CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1242
Citations Affected: IC 5-13;
IC 5-14-3
;
IC 6-1.1-23-1
;
IC 8-17-4.1
;
IC 8-23-3-8
;
IC 20-14-7-2
;
IC 33-19-6.5
;
IC 35-33-9-7
;
IC 36-1-8
;
IC 36-2-7-9
;
IC 36-4-6-19
; IC 36-6;
IC 36-7-4-208
;
IC 36-8;
IC 36-9-13-30
;
IC 36-10-4-16
;
IC 36-4-10-6.
Synopsis: Local government matters. Conference committee report for EHB 1242. Requires
the investing officer of most political subdivisions to use multiple depositories. Removes the
requirement that multiple depositories be used for investment certificates of deposit. Removes
the requirement of certifying a budget transfer to the county auditor. Allows a fiscal officer to
appropriate insurance receipts. Amends the law concerning the annual road and street report.
Requires a local rainy day fund: (1) transfer to be made after the last day of the fiscal year and
before March 1 of the subsequent calendar year; and (2) to be established only by ordinance or
resolution. Removes a requirement that a finding must be made that an appropriation is
consistent with the intent of the fund. Allows a political subdivision to collect a credit card
charge for costs charged to the political subdivision for accepting credit cards. Requires adoption
of a second class city's police and firefighter salary ordinance by September 20. Allows a
municipality with a fire department to establish a hazardous materials response fund for the
deposit of service charges. Restates the annual meeting of the township legislative body.
Eliminates the requirement that township employees, deputies, and assistants be paid on a
monthly basis. Allows distributions from the Marion County public mass transportation fund to
the public transportation corporation. Allows a cash management system contract to be renewed
with the same or better terms. Allows a county treasurer's agent to serve a demand for delinquent
personal property taxes. Removes provisions that require some duties of the South Bend or
Mishawaka fiscal officer to be performed by the St. Joseph County treasurer. Requires a court
clerk to collect a credit card service fee. Allows a county property owner to serve on a county
plan commission if the county lacks an agricultural extension educator. Makes annexation
provisions that apply to other municipalities applicable to a city in St. Joseph County. Allows a
county building authority to sell revenue bonds at a private or negotiated sale. Allows a member
of an airport authority board to participate in meetings from a location other than the meeting site
if certain requirements are met. If disclosure of a public record would have a reasonable
likelihood of threatening public safety by exposing vulnerability to a terrorist attack: (1) the
public agency may prevent disclosure of the records; (2) a state agency may consult with the
counterterrorism and security council regarding the request for disclosure. Requires a public
agency that owns or operates an airport to approve disclosure of records concerning airport
buildings. Moves a provision concerning disclosure of lists of names and addresses to another
location in the public records statute. (This conference committee report inserts the following
provisions: (1) Clerk's credit card service fee. (2) Plan commission membership absent a
county agricultural extension educator. (3) Annexation provisions for a city in St. Joseph
County. (4) County building authority sale of revenue bonds. (5) Airport authority board
meetings. (6) Records disclosure and risk of terrorist attack. Makes a technical change.
Removes a provision from EHB 1242 regarding deadlines for county surplus tax fund
refund claims.)
Effective: Upon passage; July 1, 2003; January 1, 2004.
Text Box
Adopted Rejected
[
]
CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1242 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 5-13-8-9; (03)CC124205.1. -->
SECTION 1.
IC 5-13-8-9
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 9. (a) All public funds of all
political subdivisions shall be deposited in the designated depositories
located in the respective territorial limits of the political subdivisions,
except as provided in this section.
(b) Each board of finance of a political subdivision:
(1) that is not a city, town, or school corporation; and
(2) whose jurisdiction crosses one (1) or more county lines;
may limit its boundaries for the purpose of this section to that portion
of the political subdivision within the county where its principal office
is located.
(c) If there is no principal office or branch of a financial institution
located in the county or political subdivision, or if no financial
institution with a principal office or branch in the county or political
subdivision will accept public funds under this chapter, the board of
finance of the county and the boards of finance of the political
subdivisions in the county shall designate one (1) or more financial
institutions with a principal office or branch outside of the county or
political subdivision, and in the state, as a depository or depositories.
(d) The board of trustees for a hospital organized or operated under
IC 16-22-1
through
IC 16-22-5
or
IC 16-23-1
may invest any money in
the hospital fund anywhere in the state with any financial institution
designated by the state board of finance as depositories for state
deposits.
(e) If only one (1) financial institution that has a branch or principal
office in a county or political subdivision is willing to accept public
funds, the board of finance for the county or political subdivision may:
(1) treat the financial institution that is located within the county
or political subdivision as if the financial institution were not
located within the county or political subdivision; and
(2) designate one (1) or more financial institutions to receive
public funds under the requirements of subsection (c).
(f) The investing officer shall maintain the deposits as follows:
(1) In one (1) or more depositories designated for the political
subdivision, if the sum of the monthly average balances of all
the transaction accounts for the political subdivision does not
exceed one hundred thousand dollars ($100,000).
(2) In each depository designated for the political subdivision,
if subdivision (1) does not apply and fewer than three (3)
financial institutions are designated by the local board of
finance as a depository.
(3) In at least two (2) depositories designated for the political
subdivision, if subdivision (1) does not apply and at least three
(3) financial institutions are designated by the local board of
finance as a depository.
SOURCE: IC 5-13-9-4; (03)CC124205.2. -->
SECTION 2.
IC 5-13-9-4
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 4. (a) Each officer designated in
section 1 of this chapter may deposit, invest, or reinvest any funds that
are held by the officer and available for investment in transaction
accounts issued or offered by a designated depository of a political
subdivision for the rates and terms agreed upon periodically by the
officer making the investment and the designated depository.
The fiscal
body of a political subdivision shall require the investing officer to
deposit and maintain deposits that are invested or reinvested under this
subsection as follows:
(1) In one (1) or more depositories designated for the political
subdivision, if the sum of the monthly average balances of all of
the transaction accounts for the political subdivision does not
exceed one hundred thousand dollars ($100,000).
(2) In each depository designated for the political subdivision, if
subdivision (1) does not apply and less than three (3) financial
institutions are designated by the local board of finance as a
depository.
(3) In at least two (2) depositories designated for the political
subdivision, if subdivision (1) does not apply and at least three (3)
financial institutions are designated by the local board of finance
as a depository.
(b) The investing officer making a deposit in a certificate of deposit
shall obtain quotes of the specific rates of interest for the term of that
certificate of deposit that each designated depository will pay on the
certificate of deposit. Quotes may be solicited and taken by telephone.
A memorandum of all quotes solicited and taken shall be retained by
the investing officer as a public record of the political subdivision
under
IC 5-14-3.
A deposit made under this subsection shall be placed
in the designated depository quoting the highest rate of interest. If more
than one (1) depository submits a quote of the highest interest rate
quoted for the investment, the deposit may be placed in any or all of the
designated depositories quoting the highest rate in the amount or
amounts determined by the investing officer, in the investing officer's
discretion.
(c) If all of the designated depositories of a political subdivision
decline to issue or receive any deposit account, or to issue or receive
the deposit account at a rate of interest equal to the highest rate being
offered other investors, investments may be made in the deposit
accounts of any financial institution designated for state deposits as a
depository by the state board of finance under
IC 5-13-9.5.
SOURCE: IC 5-13-11-2.5; (03)CC124205.3. -->
SECTION 3.
IC 5-13-11-2.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 2.5. (a) A contract may be renewed under this
chapter if the county board of finance for a county subject to
IC 5-13-7-1
or the fiscal body of a political subdivision and the
investing officer of the political subdivision agree with the
depository to renew the contract under the same terms or better
terms as the original contract.
(b) The term of a renewed contract may not be longer than the
term of the original contract.
(c) A contract may be renewed any number of times.
SOURCE: IC 5-14-3-3; (03)CC124205.4. -->
SECTION 4.
IC 5-14-3-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Any person may inspect
and copy the public records of any public agency during the regular
business hours of the agency, except as provided in section 4 of this
chapter. A request for inspection or copying must:
(1) identify with reasonable particularity the record being
requested; and
(2) be, at the discretion of the agency, in writing on or in a form
provided by the agency.
No request may be denied because the person making the request
refuses to state the purpose of the request, unless such condition is
required by other applicable statute.
(b) A public agency may not deny or interfere with the exercise of the
right stated in subsection (a). The public agency shall either:
(1) provide the requested copies to the person making the request;
or
(2) allow the person to make copies:
(A) on the agency's equipment; or
(B) on
his the person's own equipment.
(c) Notwithstanding subsections (a) and (b), a public agency may or
may not do the following:
(1) In accordance with a contract described in section 3.5 of this
chapter, permit a person to inspect and copy through the use of
enhanced access public records containing information owned by
or entrusted to the public agency.
(2) Permit a governmental entity to use an electronic device to
inspect and copy public records containing information owned by
or entrusted to the public agency.
(d) Except as provided in subsection (e), a public agency that
maintains or contracts for the maintenance of public records in an
electronic data storage system shall make reasonable efforts to provide
to a person making a request a copy of all disclosable data contained
in the records on paper, disk, tape, drum, or any other method of
electronic retrieval if the medium requested is compatible with the
agency's data storage system. This subsection does not apply to an
electronic map. (as defined by IC 5-14-3-2).
