Bill Text: IN HB1254 | 2012 | Regular Session | Introduced
Bill Title: Township reorganization.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-12 - Representative Torr added as coauthor [HB1254 Detail]
Download: Indiana-2012-HB1254-Introduced.html
Citations Affected: IC 3-5; IC 3-10; IC 3-11; IC 6-1.1; IC 6-3.5-6;
IC 12-7-2; IC 12-20; IC 12-30-4; IC 13-11-2-86; IC 13-25-6; IC 15-16;
IC 16-31-5-1; IC 16-41-19-7; IC 20-23-3-1.5; IC 22-11-14;
IC 22-12-1-18.7; IC 23-14; IC 32-26; IC 33-34; IC 34-30-2-58;
IC 36-1; IC 36-2; IC 36-3; IC 36-4-4-2; IC 36-6; IC 36-8; IC 36-10;
IC 36-12-1-7.5; IC 36-12-2-13.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Government and Regulatory
Reform.
Digest Continued
Digest Continued
provided in the county fire plan, and the powers and duties of township
government and the township trustee related to providing fire
protection and emergency services in the unincorporated areas of the
county are transferred to the county. Specifies the required elements of
a county fire plan. (3) On January 1, 2015, all assets, debts, and
contracts of a township connected with firefighting operations are
transferred to the county. Requires the county to assume all township
indebtedness related to fire protection and emergency services.
Provides that the county may levy property taxes to pay township
indebtedness or lease rental obligations incurred by a township only in
the geographic area of the township that originally issued the debt or
entered into the lease rental agreement. (4) If a township is a
participating unit in a fire protection territory as of January 1, 2015, the
county shall on January 1, 2015, assume the powers, duties, rights,
responsibilities, and obligations of the township for purposes of the fire
protection territory law. (5) Establishes a county firefighting fund and
levy and establishes county firefighting powers and duties that are
similar to the current township firefighting powers and duties. (6)
Specifies the maximum property tax levy for a county's firefighting
fund. Specifies that after township government functions are
transferred, the territory of the township comprises a taxing district for
the payment of township indebtedness existing at the time of the
transfer. Provides that a transfer of duties between the townships and
the county results in the transfer of property, equipment, personnel,
records, rights, contracts, and indebtedness. Requires the department
of local government finance to adjust maximum permissible property
tax levies and property tax rates as necessary to account for transfers
of duties, powers, and obligations. Specifies that a township in a county
other than Marion County may not enter into a contract related to
township assistance or fire protection or emergency services with a
term that extends beyond December 31, 2014, unless the contract has
been approved by the county legislative body. Provides that in the case
of a county to which firefighting duties and responsibilities are
transferred from townships to the county after December 31, 2014, the
county may establish a merit system for the county fire department.
Provides that if a school township exists in a county in which a public
question to eliminate township government is approved, the school
township shall reorganize under the school reorganization statutes
before July 1, 2015. Provides that in a county other than Marion
County, the county may not contain more than one public safety
answering point (PSAP) after December 31, 2014. Specifies that in a
county other than Marion County, PSAP operators must adopt an
interlocal agreement: (1) specifying the funding and staffing of the
PSAP that after December 31, 2014, will serve the county; (2)
providing that to the extent property taxes are used to fund the PSAP,
those property taxes shall (beginning with property taxes first due and
payable after December 31, 2014) be imposed at a uniform rate
throughout the county; and (3) specifying the protocols to be followed
by the PSAP. Makes technical corrections.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) county council, for a county not having a consolidated city;
(2) city-county council, for a consolidated city or county having a consolidated city;
(3) common council, for a second or third class city;
(4) town council, for a town;
(5)
(A) the township board, before January 1, 2015; and
(B) the county fiscal body, after December 31, 2014; or
(6) governing body or budget approval body, for any other political subdivision.
Chapter 9. Government Employees Holding Office
Sec. 1. This chapter applies to a government employee who, after June 30, 2013, assumes an elected office of the political subdivision that employs the individual.
