money for the purposes of the fund; or
        (2) supplement money accumulated in the fund for the purposes of the fund.

    Sec. 8. The plan shall be considered by:
        (1) the city-county council in making the annual budget estimate under IC 6-1.1-17-2; and
        (2) the department of local government finance when reviewing a budget, tax rate, and tax levy of a township under IC 6-1.1-17-16.

SOURCE: IC 36-8-13-3; (13)MO062115.195. -->     SECTION 195. IC 36-8-13-3, AS AMENDED BY P.L.110-2010, SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The executive of a township, with the approval of the legislative body, may do the following:
        (1) Purchase firefighting and emergency services apparatus and equipment for the township, provide for the housing, care, maintenance, operation, and use of the apparatus and equipment to provide services within the township but outside the corporate boundaries of municipalities, and employ full-time or part-time personnel to operate the apparatus and equipment and to provide services in that area. Preference in employment under this section shall be given according to the following priority:
            (A) A war veteran who has been honorably discharged from the United States armed forces.
            (B) A person whose mother or father was a:
                (i) firefighter of a unit;
                (ii) municipal police officer; or
                (iii) county police officer;
            who died in the line of duty (as defined in IC 5-10-10-2).
        The executive of a township may give a preference for employment under this section to a person who was employed full-time or part-time by another township to provide fire protection and emergency services and has been laid off by the township. The executive of a township may also give a preference for employment to a firefighter laid off by a city under IC 36-8-4-11. A person described in this subdivision may not receive a preference for employment unless the person applies for employment and meets all employment requirements prescribed by law, including physical and age requirements, and all employment requirements prescribed by the fire department.
        (2) Contract with a municipality in the township or in a contiguous township that maintains adequate firefighting or emergency services apparatus and equipment to provide fire protection or emergency services for the township in accordance with IC 36-1-7.
        (3) Cooperate with a municipality in the township or in a contiguous township in the purchase, maintenance, and upkeep of firefighting or emergency services apparatus and equipment for use in the municipality and township in accordance with IC 36-1-7.
        (4) Contract with a volunteer fire department that has been organized to fight fires in the township for the use and operation of firefighting apparatus and equipment that has been purchased by the township in order to save the private and public property of the township from destruction by fire, including use of the apparatus and equipment in an adjoining township by the department if the department has made a contract with the executive of the adjoining township for the furnishing of firefighting service within the township.
        (5) Contract with a volunteer fire department that maintains adequate firefighting service in accordance with IC 36-8-12.
    (b) This subsection applies only to townships that provide fire protection or emergency services or both under subsection (a)(1) and to municipalities that have some part of the municipal territory within a township and do not have a full-time paid fire department. A township may provide fire protection or emergency services or both without contracts inside the corporate boundaries of the municipalities if before July 1 of a year the following occur:
        (1) The legislative body of the municipality adopts an ordinance to have the township provide the services without a contract.
        (2) The township legislative body passes a resolution approving

the township's provision of the services without contracts to the municipality.
In a township providing services to a municipality under this section, the legislative body of either the township or a municipality in the township may opt out of participation under this subsection by adopting an ordinance or a resolution, respectively, before July 1 of a year.
    (c) This subsection applies only to a township that:
        (1) is located in a county containing a consolidated city;
        (2) has at least three (3) included towns (as defined in IC 36-3-1-7) that have all municipal territory completely within the township on January 1, 1996; and
        (3) provides fire protection or emergency services, or both, under subsection (a)(1);
and to included towns (as defined in IC 36-3-1-7) that have all the included town's municipal territory completely within the township. A township may provide fire protection or emergency services, or both, without contracts inside the corporate boundaries of the municipalities if before August 1 of the year preceding the first calendar year to which this subsection applies the township legislative body passes a resolution approving the township's provision of the services without contracts to the municipality. The resolution must identify the included towns to which the resolution applies. In a township providing services to a municipality under this section, the legislative body of the township may opt out of participation under this subsection by adopting a resolution before July 1 of a year. A copy of a resolution adopted under this subsection shall be submitted to the executive of each included town covered by the resolution, the county auditor, and the department of local government finance. This subsection expires January 1, 2015.