(e) A state agency may adopt a rule under
IC 4-22-2
, and a political
subdivision may enact an ordinance, prescribing the conditions under
which a person who receives information on disk or tape under
subsection (d) may or may not use the information for commercial
purposes, including to sell, advertise, or solicit the purchase of
merchandise, goods, or services, or sell, loan, give away, or otherwise
deliver the information obtained by the request to any other person (as
defined in IC 5-14-3-2) for these purposes. Use of information received
under subsection (d) in connection with the preparation or publication
of news, for nonprofit activities, or for academic research is not
prohibited. A person who uses information in a manner contrary to a
rule or ordinance adopted under this subsection may be prohibited by
the state agency or political subdivision from obtaining a copy or any
further data under subsection (d).
(f) Notwithstanding the other provisions of this section, a public
agency is not required to create or provide copies of lists of names
and addresses, unless the public agency is required to publish such
lists and disseminate them to the public under a statute. However,
if a public agency has created a list of names and addresses, it must
permit a person to inspect and make memoranda abstracts from
the list unless access to the list is prohibited by law. The following
lists of names and addresses may not be disclosed by public
agencies to commercial entities for commercial purposes and may
not be used by commercial entities for commercial purposes:
(1) A list of employees of a public agency.
(2) A list of persons attending conferences or meetings at a
state institution of higher education or of persons involved in
programs or activities conducted or supervised by the state
institution of higher education.
(3) A list of students who are enrolled in a public school
corporation if the governing body of the public school
corporation adopts a policy:
(A) prohibiting the disclosure of the list to commercial
entities for commercial purposes; or
(B) specifying the classes or categories of commercial entities
to which the list may not be disclosed or by which the list
may not be used for commercial purposes.
A policy adopted under subdivision (3) must be uniform and may
not discriminate among similarly situated commercial entities.
(g) A public agency may not enter into or renew a contract or an
obligation:
(1) for the storage or copying of public records; or
(2) that requires the public to obtain a license or pay copyright
royalties for obtaining the right to inspect and copy the records
unless otherwise provided by applicable statute;
if the contract, obligation, license, or copyright unreasonably impairs
the right of the public to inspect and copy the agency's public records.
(g) (h) If this section conflicts with IC 3-7, the provisions of IC 3-7
apply.
SOURCE: IC 5-14-3-4; (03)CC124205.5. -->
SECTION 5.
IC 5-14-3-4
, AS AMENDED BY P.L.1-2002,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The following public records are
excepted from section 3 of this chapter and may not be disclosed by a
public agency, unless access to the records is specifically required by
a state or federal statute or is ordered by a court under the rules of
discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public agency
under specific authority to classify public records as confidential
granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request, from
a person. However, this does not include information that is filed
with or received by a public agency pursuant to state statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of an institution of
higher education, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider, unless
the patient gives written consent under IC 16-39.
(10) Application information declared confidential by the
twenty-first century research and technology fund board under
IC 4-4-5.1.
(11) The following personal information concerning a customer of
a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Social Security number.
(C) Address.
(12) (11) A photograph, a video recording, or an audio recording
of an autopsy, except as provided in
IC 36-2-14-10.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies. However,
certain law enforcement records must be made available for
inspection and copying as provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to state
employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of his the person's scores.
(5) The following:
(A) Records relating to negotiations between the department of
commerce, the Indiana development finance authority, the film
commission, the Indiana business modernization and technology
corporation, or economic development commissions with
industrial, research, or commercial prospects, if the records are
created while negotiations are in progress.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the department of
commerce, the Indiana development finance authority, the
Indiana film commission, the Indiana business modernization
and technology corporation, or economic development
commissions to an industrial, a research, or a commercial
prospect shall be available for inspection and copying under
section 3 of this chapter after negotiations with that prospect
have terminated.
(C) When disclosing a final offer under clause (B), the
department of commerce shall certify that the information being
disclosed accurately and completely represents the terms of the
final offer.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for
public employment, except for:
(A) the name, compensation, job title, business address, business
telephone number, job description, education and training
background, previous work experience, or dates of first and last
employment of present or former officers or employees of the
agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) information concerning disciplinary actions in which final
action has been taken and that resulted in the employee being
disciplined or discharged.
However, all personnel file information shall be made available to
the affected employee or
his the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would jeopardize
a recordkeeping or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency or
entrusted to it and portions of electronic maps entrusted to a public
agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under
IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of
his the donor's identity
as a condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition that
the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in the
documents under which the deposit or acquisition is made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts
entered into by the Indiana state library pursuant to
IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor
vehicles concerning the ability of a driver to operate a motor
vehicle safely and the medical records and evaluations made by the
bureau of motor vehicles staff or members of the driver licensing
advisory committee. However, upon written request to the
commissioner of the bureau of motor vehicles, the driver must be
given copies of the driver's medical records and evaluations that
concern the driver.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of
which would have a reasonable likelihood of threatening public
safety by exposing a vulnerability to terrorist attack. A record
described under this subdivision includes:
(A) a record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under
IC 35-47-12-1
or an act of agricultural terrorism under
IC 35-47-12-2
;
(B) vulnerability assessments;
(C) risk planning documents;
(D) needs assessments;
(E) threat assessments;
(F) domestic preparedness strategies;
(G) the location of community drinking water wells and
surface water intakes;
(H) the emergency contact information of emergency
responders and volunteers;
(I) infrastructure records that disclose the configuration of
critical systems such as communication, electrical,
ventilation, water, and wastewater systems; and
(J) detailed drawings or specifications of structural elements,
floor plans, and operating, utility, or security systems,
whether in paper or electronic form, of any building or
facility located on an airport (as defined in
IC 8-21-1-1
) that
is owned, occupied, leased, or maintained by a public agency.
A record described in this clause may not be released for
public inspection by any public agency without the prior
approval of the public agency that owns, occupies, leases, or
maintains the airport. The public agency that owns, occupies,
leases, or maintains the airport:
(i) is responsible for determining whether the public
disclosure of a record or a part of a record has a
reasonable likelihood of threatening public safety by
exposing a vulnerability to terrorist attack; and
(ii) must identify a record described under item (i) and
clearly mark the record as "confidential and not subject to
public disclosure under
IC 5-14-3-4
(19)(I) without
approval of (insert name of submitting public agency)".
This subdivision does not apply to a record or portion of a
record pertaining to a location or structure owned or protected
by a public agency in the event that an act of terrorism under
IC 35-47-12-1
or an act of agricultural terrorism under
IC 35-47-12-2
has occurred at that location or structure, unless
release of the record or portion of the record would have a
reasonable likelihood of threatening public safety by exposing
a vulnerability of other locations or structures to terrorist
attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in
IC 8-1-2-1
):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(c) Notwithstanding section 3 of this chapter, a public agency is not
required to create or provide copies of lists of names and addresses,
unless the public agency is required to publish such lists and
disseminate them to the public pursuant to statute. However, if a public
agency has created a list of names and addresses, it must permit a
person to inspect and make memoranda abstracts from the lists unless
access to the lists is prohibited by law. The following lists of names and
addresses may not be disclosed by public agencies to commercial
entities for commercial purposes and may not be used by commercial
entities for commercial purposes:
(1) A list of employees of a public agency.
(2) A list of persons attending conferences or meetings at a state
institution of higher education or of persons involved in programs
or activities conducted or supervised by the state institution of
higher education.
(3) A list of students who are enrolled in a public school
corporation if the governing body of the public school corporation
adopts a policy:
(A) prohibiting the disclosure of the list to commercial entities
for commercial purposes; or
(B) specifying the classes or categories of commercial entities to
which the list may not be disclosed or by which the list may not
be used for commercial purposes.
A policy adopted under subdivision (3) must be uniform and may not
discriminate among similarly situated commercial entities.
(d) (c) Nothing contained in subsection (b) shall limit or affect the
right of a person to inspect and copy a public record required or
directed to be made by any statute or by any rule of a public agency.
(e) (d) Notwithstanding any other law, a public record that is
classified as confidential, other than a record concerning an adoption,
shall be made available for inspection and copying seventy-five (75)
years after the creation of that record.
(f) (e) Notwithstanding subsection
(e) (d) and section 7 of this
chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
SOURCE: IC 5-14-3-9; (03)CC124205.6. -->
SECTION 6.
IC 5-14-3-9
, AS AMENDED BY P.L.191-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) A denial of disclosure by a public
agency occurs when the person making the request is physically present
in the office of the agency, makes the request by telephone, or requests
enhanced access to a document and:
(1) the person designated by the public agency as being responsible
for public records release decisions refuses to permit inspection
and copying of a public record when a request has been made; or
(2) twenty-four (24) hours elapse after any employee of the public
agency refuses to permit inspection and copying of a public record
when a request has been made;
whichever occurs first.
(b) If a person requests by mail or by facsimile a copy or copies of a
public record, a denial of disclosure does not occur until seven (7) days
have elapsed from the date the public agency receives the request.
(c) If a request is made orally, either in person or by telephone, a
public agency may deny the request orally. However, if a request
initially is made in writing, by facsimile, or through enhanced access,
or if an oral request that has been denied is renewed in writing or by
facsimile, a public agency may deny the request if:
(1) the denial is in writing or by facsimile; and
(2) the denial includes:
(A) a statement of the specific exemption or exemptions
authorizing the withholding of all or part of the public record;
and
(B) the name and the title or position of the person responsible
for the denial.