Sec. 2. As used in this chapter, "elected office" refers only to the offices of the following:
(1) The elected executive of a political subdivision.
(2) An elected member of the legislative body of a political subdivision.
(3) An elected member of the fiscal body of a political subdivision.
Sec. 3. As used in this chapter, "government employee" refers to an employee of a political subdivision. The term does not include an individual who holds only an elected office.
Sec. 4. An individual is considered to have resigned as a government employee when the individual assumes an elected office of the political subdivision that employs the individual.
Sec. 5. This chapter does not prohibit a government employee from holding an elected office of a political subdivision other than the political subdivision that employs the government employee.
For paper ballots, print: To vote for a person, make a voting mark (X or .) on or in the box before the person's name in the proper column. For optical scan ballots, print: To vote for a person, darken or shade in the circle, oval, or square (or draw a line to connect the arrow) that precedes the person's name in the proper column. For optical scan ballots that do not contain a candidate's name, print: To vote for a person, darken or shade in the oval that precedes the number assigned to the person's name in the proper column. For electronic voting systems, print: To vote for a person, touch the screen (or press the button) in the location indicated.
Vote for one (1) only
Representative in Congress
[] (1) AB __________
[] (2) CD __________
[] (3) EF __________
[] (4) GH __________
(b) Local public questions shall be placed on the primary election ballot after the voting instructions described in subsection (a) and before the offices described in subsection (e).
(c) The local public questions described in subsection (b) shall be placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the voting instructions described in subsection (a) and before the offices described in subsection (e), in the form specified in IC 3-11-13-11 if voting is by ballot card; or
(3) as provided by either of the following if voting is by an electronic voting system:
(A) On a separate screen for a public question.
(B) After the voting instructions described in subsection (a) and before the offices described in subsection (e), in the form specified in IC 3-11-14-3.5.
(d) A public question shall be placed on the primary election ballot in the following form:
[] YES
[] NO
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee. This clause does not apply to elections in 2014 and thereafter in a county to which IC 36-6-6.4 or IC 36-6-6.6 applies.
(C) Township board member. This clause does not apply to elections in 2014 and thereafter.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(1) Precinct committeeman.
(2) State convention delegate.
(c): (f).
(1) School board offices to be elected at the primary election.
(2) Other (1) local offices to be elected at the primary election.
(3) (2) Local public questions.
(e) (h) The offices and public questions described in subsection (d)
(g) shall be placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the offices described in subsection (c) (f) in the form
specified in IC 3-11-13-11 if voting is by ballot card; or
(3) either:
(A) on a separate screen for each office or public question; or
(B) after the offices described in subsection (c) (f) in the form
specified in IC 3-11-14-3.5;
if voting is by an electronic voting system.
(f) A public question shall be placed on the primary election ballot
in the following form:
(1) Clerk of the circuit court.
(2) County auditor.
(3) County recorder.
(4) County treasurer.
(5) County sheriff.
(6) County coroner.
(7) County surveyor.
(8) County assessor.
(9) County commissioner.
(10) County council member.
(11) Township trustee. This subdivision does not apply to elections in 2014 and thereafter in a county to which IC 36-6-6.4 or IC 36-6-6.6 applies.
(12) Township board member. This subdivision does not apply to elections in 2014 and thereafter.
(13) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(14) Judge of a small claims court.
(15) Constable of a small claims court.
(b) This subsection applies only to a county having a
consolidated city. Notwithstanding subsection (a), an individual
elected to the office of township board member at the general
election in 2012 shall serve a two (2) year term. This subsection
expires January 1, 2014.
(b) The legislative body of a township may not change the boundary of a legislative body district established under IC 36-6-6-2.5 after November 8 of the year preceding the year in which an election is held to elect township board members and before the day following the date on which an election is held to elect township board members.
(c) This section expires January 1, 2015.
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than
one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as
required by IC 33-30-3-3.