SOURCE: IC 36-10-7-1; (13)MO062115.196. -->     SECTION 196. IC 36-10-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Subject to subsections (b) and (c), this chapter applies to the townships indicated in each section.
     (b) After December 31, 2013, for a county having a consolidated city, any reference in this chapter to "township board" is considered a reference to the city-county council.
    (c) After December 31, 2014, in a county having a consolidated city:
        (1) the powers and duties of a township trustee concerning parks and recreation under this chapter are transferred to the mayor of the consolidated city;
        (2) any reference in this chapter to "township trustee" or "trustee" is considered a reference to the mayor of the consolidated city or the mayor's designee to administer this chapter; and
        (3) this chapter does not apply to a township located in the

county.

SOURCE: IC 36-10-7.5-1; (13)MO062115.197. -->     SECTION 197. IC 36-10-7.5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Except as provided in subsections (b) and (c), this chapter applies to all townships.
     (b) After December 31, 2013, for a county having a consolidated city, any reference in this chapter to "township board" is considered a reference to the city-county council.
    (c) After December 31, 2014, in a county having a consolidated city:
        (1) the powers and duties of a township trustee concerning parks and recreation under this chapter are transferred to the mayor of the consolidated city;
        (2) any reference in this chapter to "township trustee" or "trustee" is considered a reference to the mayor of the consolidated city or the mayor's designee to administer this chapter; and
        (3) this chapter does not apply to a township located in the county.

SOURCE: IC 36-12-2-16; (13)MO062115.198. -->     SECTION 198. IC 36-12-2-16, AS ADDED BY P.L.1-2005, SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16. (a) This section applies to the appointment of members to a library board of a public library serving a library district that is:
        (1) partly or fully within the boundaries of a consolidated city; and
        (2) fully within the boundaries of one (1) county.
    (b) Seven (7) members of a library board shall be appointed in the following order as the terms of previously appointed members expire:
        (1) One (1) member appointed by the board of county commissioners of the county in which the library district is located.
        (2) One (1) member appointed by the fiscal body of the county in which the library district is located.
        (3) One (1) member appointed by the board of county commissioners of the county in which the library district is located.
        (4) Two (2) members appointed by the school board of the school corporation in which the principal administrative offices of the public library are located.
        (5) One (1) member appointed by the board of county commissioners of the county in which the library district is located.
        (6) One (1) member appointed by the fiscal body of the county in which the library district is located.
     (c) This section expires January 1, 2015.
SOURCE: IC 36-12-2.5; (13)MO062115.199. -->     SECTION 199. IC 36-12-2.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 2.5. Library for a County Having a Consolidated City
    Sec. 1. This chapter applies only in a county having a consolidated city.
    Sec. 2. As used in this chapter, "public library" refers to the municipal corporation established by section 3 of this chapter.
    Sec. 3. (a) On January 1, 2015, a Class 1 public library is established for the county, known as the Indianapolis-Marion County Public Library.
    (b) The public library is a municipal corporation with district boundaries coextensive with the boundaries of the county.
    (c) In the name set forth in subsection (a), the public library may:
        (1) contract and be contracted with; and
        (2) sue and be sued in court.
    (d) The public library constitutes an independent taxing unit for purposes of IC 6-1.1-1-21.
    Sec. 4. (a) The library board consists of the following members:
        (1) One (1) member appointed by the board of county commissioners of the county.
        (2) One (1) member appointed by the city-county council.
        (3) One (1) member appointed by the board of county commissioners of the county.
        (4) Two (2) members appointed by the school board of the school corporation established by IC 20-25-3-0.1.
        (5) One (1) member appointed by the board of county commissioners of the county.
        (6) One (1) member appointed by the city-county council.
    (b) The members of the library board of the largest public library in the county on December 31, 2014, compose the first library board of the library. The term of office of each of the first library board members expires at the same time as the term of that member would have expired as a board member of the library board in existence on December 31, 2014.
    (c) As the terms of office of library board members described in subsection (b) expire, their successors shall be appointed by the authorities described in subsection (a), in the order listed in subsection (a).
    (d) An appointee to the library board must:
        (1) be a resident of the county during the time the appointee is on the library board; and
        (2) have resided in the county for at least the two (2) years immediately preceding the appointee's appointment to the library board.
    (e) The term of a library board member is four (4) years. A