(d)
This subsection applies to a board, a commission, a
department, a division, a bureau, a committee, an agency, an office,
an instrumentality, or an authority, by whatever name designated,
exercising any part of the executive, administrative, judicial, or
legislative power of the state. If an agency receives a request to
inspect or copy a record that the agency considers to be excepted
from disclosure under section 4(b)(19) of this chapter, the agency
may consult with the counterterrorism and security council
established under
IC 4-3-20.
If an agency denies the disclosure of
a record or a part of a record under section 4(b)(19) of this
chapter, the agency or the counterterrorism and security council
shall provide a general description of the record being withheld
and of how disclosure of the record would have a reasonable
likelihood of threatening the public safety.
(e) A person who has been denied the right to inspect or copy a
public record by a public agency may file an action in the circuit or
superior court of the county in which the denial occurred to compel the
public agency to permit the person to inspect and copy the public
record. Whenever an action is filed under this subsection, the public
agency must notify each person who supplied any part of the public
record at issue:
(1) that a request for release of the public record has been denied;
and
(2) whether the denial was in compliance with an informal inquiry
response or advisory opinion of the public access counselor.
Such persons are entitled to intervene in any litigation that results from
the denial. The person who has been denied the right to inspect or copy
need not allege or prove any special damage different from that
suffered by the public at large.
(e) (f) The court shall determine the matter de novo, with the burden
of proof on the public agency to sustain its denial. If the issue in de
novo review under this section is whether a public agency properly
denied access to a public record because the record is exempted under
section 4(a) of this chapter, the public agency meets its burden of proof
under this subsection by establishing the content of the record with
adequate specificity and not by relying on a conclusory statement or
affidavit.
(f) (g) If the issue in a de novo review under this section is whether
a public agency properly denied access to a public record because the
record is exempted under section 4(b) of this chapter:
(1) the public agency meets its burden of proof under this
subsection by:
(A) proving that the record falls within any one (1) of the
categories of exempted records under section 4(b) of this
chapter; and
(B) establishing the content of the record with adequate
specificity and not by relying on a conclusory statement or
affidavit; and
(2) a person requesting access to a public record meets the person's
burden of proof under this subsection by proving that the denial of
access is arbitrary or capricious.
(g) (h) The court may review the public record in camera to
determine whether any part of it may be withheld under this chapter.
(h) (i) In any action filed under this section, a court shall award
reasonable attorney attorney's fees, court costs, and other reasonable
expenses of litigation to the prevailing party if:
(1) the plaintiff substantially prevails; or
(2) the defendant substantially prevails and the court finds the
action was frivolous or vexatious.
The plaintiff is not eligible for the awarding of attorney's fees, court
costs, and other reasonable expenses if the plaintiff filed the action
without first seeking and receiving an informal inquiry response or
advisory opinion from the public access counselor, unless the plaintiff
can show the filing of the action was necessary because the denial of
access to a public record under this chapter would prevent the plaintiff
from presenting that public record to a public agency preparing to act
on a matter of relevance to the public record whose disclosure was
denied.
(i) (j) A court shall expedite the hearing of an action filed under this
section.
SOURCE: IC 6-1.1-18-6; (03)CC124205.7. -->
SECTION 7.
IC 6-1.1-18-6
, AS AMENDED BY P.L.90-2002,
SECTION 162, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 6. (a) The proper officers of a
political subdivision may transfer money from one major budget
classification to another within a department or office if:
(1) they determine that the transfer is necessary;
(2) the transfer does not require the expenditure of more money
than the total amount set out in the budget as finally determined
under this article; and
(3) the transfer is made at a regular public meeting and by proper
ordinance or resolution. and
(4) the transfer is certified to the county auditor.
(b) A transfer may be made under this section without notice and
without the approval of the department of local government finance.
SOURCE: IC 6-1.1-18-7; (03)CC124205.8. -->
SECTION 8.
IC 6-1.1-18-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. Notwithstanding the
other provisions of this chapter, the appropriating body fiscal officer
of a political subdivision may appropriate funds received from an
insurance company if:
(1) the funds are received as a result of damage to property of the
political subdivision; and
(2) the funds are appropriated for the purpose of repairing or
replacing the damaged property.
However, this section applies only if the funds are in fact expended to
repair or replace the property within the twelve (12) month period after
they are received.
SOURCE: IC 6-1.1-23-1; (03)CC124205.9. -->
SECTION 9.
IC 6-1.1-23-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) Annually, after
November 10th but prior to August 1st of the succeeding year, each
county treasurer shall serve a written demand upon each county
resident who is delinquent in the payment of personal property taxes.
The written demand may be served upon the taxpayer:
(1) by registered or certified mail;
(2) in person by the county treasurer or his deputy; the county
treasurer's agent; or
(3) by proof of certificate of mailing.
(b) The written demand required by this section shall contain:
(1) a statement that the taxpayer is delinquent in the payment of
personal property taxes;
(2) the amount of the delinquent taxes;
(3) the penalties due on the delinquent taxes;
(4) the collection expenses which the taxpayer owes; and
(5) a statement that if the sum of the delinquent taxes, penalties,
and collection expenses are not paid within thirty (30) days from
the date the demand is made then:
(A) sufficient personal property of the taxpayer shall be sold to
satisfy the total amount due plus the additional collection
expenses incurred; or
(B) a judgment may be entered against the taxpayer in the circuit
court of the county.
SOURCE: IC 8-17-4.1-5; (03)CC124205.10. -->
SECTION 10.
IC 8-17-4.1-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. The governing body
shall prepare by December 31 April 15 of each year an operational
report for the prior calendar year of the department within the county
or municipality that has road and street responsibilities.
SOURCE: IC 8-17-4.1-6; (03)CC124205.11. -->
SECTION 11.
IC 8-17-4.1-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. (a) This report shall
be prepared on forms prescribed by the state board of accounts and
must disclose for the calendar year the following:
(1) The receipts of the department and the sources of the receipts.
(2) The expenditures of the department showing the purpose of
each expenditure made and to account for all funds.
(3) The number of employees of the department each month and
the work classifications of the employees.
(4) The proposed construction, reconstruction, and repair program
following the year of the annual report.
(5) The maintenance expenses.
(b) The report must also include other all information considered
necessary by the state board of accounts to reflect the financial
condition and operations of the department.
SOURCE: IC 8-17-4.1-7; (03)CC124205.12. -->
SECTION 12.
IC 8-17-4.1-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. The annual
operational report must be completed and a copy filed with the state
board of accounts, the governing body, and the department by February
15 June 1 following the operational report year. The department shall
make the report available to the public.
SOURCE: IC 8-23-3-8; (03)CC124205.13. -->
SECTION 13.
IC 8-23-3-8
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2004]: Sec. 8. (a) The public mass
transportation fund is established for the purpose of promoting and
developing public mass transportation in Indiana. The fund shall be
administered by the department.
(b) The treasurer of state may invest the money in the fund in the
same manner as other public funds may be invested.
(c) Money in the fund at the end of a fiscal year does not revert to the
state general fund.
(d) Money distributed from the fund in a county containing a
consolidated city must be distributed to the consolidated city for
promoting and developing public mass transportation and not to a
public transportation corporation located within the county.
SOURCE: IC 20-14-7-2; (03)CC124205.14. -->
SECTION 14.
IC 20-14-7-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) The library board
of any public library established as a 1901 city or town library consists
of qualified and experienced persons of at least eighteen (18) years of
age who have been residents of the municipality where the library is
located for at least two (2) years immediately preceding their
appointment. The members shall be appointed for two (2) year terms
as follows:
(1) The board of commissioners of the county where the library is
located shall appoint one (1) member.
(2) The fiscal body of the county where the library is located shall
appoint one (1) member.
(3) The municipal executive shall appoint one (1) member.
(4) The municipal legislative body shall appoint one (1) member.
(5) The school board of the school corporation where the library is
located shall appoint three (3) members who may be members of
the school board.
(b) If a vacancy occurs on the library board for any cause, the
appointing authority shall fill the respective vacancy. The appointing
authority may at any time, for cause shown, remove any member of the
library board and appoint a new member to fill the vacancy occasioned
by this removal.
(c) The library board members shall serve without compensation.
(d) All appointments to membership on the library board shall be
evidenced by certificates of appointment signed by the appointing
authority. Certificates of appointment shall be handed to or mailed to
the address of the appointee. Within ten (10) days after receiving the
certificates of appointment, the appointees shall take an oath of office,
before the clerk of the circuit court, that the appointee will faithfully
discharge his the appointee's duties as a member of the library board
to the best of his the appointee's ability. The appointee shall file the
certificate, with the oath endorsed on it, with the clerk of the circuit
court of the county in which the library is located.
(e) Within five (5) days after all the members of the library board
have been appointed and have taken the oath of office, the members
shall meet and organize by electing one (1) of their number president,
one (1) vice president, and one (1) secretary. They shall also select
committees or an executive board to carry on the work of the board
should they determine that committees or an executive board is
necessary for this purpose.
(f) The facilities of a public library established as a 1901 city or town
library are open and free for the use and benefit of all of the residents
of the library district.