(E) (D) Prosecuting attorney.
(F) (E) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(B) Township trustee. This clause does not apply to elections
in 2014 and thereafter in a county to which IC 36-6-6.4 or
IC 36-6-6.6 applies.
(C) Township board member. This clause does not apply to
elections in 2014 and thereafter.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
occupied, by the owner.
(b) The exemption application referred to in section 3 of this chapter
is not required if the exempt property is a cemetery:
(1) described by IC 6-1.1-2-7; or
(2) maintained by a township executive or (after December 31,
2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or
IC 36-6-6.6 applies) the county executive under IC 23-14-68.
(c) The exemption application referred to in section 3 of this chapter
is not required if the exempt property is owned by the bureau of motor
vehicles commission established under IC 9-15-1.
(d) The exemption application referred to in section 3 or 3.5 of this
chapter is not required if:
(1) the exempt property is:
(A) tangible property used for religious purposes described in
IC 6-1.1-10-21;
(B) tangible property owned by a church or religious society
used for educational purposes described in IC 6-1.1-10-16;
(C) other tangible property owned, occupied, and used by a
person for educational, literary, scientific, religious, or
charitable purposes described in IC 6-1.1-10-16; or
(D) other tangible property owned by a fraternity or sorority
(as defined in IC 6-1.1-10-24);
(2) the exemption application referred to in section 3 or 3.5 of this
chapter was filed properly at least once for a religious use under
IC 6-1.1-10-21, an educational, literary, scientific, religious, or
charitable use under IC 6-1.1-10-16, or use by a fraternity or
sorority under IC 6-1.1-10-24; and
(3) the property continues to meet the requirements for an
exemption under IC 6-1.1-10-16, IC 6-1.1-10-21, or
IC 6-1.1-10-24.
A change in ownership of property does not terminate an exemption of
the property if after the change in ownership the property continues to
meet the requirements for an exemption under IC 6-1.1-10-16,
IC 6-1.1-10-21, or IC 6-1.1-10-24. However, if title to any of the real
property subject to the exemption changes or any of the tangible
property subject to the exemption is used for a nonexempt purpose after
the date of the last properly filed exemption application, the person that
obtained the exemption or the current owner of the property shall notify
the county assessor for the county where the tangible property is
located of the change in the year that the change occurs. The notice
must be in the form prescribed by the department of local government
finance. If the county assessor discovers that title to property granted
an exemption described in IC 6-1.1-10-16, IC 6-1.1-10-21, or
IC 6-1.1-10-24 has changed, the county assessor shall notify the
persons entitled to a tax statement under IC 6-1.1-22-8.1 for the
property of the change in title and indicate that the county auditor will
suspend the exemption for the property until the persons provide the
county assessor with an affidavit, signed under penalties of perjury, that
identifies the new owners of the property and indicates that the
property continues to meet the requirements for an exemption under
IC 6-1.1-10-21, IC 6-1.1-10-16, or IC 6-1.1-10-24. Upon receipt of the
affidavit, the county assessor shall reinstate the exemption for the years
for which the exemption was suspended and each year thereafter that
the property continues to meet the requirements for an exemption under
IC 6-1.1-10-21, IC 6-1.1-10-16, or IC 6-1.1-10-24.
(1) the estimated budget;
(2) the estimated maximum permissible levy;
(3) the current and proposed tax levies of each fund; and
(4) the amounts of excessive levy appeals to be requested.
In the notice, the political subdivision shall also state the time and place at which a public hearing will be held on these items. The notice shall be published twice in accordance with IC 5-3-1 with the first publication at least ten (10) days before the date fixed for the public hearing. Beginning in 2009, the duties required by this subsection must be completed before September 10 of the calendar year.
(b) The board of directors of a solid waste management district established under IC 13-21 or IC 13-9.5-2 (before its repeal) may conduct the public hearing required under subsection (a):
(1) in any county of the solid waste management district; and
(2) in accordance with the annual notice of meetings published under IC 13-21-5-2.