member may continue to serve on the library board after the member's term expires until the member's successor is qualified under section 4 of this chapter. The term of the member's successor is not extended by the time that has elapsed before the successor's appointment and qualification. If a member is appointed to fill a vacancy on a library board, the member's term is the unexpired term of the member being replaced.
    (f) An appointee to the library board may not serve more than four (4) consecutive terms on the library board. An unexpired term of two (2) years or less that an individual serves in filling a vacancy on the library board may not be counted in computing consecutive terms for purposes of this subsection. The consecutive terms are computed without regard to a change in the appointing authority that appointed the member. An appointee who has served four (4) consecutive terms may be reappointed to the library board after four (4) years after the date the appointee's most recent term ended.
    Sec. 5. The following apply to the library board established by this chapter:
        (1) IC 36-12-2-19.
        (2) IC 36-12-2-20.
        (3) IC 36-12-2-21.
        (4) IC 36-12-2-22.
        (5) IC 36-12-2-24.
        (6) IC 36-12-2-25.
    Sec. 6. The public library has the powers and duties set forth in IC 36-12-3.
    Sec. 7. (a) As used in this section, "consolidated public library" refers to the Class 1 public library established by section 3 of this chapter.
    (b) As used in this section, "dissolved public library" refers to a Class 1 public library operating in the county on December 31, 2014.
    (c) On January 1, 2015, the following apply:
        (1) Each dissolved public library is abolished.
        (2) Except as provided in section 4 of this chapter, the term of office of each member of the library board of a dissolved public library expires.
        (3) All the real property and personal property owned by a dissolved public library become the property of the consolidated public library.
        (4) All assets, including all money, of a dissolved public library are transferred to the consolidated public library.
        (5) A contract or other obligation of a dissolved public library becomes a contract or obligation of the consolidated public library.
        (6) An employee of a dissolved public library becomes an

employee of the consolidated public library.
        (7) An employee of a dissolved public library remains a member of the pension fund that the employee was a member of on December 31, 2013. The employee retains, after December 31, 2013, credit in the fund for service earned while an employee of the dissolved public library and continues to earn service credit in that fund as a member of the consolidated public library for purposes of determining the member's benefits from the fund.
        (8) All budgets and tax levies of a dissolved public library are transferred to the consolidated public library.
    (d) A reference to a dissolved public library in a statute, rule, or legal document is, after December 31, 2014, considered a reference to the consolidated public library.
    (e) For property taxes first due and payable after December 31, 2014, the department of local government finance shall take all necessary action to adjust the budgets, tax rates, and tax levies of:
        (1) the dissolved public libraries; and
        (2) the consolidated public library;
so that the budgets, tax rates, and tax levies will conform to existing law and implement this section.

SOURCE: ; (13)MO062115.200. -->     SECTION 200. [EFFECTIVE JULY 1, 2013] (a) The legislative services agency shall prepare, as directed by the legislative council, legislation for introduction in the 2014 regular session of the general assembly to organize and correct statutes affected by this act, if necessary.
    (b) This SECTION expires July 1, 2014.

SOURCE: ; (13)MO062115.201. -->     SECTION 201. An emergency is declared for this act.".
    Delete pages 12 through 13.
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 621 as printed April 2, 2013.)

________________________________________

Representative Bartlett


MO062115/DI 75     2013