(g) The fiscal officer (or county treasurer acting under IC 36-4-10-6)
of the municipality operating a public library under this section shall
prepare and file with the municipal legislative body, before January 16
each year, an itemized statement, under oath, of all the receipts and
disbursements of the library board for the year ending December 31
immediately preceding the preparing and filing of the report. The report
must contain an itemized statement of the sources of all receipts, of all
disbursements made, and of the purpose for which each was made. This
annual report may be inspected by the citizens of the municipality and
township in which the library is located.
SOURCE: IC 33-19-6.5; (03)CC124205.15. -->
SECTION 15.
IC 33-19-6.5
IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]:
Chapter 6.5. Credit Card Service Fee
Sec. 1. This chapter applies to any transaction in which:
(1) the clerk is required to collect money from a person,
including:
(A) bail;
(B) a fine;
(C) a civil penalty;
(D) a court fee or court cost; or
(E) a fee for the preparation, duplication, or transmission of
a document; and
(2) the person pays the clerk by means of a credit card, debit
card, charge card, or similar method.
Sec. 2. A payment made under this chapter does not finally
discharge the person's liability and the person has not paid the
liability until the clerk receives payment or credit from the
institution responsible for making the payment or credit. The clerk
may contract with a bank or credit card vendor for acceptance of
bank or credit cards. However, if there is a vendor transaction
charge or discount fee, whether billed to the clerk or charged
directly to the clerk's account, the clerk shall collect a fee from the
person using the bank or credit card. The fee is a permitted
additional charge to the money the clerk is required to collect
under section 1(1) of this chapter.
Sec. 3. The clerk shall forward credit card service fees collected
under this chapter to the county auditor or city or town fiscal
officer in accordance with
IC 33-19-1-3
(a). These funds may be
used without appropriation to pay the transaction charge or
discount fee charged by the bank or credit card vendor.
SOURCE: IC 35-33-8-9; (03)CC124205.16. -->
SECTION 16.
IC 35-33-8-9
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 9. In addition to any other condition of bail imposed
under this chapter, a defendant who posts bail by means of a credit
card shall pay the credit card service fee under
IC 33-19-6.5.
SOURCE: IC 35-33-9-7; (03)CC124205.17. -->
SECTION 17.
IC 35-33-9-7
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 7. In addition to any other condition of bail imposed
under this chapter, a defendant who posts bail by means of a credit
card shall pay the credit card service fee under
IC 33-19-6.5.
SOURCE: IC 36-1-8-5; (03)CC124205.18. -->
SECTION 18.
IC 36-1-8-5
, AS AMENDED BY P.L.251-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 5. (a) This section applies to all funds raised by a
general or special tax levy on all the taxable property of a political
subdivision.
(b) Whenever the purposes of a tax levy have been fulfilled and an
unused and unencumbered balance remains in the fund, the fiscal body
of the political subdivision shall order the balance of that fund to be
transferred as follows, unless a statute provides that it be transferred
otherwise:
(1) Funds of a county, to the general fund or rainy day fund of the
county, as provided in section 5.1 of this chapter.
(2) Funds of a municipality, to the general fund or rainy day fund
of the municipality, as provided in section 5.1 of this chapter.
(3) Funds of a township for redemption of poor relief obligations,
to the poor relief fund of the township or rainy day fund of the
township, as provided in section 5.1 of this chapter.
(4) Funds of any other political subdivision, to the general fund or
rainy day fund of the political subdivision, as provided in section
5.1 of this chapter. However, if the political subdivision is
dissolved or does not have a general fund or rainy day fund, then
to the general fund of each of the units located in the political
subdivision in the same proportion that the assessed valuation of
the unit bears to the total assessed valuation of the political
subdivision.
(c) Whenever an unused and unencumbered balance remains in the
civil township fund of a township and a current tax levy for the fund is
not needed, the township fiscal body may order any part of the balance
of that fund transferred to the debt service fund of the school
corporation located in or partly in the township; but if more than one
(1) school corporation is located in or partly in the township, then any
sum transferred shall be transferred to the debt service fund of each of
those school corporations in the same proportion that the part of the
assessed valuation of the school corporation in the township bears to
the total assessed valuation of the township.
(d) Transfers to a political subdivision's rainy day fund must be
made after the last day of the political subdivision's fiscal year and
before March 1 of the subsequent calendar year.
SOURCE: IC 36-1-8-5.1; (03)CC124205.19. -->
SECTION 19.
IC 36-1-8-5.1
, AS AMENDED BY P.L.90-2002,
SECTION 461, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 5.1. (a) A political subdivision may
establish a rainy day fund to receive transfers of unused and
unencumbered funds under section 5 of this chapter. by the adoption
of:
(1) an ordinance, in the case of a county, city, or town; or
(2) a resolution, in the case of any other political subdivision.
(b) An ordinance or a resolution adopted under this section must
specify the following:
(1) The purposes of the rainy day fund.
(2) The sources of funding for the rainy day fund.
(b) (c) The rainy day fund is subject to the same appropriation
process as other funds that receive tax money. Before making an
appropriation from the rainy day fund, the fiscal body shall make a
finding that the proposed use of the rainy day fund is consistent with
the intent of the fund.
(c) (d) In any fiscal year, a political subdivision may transfer not
more than ten percent (10%) of the political subdivision's total annual
budget for that fiscal year year, adopted under
IC 6-1.1-17
, to the
rainy day fund.
(d) (e) A political subdivision may use only the funding sources
specified in the ordinance or resolution establishing the rainy day
fund unless the political subdivision adopts a subsequent ordinance
or resolution authorizing the use of another funding source.
(f) The department of local government finance may not reduce the
actual or maximum permissible levy of a political subdivision as a
result of a balance in the rainy day fund of the political subdivision.
SOURCE: IC 36-1-8-11; (03)CC124205.20. -->
SECTION 20.
IC 36-1-8-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 11. (a) This section
does not apply to a county treasurer governed by
IC 36-2-10-23.
(b) As used in this section, "credit card" means a:
(1) credit card;
(2) debit card;
(3) charge card; or
(4) stored value card.
(c) A payment to a political subdivision or a municipally owned
utility for any purpose may be made by any of the following financial
instruments that the fiscal body of the political subdivision or the board
of the municipally owned utility authorizes for use:
(1) Cash.
(2) Check.
(3) Bank draft.
(4) Money order.
(5) Bank card or credit card.
(6) Electronic funds transfer.
(7) Any other financial instrument authorized by the fiscal body.
(d) If there is a charge to the political subdivision or municipally
owned utility for the use of a financial instrument,
other than a bank
card or credit card, the political subdivision or municipally owned
utility shall may collect a sum equal to the amount of the charge from
the person who uses the financial instrument.
(e) If authorized by the fiscal body of the political subdivision or the
board of the municipally owned utility, the political subdivision or
municipally owned utility may accept payments under this section with
a bank card or credit card under the procedures set forth in this section.
However, the procedure authorized for a particular type of payment
must be uniformly applied to all payments of the same type.
(f) The political subdivision or municipally owned utility may
contract with a bank card or credit card vendor for acceptance of bank
cards or credit cards.
(g) The political subdivision or municipally owned utility may pay
any applicable bank card or credit card service charge associated with
the use of a bank card or credit card under this subsection.
(h) The authorization of the fiscal body of the political subdivision
is not required by the bureau of motor vehicles or the bureau of motor
vehicles commission to use electronic funds transfer or other financial
instruments to transfer funds to the political subdivision.
SOURCE: IC 36-2-7-9; (03)CC124205.21. -->
SECTION 21.
IC 36-2-7-9
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 9. (a) When the county treasurer
performs duties in a second class city under IC 36-4-10-6, the treasurer
shall pay fees accruing exclusively on city business into the general
fund of the city.
(b) This chapter does not require the county sheriff to pay the
following into the county general fund:
(1) Any damages set forth in a warrant that is issued by the
department of state revenue and on which collection is made by the
sheriff, including damages prescribed by
IC 6-8.1-8.
(2) Sums, other than court fees, retained by the circuit court clerk
for the sheriff from the collections obtained by warrants of the
department of workforce development.
(3) Sums allowed by IC 36-8 to sheriffs for the feeding of
prisoners.
SOURCE: IC 36-4-3-5; (03)CC124205.22. -->
SECTION 22.
IC 36-4-3-5
, AS AMENDED BY P.L.224-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 5. (a) If the owners of land located outside of but
contiguous to a municipality want to have territory containing that land
annexed to the municipality, they may file with the legislative body of
the municipality a petition:
(1) signed by at least:
(A) fifty-one percent (51%) of the owners of land in the territory
sought to be annexed; or
(B) the owners of seventy-five percent (75%) of the total
assessed value of the land for property tax purposes; and
(2) requesting an ordinance annexing the area described in the
petition.
(b) The petition circulated by the landowners must include on each
page where signatures are affixed a heading that is substantially similar
to the following:
"PETITION FOR ANNEXATION INTO THE (insert whether city or
town) OF (insert name of city or town).".
(c) Except as provided in section 5.1 of this chapter, if the legislative
body fails to pass the ordinance within one hundred fifty (150) days
after the date of filing of a petition under subsection (a), the petitioners
may file a duplicate copy of the petition in the circuit or superior court
of a county in which the territory is located, and shall include a written
statement of why the annexation should take place. Notice of the
proceedings, in the form of a summons, shall be served on the
municipality named in the petition. The municipality is the defendant
in the cause and shall appear and answer.