(c) The trustee of each township in the county shall estimate the amount necessary to meet the cost of township assistance in the township for the ensuing calendar year. The township board shall adopt with the township budget a tax rate sufficient to meet the estimated cost of township assistance. The taxes collected as a result of the tax rate
adopted under this subsection are credited to the township assistance
fund.
(d) This subsection expires January 1, 2009. A county shall adopt
with the county budget and the department of local government finance
shall certify under section 16 of this chapter a tax rate sufficient to raise
the levy necessary to pay the following:
(1) The cost of child services (as defined in IC 12-19-7-1) of the
county payable from the family and children's fund.
(2) The cost of children's psychiatric residential treatment
services (as defined in IC 12-19-7.5-1) of the county payable from
the children's psychiatric residential treatment services fund.
A budget, tax rate, or tax levy adopted by a county fiscal body or
approved or modified by a county board of tax adjustment that is less
than the levy necessary to pay the costs described in subdivision (1) or
(2) shall not be treated as a final budget, tax rate, or tax levy under
section 11 of this chapter.
(d) This subsection applies only to a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies. This subsection applies to
budgets for calendar years after 2014 and to property taxes first
due and payable after 2014. Notwithstanding any other law, in
2014 and each year thereafter, the county executive shall estimate
the amount necessary to meet the cost of township assistance in the
county for the ensuing calendar year. The county fiscal body shall
adopt with the county budget for property taxes due in 2015 and
thereafter a tax rate uniform throughout the county sufficient to
meet the estimated cost of township assistance in the county. The
taxes collected as a result of the tax rate adopted under this
subsection shall be credited to the township assistance fund
established under IC 12-20-21-6.
(e) This subsection applies to each county in which the majority
of the voters in the county vote "no" on a public question under
IC 36-6-6.3 or IC 36-6-6.5. The county fiscal body shall in 2014 and
each year thereafter adopt the budget for each township in the
county for the ensuing calendar year.
(f) This subsection does not apply to a county having a
consolidated city. This subsection applies to budgets for calendar
years after 2014 and to property taxes first due and payable after
2014. Notwithstanding any other law, in 2014 and each year
thereafter, the county fiscal body shall adopt with the county
budget for 2015 and thereafter:
(1) the budget to carry out the county's firefighting and
emergency services powers and duties in unincorporated
areas of the county; and
(2) the property tax levy for the county firefighting fund
under IC 6-1.1-18.5-18.5 and IC 36-8-13.7.
(b) For purposes of determining the property tax levy limit imposed on a county under section 3 of this chapter, the county ad valorem property tax levy for a particular calendar year does not include the amount, if any, of ad valorem property taxes imposed under IC 36-8-13.7-5 that would be first due and payable to the county during the ensuing calendar year. The amount of ad valorem property taxes levied by the county under IC 36-8-13.7-5 shall, for purposes of the property tax levy limits imposed under section 3 of this chapter, be treated as if that levy were made by a separate civil taxing unit.
(b) Subject to subsection (d), the maximum permissible ad valorem property tax levy for the county's firefighting fund under IC 36-8-13.7-5 for property taxes first due and payable after the powers and duties for fire protection and emergency services in unincorporated areas of the county have been transferred from townships to the county is the amount determined in STEP TWO of the following STEPS:
STEP ONE: Determine:
(A) for ad valorem property taxes first due and payable in 2015:
(i) the combined maximum ad valorem property tax levy under this chapter of all the townships in the county for the townships' firefighting funds established under IC 36-8-13-4 for property taxes first due and payable in
2014; plus
(ii) the combined maximum ad valorem property tax
levy for property taxes first due and payable for all fire
protection territories and fire protection districts in the
county that are abolished in the first year in which the
county is responsible for providing fire protection and
emergency services; or
(B) for ad valorem property taxes first due and payable
after 2015, the maximum permissible ad valorem property
tax levy for the county's firefighting fund determined
under this section for ad valorem property taxes first due
and payable in the immediately preceding calendar year.