(d) The court shall hear and determine the petition without a jury,
and shall order the proposed annexation to take place only if the
evidence introduced by the parties establishes that:
(1) essential municipal services and facilities are not available to
the residents of the territory sought to be annexed;
(2) the municipality is physically and financially able to provide
municipal services to the territory sought to be annexed;
(3) the population density of the territory sought to be annexed is
at least three (3) persons per acre; and
(4) the territory sought to be annexed is contiguous to the
municipality.
If the evidence does not establish all four (4) of the preceding factors,
the court shall deny the petition and dismiss the proceeding.
(e) This subsection does not apply to a town that has abolished town
legislative body districts under
IC 36-5-2-4.1.
An ordinance adopted
under this section must assign the territory annexed by the ordinance
to at least one (1) municipal legislative body district.
(f) In a county having a population of more than two hundred
thousand (200,000) but less than three hundred thousand (300,000), the
court shall hear and determine the petition without a jury and shall
order the proposed annexation to take place only if the evidence
introduced by the parties establishes that:
(1) essential city services and facilities are or can be made
available to the residents of the territory sought to be annexed;
(2) the city is physically and financially able to provide city
services to the territory sought to be annexed; and
(3) the territory sought to be annexed is contiguous to the city.
If the evidence does not establish all three (3) of the preceding factors,
the court shall deny the petition and dismiss the proceeding.
SOURCE: IC 36-4-3-11; (03)CC124205.23. -->
SECTION 23.
IC 36-4-3-11
, AS AMENDED BY P.L.224-2001,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 11. (a) Except as provided in section 5.1(i) of this
chapter and subsection (d), whenever territory is annexed by a
municipality under this chapter, the annexation may be appealed by
filing with the circuit or superior court of a county in which the
annexed territory is located a written remonstrance signed by: (1) if the
annexation is by a city in a county with a population of more than two
hundred thousand (200,000) but less than three hundred thousand
(300,000): (A) a majority of the owners of land in the annexed territory;
or (B) the owners of more than seventy-five percent (75%) in assessed
valuation of the land in the annexed territory; or (2) if the annexation
is by a municipality that is not described in subdivision (1):
(A) (1) at least sixty-five percent (65%) of the owners of land in
the annexed territory; or
(B) (2) the owners of more than seventy-five percent (75%) in
assessed valuation of the land in the annexed territory.
The remonstrance must be filed within ninety (90) days after the
publication of the annexation ordinance under section 7 of this chapter,
must be accompanied by a copy of that ordinance, and must state the
reason why the annexation should not take place.
(b) On receipt of the remonstrance, the court shall determine whether
the remonstrance has the necessary signatures. In determining the total
number of landowners of the annexed territory and whether signers of
the remonstrance 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.
(c) If the court determines that the remonstrance is sufficient, it shall
fix a time, within sixty (60) days of its determination, for a hearing on
the remonstrance. Notice of the proceedings, in the form of a summons,
shall be served on the annexing municipality. The municipality is the
defendant in the cause and shall appear and answer.
(d) If an annexation is initiated by property owners under section 5.1
of this chapter and all property owners within the area to be annexed
petition the municipality to be annexed, a remonstrance to the
annexation may not be filed under this section.
SOURCE: IC 36-4-3-13; (03)CC124205.24. -->
SECTION 24.
IC 36-4-3-13
, AS AMENDED BY P.L.170-2002,
SECTION 144, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 13. (a) Except as provided in
subsections (e) and (g), at the hearing under section 12 of this chapter,
the court shall order a proposed annexation to take place if the
following requirements are met:
(1) The requirements of either subsection (b) or (c).
(2) The requirements of subsection (d).
(b) The requirements of this subsection are met if the evidence
establishes the following:
(1) That the territory sought to be annexed is contiguous to the
municipality.
(2) One (1) of the following:
(A) The resident population density of the territory sought to be
annexed is at least three (3) persons per acre.
(B) Sixty percent (60%) of the territory is subdivided.
(C) The territory is zoned for commercial, business, or industrial
uses.
(c) The requirements of this subsection are met if the evidence
establishes the following:
(1) That the territory sought to be annexed is contiguous to the
municipality as required by section 1.5 of this chapter, except that
at least one-fourth (1/4), instead of one-eighth (1/8), of the
aggregate external boundaries of the territory sought to be annexed
must coincide with the boundaries of the municipality.
(2) That the territory sought to be annexed is needed and can be
used by the municipality for its development in the reasonably near
future.
(d) The requirements of this subsection are met if the evidence
establishes that the municipality has developed and adopted a written
fiscal plan and has established a definite policy, by resolution of the
legislative body as set forth in section 3.1 of this chapter. The fiscal
plan must show the following:
(1) The cost estimates of planned services to be furnished to the
territory to be annexed. The plan must present itemized estimated
costs for each municipal department or agency.
(2) The method or methods of financing the planned services. The
plan must explain how specific and detailed expenses will be
funded and must indicate the taxes, grants, and other funding to be
used.
(3) The plan for the organization and extension of services. The
plan must detail the specific services that will be provided and the
dates the services will begin.
(4) That planned services of a noncapital nature, including police
protection, fire protection, street and road maintenance, and other
noncapital services normally provided within the corporate
boundaries, will be provided to the annexed territory within one (1)
year after the effective date of annexation and that they will be
provided in a manner equivalent in standard and scope to those
noncapital services provided to areas within the corporate
boundaries regardless of similar topography, patterns of land use,
and population density.
(5) That services of a capital improvement nature, including street
construction, street lighting, sewer facilities, water facilities, and
stormwater drainage facilities, will be provided to the annexed
territory within three (3) years after the effective date of the
annexation in the same manner as those services are provided to
areas within the corporate boundaries, regardless of similar
topography, patterns of land use, and population density, and in a
manner consistent with federal, state, and local laws, procedures,
and planning criteria. However, in a county having a population of
more than two hundred thousand (200,000) but less than three
hundred thousand (300,000), the fiscal plan of a city must show
that these services will be provided to the annexed territory within
four (4) years after the effective date of the annexation and in the
same manner as those services are provided to areas within the
corporate boundaries regardless of similar topography, patterns of
land use, or population density.
(e) This subsection does not apply to a city located in a county having
a population of more than two hundred thousand (200,000) but less
than three hundred thousand (300,000). At the hearing under section
12 of this chapter, the court shall do the following:
(1) Consider evidence on the conditions listed in subdivision (2).
(2) Order a proposed annexation not to take place if the court finds
that all of the following conditions exist in the territory proposed
to be annexed:
(A) The following services are adequately furnished by a
provider other than the municipality seeking the annexation:
(i) Police and fire protection.
(ii) Street and road maintenance.
(B) The annexation will have a significant financial impact on
the residents or owners of land.
(C) The annexation is not in the best interests of the owners of
land in the territory proposed to be annexed as set forth in
subsection (f).
(D) One (1) of the following opposes the annexation:
(i) At least sixty-five percent (65%) of the owners of land in
the territory proposed to be annexed.
(ii) The owners of more than seventy-five percent (75%) in
assessed valuation of the land in the territory proposed to be
annexed.
Evidence of opposition may be expressed by any owner of land
in the territory proposed to be annexed.
(f) The municipality under subsection (e)(2)(C) bears the burden of
proving that the annexation is in the best interests of the owners of land
in the territory proposed to be annexed. In determining this issue, the
court may consider whether the municipality has extended sewer or
water services to the entire territory to be annexed:
(1) within the three (3) years preceding the date of the introduction
of the annexation ordinance; or
(2) under a contract in lieu of annexation entered into under
IC 36-4-3-21.
The court may not consider the provision of water services as a result
of an order by the Indiana utility regulatory commission to constitute
the provision of water services to the territory to be annexed.
(g) This subsection applies only to cities located in a county having
a population of more than two hundred thousand (200,000) but less
than three hundred thousand (300,000). However, this subsection does
not apply if on April 1, 1993, the entire boundary of the territory that
is proposed to be annexed was contiguous to territory that was within
the boundaries of one (1) or more municipalities. At the hearing under
section 12 of this chapter, the court shall do the following:
(1) Consider evidence on the conditions listed in subdivision (2).
(2) Order a proposed annexation not to take place if the court finds
that all of the following conditions exist in the territory proposed
to be annexed:
(A) The following services are adequately furnished by a
provider other than the municipality seeking the annexation:
(i) Police and fire protection.
(ii) Street and road maintenance.
(B) The annexation will have a significant financial impact on
the residents or owners of land.
(C) One (1) of the following opposes the annexation:
(i) A majority of the owners of land in the territory proposed
to be annexed.
(ii) The owners of more than seventy-five percent (75%) in
assessed valuation of the land in the territory proposed to be
annexed.
Evidence of opposition may be expressed by any owner of land
in the territory proposed to be annexed.
(h) The most recent:
(1) federal decennial census;
(2) federal special census;
(3) special tabulation; or
(4) corrected population count;
shall be used as evidence of resident population density for purposes
of subsection (b)(2)(A), but this evidence may be rebutted by other
evidence of population density.
SOURCE: IC 36-4-3-16; (03)CC124205.25. -->
SECTION 25.
IC 36-4-3-16
, AS AMENDED BY P.L.217-1999,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 16. (a) Within one (1) year after the expiration of:
(1) the one (1) year period for implementation of planned services
of a noncapital nature under section 13(d)(4) of this chapter; or
(2) the three (3) year period for the implementation of planned
services of a capital improvement nature under section 13(d)(5) of
this chapter; or
(3) the four (4) year period for the implementation of planned
services of a capital improvement nature under section 13(d)(5) of
this chapter by a city for annexed territory in a county having a
population of more than two hundred thousand (200,000) but less
than three hundred thousand (300,000);
any person who pays taxes on property located within the annexed
territory may file a complaint alleging injury resulting from the failure
of the municipality to implement the plan. The complaint must name
the municipality as defendant and shall be filed with the circuit or
superior court of the county in which the annexed territory is located.
(b) The court shall hear the case within sixty (60) days without a jury.
In order to be granted relief, the plaintiff must establish one (1) of the
following:
(1) That the municipality has without justification failed to
implement the plan required by section 13 of this chapter within
the specific time limit for implementation after annexation.
(2) That the municipality has not provided police protection, fire
protection, sanitary sewers, and water for human consumption
within the specific time limit for implementation, unless one (1) of
these services is being provided by a separate taxing district or by
a privately owned public utility.
(3) That the annexed territory is not receiving governmental and
proprietary services substantially equivalent in standard and scope
to the services provided by the municipality to other areas of the
municipality, regardless of topography, patterns of land use, and
population density similar to the annexed territory.
(c) The court may:
(1) grant an injunction prohibiting the collection of taxes levied by
the municipality on the plaintiff's property located in the annexed
territory;
(2) award damages to the plaintiff not to exceed one and one-fourth
(1 1/4) times the taxes collected by the municipality for the
plaintiff's property located in the annexed territory;
(3) order the annexed territory or any part of it to be disannexed
from the municipality;
(4) order the municipality to submit a revised fiscal plan for
providing the services to the annexed territory within time limits
set up by the court; or
(5) grant any other appropriate relief.
(d) A change of venue from the county is not permitted for an action
brought under this section.
(e) If the court finds for the plaintiff, the defendant shall pay all court
costs and reasonable attorney's fees as approved by the court.
(f) The provisions of this chapter that apply to territory disannexed
by other procedures apply to territory disannexed under this section.
SOURCE: IC 36-4-6-19; (03)CC124205.26. -->
SECTION 26.
IC 36-4-6-19
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 19. (a) The legislative
body may, by ordinance, make loans of money and issue bonds for the
purpose of refunding those loans. The loans may be made only for the
purpose of procuring money to be used in the exercise of the powers of
the city or for the payment of city debts.
(b) An ordinance adopted under this section:
(1) must include the terms of the bonds to be issued in evidence of
the loan;
(2) must include the time and manner of giving notice of the sale
of the bonds;
(3) must include the manner in which the bonds will be sold; and
(4) may authorize a total amount for any issue of bonds.
(c) Bonds issued under this section may be sold in parcels of any size
and at any time their proceeds are needed by the city.
(d) Bonds issued and sold by a city under this section:
(1) are negotiable with or without registration, as may be provided
by the ordinance authorizing the issue;
(2) may bear interest at any rate;
(3) may run not longer than thirty (30) years;
(4) may contain an option allowing the city to redeem them in
whole or in part at specified times prior to maturity; and
(5) may be sold for not less than par value.
(e) The city fiscal officer shall:
(1) manage and supervise the preparation, advertisement,
negotiations, and sale of bonds under this section, subject to the
terms of the ordinance authorizing the sale;
(2) certify the amount the purchaser is to pay, together with the
name and address of the purchaser;
(3) receive the amount of payment certified;
(4) deliver the bonds to the purchaser;
(5) take a receipt for the securities delivered;
(6) pay the purchaser's payment into the city treasury; and
(7) report the proceedings in the sale to the legislative body.
The actions of the fiscal officer under this subsection are ministerial.
(f) This subsection applies only to second class cities subject to
IC 36-4-10-6. Notwithstanding subsection (e), the fiscal officer of a city
selling bonds under this section shall deliver them to the county
treasurer after they have been properly executed and shall take his
receipt for them. When a contract for the sale of all or any part of the
bonds is consummated, the fiscal officer shall certify to the county
treasurer the amount the purchaser is to pay, together with the name
and address of the purchaser. The county treasurer shall then receive
from the purchaser the amount certified by the fiscal officer, deliver the
bonds to the purchaser, and take the purchaser's receipt for the bonds.
The fiscal officer and county treasurer shall then report the proceedings
in the sale to the legislative body. However, if the county treasurer is
not present to receive the properly executed bonds from the fiscal
officer or to issue the bonds, the fiscal officer shall proceed under
subsection (e).
SOURCE: IC 36-6-4-14; (03)CC124205.27. -->
SECTION 27.
IC 36-6-4-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 14. When his term of
office expires, the executive shall:
(1) immediately deliver to the new executive custody of all funds
and property of the township, except records necessary in the
preparation of his annual report;
(2) deliver to the new executive, not later than the second Monday
in the next January, his annual report and any records he has
retained; and
(3) attend the annual meeting of the township legislative body on
the second Tuesday after the first Monday in the next January, held
under
IC 36-6-6-9
and submit to inquiries from the legislative
body concerning the operation of the executive's office during the
preceding calendar year.
SOURCE: IC 36-6-7-3; (03)CC124205.28. -->
SECTION 28.
IC 36-6-7-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 3. The legislative body shall make
annual appropriations for assistants in township offices. Payments shall
be made to assistants monthly on vouchers verified by the claimant and
approved by the officer in whose office he is employed.
SOURCE: IC 36-6-8-11; (03)CC124205.29. -->
SECTION 29.
IC 36-6-8-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 11. (a) Deputies and
other employees of a township assessor must file their claims for
compensation, which must be verified by the township assessor. Claims
for employment that is not on an annual basis must show the actual
number of days employed. Deputies and other employees of a township
assessor shall be paid monthly out of the county treasury, on the
warrant of the county auditor.
(b) Employees of the township assessor are entitled to no
compensation other than that provided by this chapter.
SOURCE: IC 36-7-4-208; (03)CC124205.30. -->
SECTION 30.
IC 36-7-4-208
, AS AMENDED BY P.L.276-2001,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 208. (a) ADVISORY. The county plan
commission consists of nine (9) members, as follows:
(1) One (1) member appointed by the county executive from its
membership.
(2) One (1) member appointed by the county fiscal body from its
membership.
(3) The county surveyor or the county surveyor's designee.
(4) The county agricultural extension educator.
However, if the
county does not have a county agricultural extension educator,
the county extension board shall select a resident of the county
who is a property owner with agricultural interest to serve on
the commission under this subdivision for a period not to
exceed one (1) year.
(5) Five (5) members appointed in accordance with one (1) of the
following:
(A) Four (4) citizen members, of whom no more than two (2)
may be of the same political party and all four (4) of whom must
be residents of unincorporated areas of the county, appointed by
the county executive. Also one (1) township trustee, who must
be a resident of an unincorporated area of the county, appointed
by the county executive upon the recommendation of the
township trustees whose townships are within the jurisdiction of
the county plan commission.
(B) Five (5) citizen members, of whom not more than three (3)
may be of the same political party, and all five (5) of whom must
be residents of unincorporated areas of the county appointed by
the county executive.
If a county executive changes the plan commission from having
members described in clause (B) to having members described in
clause (A), the county executive shall appoint a township trustee
to replace the first citizen member whose term expires and who
belongs to the same political party as the township trustee. Each
member appointed to the commission is entitled to receive
compensation for mileage at the same rate and the same
compensation for services as a member of a county executive, a
member of a county fiscal body, a county surveyor, or an appointee
of a county surveyor receives for serving on the commission, as set
forth in section 222.5 of this chapter.
(b) ADVISORY. The metropolitan plan commission consists of nine
(9) members, as follows:
(1) One (1) member appointed by the county legislative body from
its membership.
(2) One (1) member appointed by the second class city legislative
body from its membership.
(3) Three (3) citizen members who are residents of unincorporated
areas of the county, of whom no more than two (2) may be of the
same political party, appointed by the county legislative body. One
(1) of these members must be actively engaged in farming.
(4) Four (4) citizen members, of whom no more than two (2) may
be of the same political party, appointed by the second class city
executive. One (1) of these members must be from the
metropolitan school authority or community school corporation
and a resident of that school district, and the other three (3)
members must be residents of the second class city.
(c) AREA. When there are six (6) county representatives, they are as
follows:
(1) One (1) member appointed by the county executive from its
membership.
(2) One (1) member appointed by the county fiscal body from its
membership.
(3) The county superintendent of schools, or if that office does not
exist, a representative appointed by the school corporation
superintendents within the jurisdiction of the area plan
commission.
(4) One (1) of the following appointed by the county executive:
(A) The county agricultural extension educator.
(B) The county surveyor or the county surveyor's designee.
(5) One (1) citizen member who is a resident of the unincorporated
area of the county, appointed by the county executive.
(6) One (1) citizen member who is a resident of the unincorporated
area of the county, appointed by the county fiscal body.
(d) AREA. When there are five (5) county representatives, they are
the representatives listed or appointed under subsection (c)(3), (c)(4),
(c)(5), and (c)(6) and:
(1) the county surveyor or the county surveyor's designee if the
county executive appoints the county agricultural extension
educator under subsection (c)(4); or
(2) the county agricultural extension educator if the county
executive appoints the county surveyor under subsection (c)(4).