STEP TWO: Multiply the amount determined in STEP ONE
by the amount determined in the last STEP of section 2(b) of
this chapter.
(c) Notwithstanding any other law, the county fiscal body shall
impose the first property tax levy for the county's firefighting fund
under IC 36-8-13.7-5 beginning with property taxes first due and
payable in 2015.
(d) Notwithstanding any other law, the department of local
government finance may adjust the maximum permissible ad
valorem property tax levy of any political subdivision as necessary
and proper to account for the transfer of fire protection and
emergency services powers and duties from townships to counties
after December 31, 2014.
(b) For purposes of this section:
(1) "consolidating entity" means:
(A) a township;
(B) a fire protection territory; or
(C) an excluded city;
whose fire department is consolidated into the fire department of a consolidated city under IC 36-3-1-6.1 or IC 36-3-1-6.4; and
(2) "maximum levy" means the maximum permissible ad valorem property tax levy under section 3 of this chapter.
(c) The maximum levy of a consolidated city for property taxes first due and payable in 2015 shall be increased by an amount equal to the combined maximum permissible ad valorem property tax levies of each consolidating entity for property taxes first due and payable in 2014 for fire protection and related services.
(d) For not more than three (3) years after a consolidation under IC 36-3-1-6.1 or IC 36-3-1-6.4, the consolidated city may levy a tax above the maximum permissible ad valorem property tax levy for the fire special service district in each township or excluded city that is necessary to phase out that consolidating entity's borrowing for fire and emergency services.
(b) Notwithstanding section 18(e) of this chapter, the distributive shares that each civil taxing unit in a county containing a consolidated city is entitled to receive during a month equals the following:
(1) For the calendar year beginning January 1, 1995, calculate the total amount of revenues that are to be distributed as distributive shares during that month multiplied by the following factor:
Center Township .0251
Decatur Township .00217
Franklin Township .0023
Lawrence Township .01177
Perry Township .01130
Pike Township .01865
Warren Township .01359
Washington Township .01346
Wayne Township .01307
Lawrence-City .00858
Beech Grove .00845
Southport .00025
Speedway .00722
Indianapolis/Marion County .86409
(2) Notwithstanding subdivision (1), for the calendar year beginning January 1, 1995, the distributive shares for each civil taxing unit in a county containing a consolidated city shall be not less than the following:
Center Township $1,898,145
Decatur Township $164,103
Franklin Township $173,934
Lawrence Township $890,086
Perry Township $854,544
Pike Township $1,410,375
Warren Township $1,027,721
Washington Township $1,017,890
Wayne Township $988,397
Lawrence-City $648,848
Beech Grove $639,017
Southport $18,906
Speedway $546,000
(3) For each year after 1995, calculate the total amount of revenues that are to be distributed as distributive shares during that month as follows:
STEP ONE: Determine the total amount of revenues that were distributed as distributive shares during that month in calendar year 1995.
STEP TWO: Determine the total amount of revenue that the department has certified as distributive shares for that month under section 17 of this chapter for the calendar year.
STEP THREE: Subtract the STEP ONE result from the STEP TWO result.
STEP FOUR: If the STEP THREE result is less than or equal to zero (0), multiply the STEP TWO result by the ratio established under subdivision (1).
STEP FIVE: Determine the ratio of:
(A) the maximum permissible property tax levy under IC 6-1.1-18.5 for each civil taxing unit for the calendar year in which the month falls, plus, for a county, the welfare allocation amount; divided by
(B) the sum of the maximum permissible property tax levies under IC 6-1.1-18.5 for all civil taxing units of the county during the calendar year in which the month falls, and an amount equal to the welfare allocation amount.
STEP SIX: If the STEP THREE result is greater than zero (0), the STEP ONE amount shall be distributed by multiplying the STEP ONE amount by the ratio established under subdivision (1).