(e) AREA. The appointing authority may appoint an alternate
member to participate on a commission established under section 204
of this chapter in a hearing or decision if the regular member it has
appointed is unavailable. An alternate member shall have all of the
powers and duties of a regular member while participating on the
commission.
SOURCE: IC 36-8-3-3; (03)CC124205.31. -->
SECTION 31.
IC 36-8-3-3
, AS AMENDED BY P.L.125-2001,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) A majority of the members of the safety
board constitutes a quorum. The board shall adopt rules concerning the
time of holding regular and special meetings and of giving notice of
them. The board shall elect one (1) of its members chairman, who
holds the position as long as prescribed by the rules of the board. The
board shall record all of its proceedings.
(b) The members of the safety board may act only as a board. No
member may bind the board or the city except by resolution entered in
the records of the board authorizing him to act in its behalf as its
authorized agent.
(c) The safety board shall appoint:
(1) the members and other employees of the police department
other than those in an upper level policymaking position;
(2) the members and other employees of the fire department other
than those in an upper level policymaking position;
(3) a market master; and
(4) other officials that are necessary for public safety purposes.
(d) The annual compensation of all members of the police and fire
departments and other appointees shall be fixed by ordinance of the
legislative body before:
(1)
August September 20 for a second class city; and
(2) September 20 for a third class city;
of each year for the ensuing budget year. The ordinance may grade the
members of the departments and regulate their pay by rank as well as
by length of service. If the legislative body fails to adopt an ordinance
fixing the compensation of members of the police or fire department,
the safety board may fix their compensation, subject to change by
ordinance.
(e) The safety board, subject to ordinance, may also fix the number
of members of the police and fire departments and the number of
appointees for other purposes and may, subject to law, adopt rules for
the appointment of members of the departments and for their
government.
(f) The safety board shall divide the city into police precincts and fire
districts.
(g) The police chief has exclusive control of the police department,
and the fire chief has exclusive control of the fire department, subject
to the rules and orders of the safety board. In time of emergency, the
police chief and the fire chief are, for the time being, subordinate to the
city executive and shall obey his orders and directions, notwithstanding
any law or rule to the contrary.
SOURCE: IC 36-8-6-2; (03)CC124205.32. -->
SECTION 32.
IC 36-8-6-2
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 2. (a) A police pension fund to be
known as the 1925 fund is established in each municipality described
in section 1(a) of this chapter.
(b) The 1925 fund shall be managed by a board of trustees (referred
to as the "local board" in this chapter) having at least seven (7) but not
more than nine (9) trustees, as follows:
(1) The municipal executive, the municipal fiscal officer,
(except
in a city subject to IC 36-4-10-6, in which case the county
treasurer), and the police chief, who are ex officio voting members
of the local board.
(2) One (1) retired member of the police department.
(3) At least three (3) but not more than five (5) active members of
the police department.
However, in cities where there are not sufficient members of the police
department to appoint a local board consisting of at least five (5)
trustees, the local board may be composed of three (3) trustees, those
being the executive, the fiscal officer, and the police chief.
(c) The trustees under subsections (b)(2) and (b)(3) shall be elected
at a meeting of the members of the police department at the central
police station on the second Monday in February of each year. The
trustees are elected for terms of three (3) years, succeeding those
trustees whose terms of office expire on that date. The trustees hold
their offices until their successors are elected and qualified.
(d) If a vacancy occurs on the local board among those trustees
elected by the police department, the police department shall, within a
reasonable time, hold a special meeting upon the call of the municipal
executive and elect a successor for the remainder of the trustee's term.
(e) A majority of all the trustees constitutes a quorum for the
transaction of business.
(f) The trustees receive no pay for their services and shall be paid
only their necessary expenses. However, the trustees, the secretary, and
each member of the police department selected by the local board shall
be paid their necessary traveling expenses from the 1925 fund when
acting upon matters pertaining to the fund.
(g) The local board may make all necessary bylaws for:
(1) meetings of the trustees;
(2) the manner of their election, including the counting and
canvassing of the votes;
(3) the collection of all money and other property due or belonging
to the 1925 fund;
(4) all matters connected with the care, preservation, and
disbursement of the fund; and
(5) all other matters connected with the proper execution of this
chapter.
SOURCE: IC 36-8-6-3; (03)CC124205.33. -->
SECTION 33.
IC 36-8-6-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 3. (a) The municipal executive is
president of the local board, the municipal fiscal officer
(or county
treasurer) is its treasurer, and the local board shall select one (1) of its
members secretary. The secretary shall be paid out of the 1925 fund a
sum for
his the secretary's services as fixed by the local board.
(b) The president shall preside over all meetings of the local board,
call special meetings of the police department of the city, and preside
over the annual and called meetings of the department concerning the
1925 fund.
(c) The treasurer:
(1) has custody of all money and securities due or belonging to the
1925 fund and shall collect the principal and interest on them;
(2) is liable on
his the treasurer's bond as an officer for the
municipality for the faithful accounting of all money and securities
belonging to the fund that come into
his the treasurer's hands;
(3) shall keep a separate account showing at all times the true
condition of the fund; and
(4) shall, upon the expiration of
his the treasurer's term of office,
account to the local board for all money and securities coming into
his the treasurer's hands, including the proceeds of them, and turn
over to
his the treasurer's successor all money and securities
belonging to the fund remaining in
his the treasurer's hands.
(d) The secretary shall:
(1) keep a true account of the proceedings of the local board and
of the police department of the municipality when acting upon
matters relating to the 1925 fund;
(2) keep a correct statement of the accounts of each member with
the fund;
(3) collect and turn over to the treasurer of the local board all
money belonging to the fund;
(4) give the local board a monthly account of
his the secretary's
acts and services as secretary; and
(5) turn over to
his the secretary's successor all books and papers
pertaining to the office.
(e) The secretary shall, in the manner prescribed by
IC 5-4-1
, execute
a bond conditioned upon the faithful discharge of
his the secretary's
duties.
(f) The secretary and treasurer shall make complete and accurate
reports of their trusts to the local board on the first Monday in February
of each year, copies of which shall be filed with the municipal clerk.
The books of the secretary and treasurer must be open at all times to
examination by members of the local board.
(g) Each member of the police department shall turn over to the
secretary of the local board, within thirty (30) days after receiving it, all
money and securities belonging to the 1925 fund that come into his the
secretary's hands.
SOURCE: IC 36-8-7-10; (03)CC124205.34. -->
SECTION 34.
IC 36-8-7-10
, AS AMENDED BY P.L.35-1999,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 10. (a) The local board shall determine how much
of the 1937 fund may be safely invested and how much should be
retained for the needs of the fund. Investments are restricted to the
following:
(1) Interest bearing direct obligations of the United States or of the
state or bonds lawfully issued by an Indiana political subdivision.
The securities shall be deposited with and must remain in the
custody of the treasurer of the local board, who shall collect the
interest on them as it becomes due and payable.
(2) Savings deposits or certificates of deposit of a chartered
national, state, or mutual bank whose deposits are insured by a
federal agency. However, deposits may not be made in excess of
the amount of insurance protection afforded a member or investor
of the bank.
(3) Shares of a federal savings association organized under 12
U.S.C. 1461, as amended, and having its principal office in
Indiana, or of a savings association organized and operating under
Indiana statutes whose accounts are insured by a federal agency.
However, shares may not be purchased in excess of the amount of
insurance protection afforded a member or investor of the
association.
(4) An investment made under
IC 5-13-9.
(b) All securities must be kept on deposit with the unit's fiscal officer,
or county treasurer acting under IC 36-4-10-6, who shall collect all
interest due and credit it to the 1937 fund.
(c) The fiscal officer
(or county treasurer) shall keep a separate
account of the 1937 fund and shall fully and accurately set forth a
statement of all money received and paid out by him. The officer shall,
on the first Monday of January and June of each year, make a report to
the local board of all money received and distributed by him. The
president of the local board shall execute the officer's bond in the sum
that the local board considers adequate, conditioned that
he the fiscal
officer will faithfully discharge the duties of
his the fiscal officer's
office and faithfully account for and pay over to the persons authorized
to receive it all money that comes into
his the fiscal officer's hands by
virtue of
his the fiscal officer's office. The bond and sureties must be
approved by the local board and filed with the executive of the unit.
The local board shall make a full and accurate report of the condition
of the 1937 fund to the unit's fiscal officer on the first Monday of
February in each year.
(d) All securities that were owned by and held in the name of the
local board on January 1, 1938, shall be held and kept for the local
board by the unit's fiscal officer (or county treasurer) until they mature
and are retired. However, if an issue of the securities is refunded, the
local board shall accept refunding securities in exchange for and in an
amount equal to the securities refunded. All money received by the
local board for the surrender of matured and retired securities shall be
paid into and constitutes a part of the 1937 fund of the unit, as provided
in section 8 of this chapter.
(e) Investments under this section are subject to section 2.5 of this
chapter.
SOURCE: IC 36-8-7-20; (03)CC124205.35. -->
SECTION 35.
IC 36-8-7-20
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 20. All money that is
collected and received by the local board or an officer of it by virtue of
subdivisions (1) through (4) of section 8 of this chapter shall be paid to
the unit's fiscal officer, (or county treasurer), who shall credit this
money to the 1937 fund. The 1937 fund is a public fund for purposes
of IC 5-13.
SOURCE: IC 36-8-7-23; (03)CC124205.36. -->
SECTION 36.