STEP SEVEN: For each taxing unit determine the STEP FIVE ratio multiplied by the STEP TWO amount.
STEP EIGHT: For each civil taxing unit determine the difference between the STEP SEVEN amount minus the product of the STEP ONE amount multiplied by the ratio established under subdivision (1). The STEP THREE excess shall be distributed as provided in STEP NINE only to the civil taxing units that have a STEP EIGHT difference greater than or equal to zero (0).
STEP NINE: For the civil taxing units qualifying for a distribution under STEP EIGHT, each civil taxing unit's share equals the STEP THREE excess multiplied by the ratio of:
(A) the maximum permissible property tax levy under IC 6-1.1-18.5 for the qualifying civil taxing unit during the calendar year in which the month falls, plus, for a county, an amount equal to the welfare allocation amount; divided by
(B) the sum of the maximum permissible property tax levies under IC 6-1.1-18.5 for all qualifying civil taxing units of the county during the calendar year in which the month falls, and an amount equal to the welfare allocation amount.
(c) The welfare allocation amount is an amount equal to the sum of the property taxes imposed by the county in 1999 for the county's welfare fund and welfare administration fund and the property taxes imposed by the county in 2008 for the county's county medical assistance to wards fund, family and children's fund, children's psychiatric residential treatment services fund, county hospital care for the indigent fund, children with special health care needs county fund, plus, in the case of Marion County, thirty-five million dollars ($35,000,000).
(b) Notwithstanding section 18(e) of this chapter, the distributive shares that each civil taxing unit in a county containing a consolidated city is entitled to receive during a month equals the following:
(1) The distribution ratio for 2015 and thereafter is the following:
Lawrence-City .00858
Beech Grove .00845
Southport .00025
Speedway .00722
Indianapolis/Marion County .97550
(2) For each year after 2014, calculate the total amount of revenues that are to be distributed as distributive shares during that month as follows:
STEP ONE: Determine the total amount of revenues that were distributed as distributive shares during that month in calendar year 1995.
STEP TWO: Determine the total amount of revenue that the department has certified as distributive shares for that month under section 17 of this chapter for the calendar year.
STEP THREE: Subtract the STEP ONE result from the STEP TWO result.
STEP FOUR: If the STEP THREE result is less than or equal to zero (0), multiply the STEP TWO result by the distribution ratio established under subdivision (1).
STEP FIVE: Determine the ratio of:
(A) the maximum permissible property tax levy under IC 6-1.1-18.5 for each civil taxing unit for the calendar year in which the month falls, plus, for a county, the welfare allocation amount; divided by
(B) the sum of the maximum permissible property tax levies under IC 6-1.1-18.5 for all civil taxing units of the county during the calendar year in which the month falls, and an amount equal to the welfare allocation amount.
STEP SIX: If the STEP THREE result is greater than zero (0), the STEP ONE result shall be distributed by multiplying the STEP ONE result by the distribution ratio established under subdivision (1).
STEP SEVEN: For each taxing unit determine the STEP FIVE ratio multiplied by the STEP TWO result.
STEP EIGHT: For each civil taxing unit determine the difference between the STEP SEVEN result minus the product of the STEP ONE result multiplied by the distribution ratio established under subdivision (1). The STEP THREE excess shall be distributed as provided in STEP NINE only to the civil taxing units that have a STEP EIGHT difference greater than or equal to zero (0).
STEP NINE: For the civil taxing units qualifying for a distribution under STEP EIGHT, each civil taxing unit's
share equals the STEP THREE excess multiplied by the
ratio of:
(A) the maximum permissible property tax levy under
IC 6-1.1-18.5 for the qualifying civil taxing unit during
the calendar year in which the month falls, plus, for a
county, an amount equal to the welfare allocation
amount; divided by
(B) the sum of the maximum permissible property tax
levies under IC 6-1.1-18.5 for all qualifying civil taxing
units of the county during the calendar year in which the
month falls, and an amount equal to the welfare
allocation amount.
(c) The welfare allocation amount is an amount equal to the sum
of the property taxes imposed by the county in 1999 for the
county's welfare fund and welfare administration fund and the
property taxes imposed by the county in 2008 for the county's
county medical assistance to wards fund, family and children's
fund, children's psychiatric residential treatment services fund,
county hospital care for the indigent fund, and children with
special health care needs county fund, plus, in the case of Marion
County, thirty-five million dollars ($35,000,000).
(1) For purposes of IC 12-10-15, "administrator" has the meaning set forth in IC 12-10-15-1.5.
(2) For purposes of IC 12-24-17, "administrator" has the meaning set forth in IC 12-24-17-1.
(3) For purposes of IC 12-20 and IC 12-30-4, "administrator" means the township trustee as the administrator of township assistance. This subdivision expires January 1, 2015.
(4) After December 31, 2014, for purposes of IC 12-20 and IC 12-30-4, "administrator" means:
(A) the township trustee as the administrator of township assistance, in the case of:
(i) a county having a consolidated city, if IC 36-6-6.6 does not apply to the county; or
(ii) a county to which IC 36-6-6.2 applies; or
(B) the county executive or the county executive's designee as the administrator of township assistance, in the case of:
(i) a county having a consolidated city, if IC 36-6-6.6 applies to the county; or
(ii) a county to which IC 36-6-6.4 applies.
(1) For purposes of IC 12-10-10 and IC 12-10-11, the community and home options to institutional care for the elderly and disabled board established by IC 12-10-11-1.
(2) For purposes of 12-12-7-5, the meaning set forth in IC 12-12-7-5(a).
(3) For purposes of IC 12-15-35, the meaning set forth in IC 12-15-35-2.
(4) For purposes of IC 12-20 and IC 12-30-4, the meaning set forth in IC 12-20-1.5-2.
(1) IC 12-15-44.2, has the meaning set forth in IC 12-15-44.2-1; and
(2) IC 12-20 and IC 12-30-4, means a township assistance plan prepared under IC 12-20-1.5 or IC 12-20-1.6.
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 7. (a) After December 31, 2014, this subsection
applies only to:
(1) a county having a consolidated city, if IC 36-6-6.6 does not
apply to the county; or
(2) a county to which IC 36-6-6.2 applies.
A township trustee, in performing the powers and duties under
IC 12-20 and IC 12-30-4, acts as the administrator of township
assistance for the township.
(b) This subsection applies after December 31, 2014. This
subsection applies only to:
(1) a county having a consolidated city, if IC 36-6-6.6 applies
to the county; or
(2) a county to which IC 36-6-6.4 applies.
The county executive or county executive's designee, in performing
the powers and duties under IC 12-20 and IC 12-30-4, acts as the
administrator of township assistance for the county.
Chapter 1.5. Township Assistance Plan Prepared by County Board of Trustees
Sec. 1. This chapter applies only to a county to which IC 36-6-6.2 applies.
Sec. 2. As used in this chapter, "board" means the county board of trustees established under IC 36-2-3.6.
Sec. 3. As used in this chapter, "plan" means a township assistance plan prepared by a board under this chapter.
Sec. 4. The board shall prepare a plan for the delivery of township assistance throughout the county. The board shall appoint the following to serve as advisers to the legislative body in the preparation of the plan:
(1) At least one (1) person employed by a faith based human services provider agency.
(2) At least one (1) person employed by a government funded human services provider agency.
(3) At least one (1) person employed by a nonprofit human services provider agency.
Sec. 5. (a) In preparing a plan, the board shall:
(1) consider whether areas are overserved or underserved in the delivery of township assistance; and
(2) create uniformity in the delivery to areas in the county of
township assistance services.
(b) In preparing the plan, the board shall consider the township
assistance budget.
(c) In preparing a plan, the board shall determine whether the
county may contract with a service provider to provide some or all
township assistance services to a township.