IC 36-8-7-23
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 23. The unit's fiscal
officer or county treasurer acting under IC 36-4-10-6, is the custodian
of all money belonging to the 1937 fund, and all money belonging to
the fund shall be promptly paid to the officer. The officer is liable on
his the officer's bond for the faithful performance of all duties imposed
upon him the officer by this chapter in relation to the fund and for the
faithful accounting of all money and securities that come into his the
officer's possession and belong to the fund. The officer shall keep a
separate account of the 1937 fund, which must always show the true
condition of the fund.
SOURCE: IC 36-8-12.2-8; (03)CC124205.37. -->
SECTION 37.
IC 36-8-12.2-8
, AS ADDED BY P.L.33-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 8. (a) Money collected under this chapter must be
deposited in one (1) of the following:
(1) The general fund of the unit that established the fire
department under
IC 36-8-2-3
or
IC 36-8-13-3
(a)(1). and
(2) A hazardous materials response fund established under
section 8.1 of this chapter by a city or town having a fire
department established under
IC 36-8-2-3.
(b) Money collected under this chapter may be used only for the
following:
(1) Purchase of supplies and equipment used in providing
hazardous materials emergency assistance under this chapter.
(2) Training for members of the fire department in skills necessary
for providing hazardous materials emergency assistance under this
chapter.
(3) Payment to persons with which the fire department contracts to
provide services related to the hazardous materials emergency
assistance provided by the fire department under this chapter.
SOURCE: IC 36-8-12.2-8.1; (03)CC124205.38. -->
SECTION 38.
IC 36-8-12.2-8.1
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]:
Sec. 8.1. (a) The fiscal body of each
city or town that establishes a fire department under
IC 36-8-2-3
may, by ordinance or resolution, establish a hazardous materials
response fund.
(b) The hazardous materials response fund shall be administered
by the unit's fiscal officer, and the expenses of administering the
fund shall be paid from money in the fund. Money in the fund not
currently needed to meet the obligations of the fund may be
invested in the same manner as other public funds may be invested.
Interest that accrues from these investments shall be deposited in
the fund. Money in the fund at the end of a particular fiscal year
does not revert to the unit's general fund.
SOURCE: IC 36-9-13-30; (03)CC124205.39. -->
SECTION 39.
IC 36-9-13-30
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 30. (a) For the
purpose of obtaining money to pay the cost of:
(1) acquiring or constructing government buildings;
(2) acquiring land;
(3) acquiring systems;
(4) improving, reconstructing, or renovating government buildings,
systems, or land;
(5) repaying any advances for preliminary expenses made to the
building authority by an eligible entity;
(6) purchasing plans, designs, programs, and devices for
governmental buildings or systems; or
(7) refinancing any loan made under section 31 of this chapter;
the board of directors of a building authority may issue revenue bonds
of the authority.
(b) The bonds are payable solely from the income and revenues of
the particular government buildings, systems, or land for which the
bonds were issued.
(c) The bonds must be authorized by resolution of the board. The
bonds:
(1) bear interest payable semiannually; and
(2) mature serially, either annually or semiannually, at times
determined by the resolution authorizing the bonds.
However, the maturities of the bonds may not extend over a period
longer than the period of the lease of the government buildings,
systems, or land for which the bonds are issued.
(d) The bonds may, and all bonds maturing after five (5) years from
date of issuance shall, be made redeemable before maturity at the
option of the board of directors of the building authority. Such a
redemption must be at the par value of the bonds, together with the
premiums, and under the terms and conditions fixed by the resolution
authorizing the issuance of the bonds.
(e) The principal and interest of the bonds may be made payable in
any lawful medium.
(f) The resolution authorizing the issuance of the bonds must:
(1) determine the form of the bonds, including the interest coupons
(if any) to be attached to them;
(2) fix the denomination or denominations of the bonds; and
(3) fix the place or places of payment of the principal and interest
of the bonds, which must be at a state or national bank or trust
company within Indiana and may also be at one (1) or more state
or national banks or trust companies outside Indiana.
(g) The bonds are negotiable instruments under IC 26-1.
(h) The resolution authorizing the issuance of the bonds may provide
for the registration of any of the bonds in the name of the owner as to
principal alone.
(i) The bonds shall be executed by the president of the board of
directors, the corporate seal of the authority shall be affixed to the
bonds and attested by the secretary of the board, and the interest
coupons (if any) attached to the bonds shall be executed by placing the
facsimile signature of the treasurer of the board on them.
(j) The bonds may be sold at a private sale, a negotiated sale, or
a public sale.
(j) Notice (k) If the bonds are sold at a public sale, notice of the
sale of the bonds shall be published in accordance with
IC 5-3-1.
(k) (l) The board of directors shall sell the bonds at public sale, for
not less than their par value. The board shall award the bonds to the
highest bidder, as determined by computing the total interest on the
bonds from the date of sale to the dates of maturity and deducting from
that amount the premium bid, if any. Any premium received from the
sale of the bonds shall be used solely for the payment of principal and
interest on the bonds. If the bonds are not sold on the date fixed for the
sale, then the sale may be continued from day to day until a satisfactory
bid has been received.
(l) (m) The board of directors may issue temporary bonds, with or
without coupons. These bonds, which must be issued in the manner
prescribed by this section, may be exchanged for the bonds that are
subsequently issued.
SOURCE: IC 36-10-4-16; (03)CC124205.40. -->
SECTION 40.
IC 36-10-4-16
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 16. (a) A tax on the
taxable property in the district, as it appears on the tax duplicate, shall
be levied annually by the city legislative body for park purposes.
(b) The tax shall be collected the same as other city taxes are
collected, and the city fiscal officer
(or county treasurer acting under
IC 36-4-10-6) shall, between the first and fifth days of each month,
notify the board of the amount of taxes collected for park purposes
during the preceding month. At the date of notification, the city fiscal
officer
(or county treasurer) shall credit the park fund with the amount.
(c) The board may expend on behalf of the city all sums of money
collected from:
(1) taxes;
(2) the sale of privileges in the parks of the city;
(3) the sale of bonds of the city for park purposes; and
(4) any other source.
All gifts, donations, or payments that are given or paid to the city for
park purposes belong to the general park fund, the special nonreverting
operating fund, or the special nonreverting capital fund to be used by
the board as provided by this chapter. Warrants for expenditures shall
be drawn by the city fiscal officer upon a voucher of the board signed
by the president or vice president and secretary.
(d) The city legislative body may borrow money for the use of the
department and may issue the bonds of the city to pay back the
borrowed money in the manner provided by statute for the issue of
bonds for the general purposes of the city. However, the board may not
contract debts beyond the amount of its annual income and the amount
available from the sale of bonds or other sources.
(e) All money remaining in the treasury to the credit of the board at
the end of the calendar year belongs to the general park fund, the
special nonreverting operating fund, or the special nonreverting capital
fund for use by the board for park purposes.
(f) Park and recreation facilities and programs shall be made
available to the public free of charge as far as possible. However, if it
is necessary in order to provide a particular activity, the board may
charge a reasonable fee.
(g) The city legislative body may establish by ordinance upon request
of the board:
(1) a special nonreverting operating fund for park purposes from
which expenditures may be made as provided by ordinance, either
by appropriation by the board or by the city legislative body; or
(2) a special nonreverting capital fund for the purpose of acquiring
land or making specific capital improvements from which
expenditures may be made by appropriation by the city legislative
body.
The city legislative body shall designate the fund or funds into which
the city fiscal officer (or county treasurer) shall deposit fees from golf
courses, swimming pools, skating rinks, or other major facilities
requiring major expenditures for management and maintenance. Money
received from fees other than from major facilities or received from the
sale of surplus property shall be deposited by the city fiscal officer (or
county treasurer) either in the special nonreverting operating fund or
in the nonreverting capital fund, as directed by the board. However, if
neither fund has been established, money received from fees or from
the sale of surplus property shall be deposited in the general park fund.
Money from either special fund may be disbursed only on approved
claims allowed and signed by the president and secretary of the board.
(h) Money placed in the special nonreverting capital fund may not be
withdrawn except for the purposes for which the fund was created,
unless the fiscal body repeals the ordinance establishing the fund. The
fiscal body may not repeal the ordinance under suspension of the rules.
(i) Money procured from fees or received from the sale of surplus
property shall be deposited at least once each month with the city fiscal
officer.
SOURCE: IC 36-4-10-6; (03)CC124205.41. -->
SECTION 41.
IC 36-4-10-6
IS REPEALED [EFFECTIVE JULY 1,
2003].
SOURCE: ; (03)CC124205.42. -->
SECTION 42. [EFFECTIVE JULY 1, 2003] (a) The state board of
accounts shall review the format and content of the annual
operational report required under
IC 8-17-4.1-5
, as amended by
this act, and shall prescribe a streamlined report that addresses:
(1) easing the preparation of;
(2) the informational requirements of the users of; and
(3) the promotion of accuracy within;
the revised report.
(b) This SECTION expires January 1, 2004.
SOURCE: ; (03)CC124205.43. -->
SECTION 43.
An emergency is declared for this act.
(Reference is to EHB 1242 as reprinted March 28, 2003.)
Conference Committee Report
on
Engrossed House
Bill 1242
Text Box
S
igned by:
____________________________ ____________________________
Representative Stevenson Senator Skillman
Chairperson
____________________________ ____________________________
Representative Ayres Senator Dembowski
House Conferees Senate Conferees