(d) In preparing a plan, the board shall recognize and
coordinate with other providers of relief for indigent persons.
(e) The plan must meet the requirements of this chapter.
Sec. 6. The board shall adopt a resolution approving the plan
and submit the resolution and the plan to the county legislative
body for approval.
Sec. 7. (a) The board shall submit a resolution and plan to the
county legislative body for approval under section 6 of this chapter
not later than July 1, 2013.
(b) If the board fails to prepare and submit a resolution and
plan to the county legislative body by July 1, 2013, the county
legislative body shall prepare the plan.
(c) After a county legislative body receives a plan submitted
under subsection (a) or prepares a plan under subsection (b), the
county legislative body shall review the plan during at least two (2)
public meetings at which the public and any interested parties are
entitled to the opportunity to comment on the plan.
(d) The county legislative body shall by ordinance adopted
before January 1, 2014:
(1) approve the plan as submitted by the board under
subsection (a) or as prepared by the county legislative body
under subsection (b); or
(2) modify the plan as submitted by the board under
subsection (a) or as prepared by the county legislative body
under subsection (b), and then approve the plan.
Sec. 8. A plan adopted under this chapter must include the
following:
(1) A plan specifying any necessary requirements in the
transition to the delivery of township assistance throughout
the county.
(2) The county's procedures for application and review of
township assistance requests.
(3) The forms of township assistance.
(4) A description of the supervisors, investigators, assistants,
or other necessary employees that will be employed in
discharging the administrators' duties concerning the
provision of township assistance, and a recommendation
concerning the compensation of these employees.
(5) A description of the offices that must be maintained in the
county to carry out the trustees' duties concerning the
provision of township assistance.
(6) A description of the proposed standards under
IC 12-20-1.7 for township assistance.
(7) In the case of any service, program, limitation, power, or
duty that may under this article or IC 12-30-4 be included in
the plan, a description of whether or not that service,
program, limitation, power, or duty is included in the plan.
(8) Any other provisions necessary to address the provision of
township assistance under this article.
Sec. 9. After a plan is approved by the county legislative body,
the plan and the transfer of township assistance responsibilities to
the county as provided in the plan take effect January 1, 2015.
Sec. 10. The board shall annually review a plan adopted under
this chapter and may propose amendments to the plan to the
county legislative body for adoption.
Chapter 1.6. Township Assistance Plan Prepared by County Legislative Body
Sec. 1. This chapter applies to the following:
(1) A county having a consolidated city, if IC 36-6-6.6 applies to the county.
(2) A county to which IC 36-6-6.4 applies.
Sec. 2. As used in this chapter, "plan" means a township assistance plan prepared by a county legislative body under this chapter.
Sec. 3. (a) The county legislative body shall prepare a plan for the delivery of township assistance throughout the county. The county legislative body shall appoint the following to serve as advisers to the legislative body in the preparation of the plan:
(1) At least one (1) person employed by a faith based human services provider agency.
(2) At least one (1) person employed by a government funded human services provider agency.
(3) At least one (1) person employed by a nonprofit human services provider agency.
(b) The county fiscal body shall determine the compensation, if
any, to be paid to an individual serving as an adviser under
subsection (a).
Sec. 4. (a) In preparing a plan, the county legislative body shall:
(1) consider whether areas are overserved or underserved in
the delivery of township assistance; and
(2) create uniformity in the delivery to areas in the county of
township assistance services.
(b) In preparing the plan, the county legislative body shall
consider the township assistance budget.
(c) In preparing a plan, the county legislative body shall
determine whether the county may contract with a service
provider to provide some or all township assistance services to a
township.
(d) In preparing a plan, the county legislative body shall
recognize and coordinate with other providers of relief for indigent
persons.
(e) The plan must meet the requirements of this chapter.
Sec. 5. (a) The county legislative body shall review the plan
during at least two (2) public meetings at which the public and any
interested parties are entitled to the opportunity to comment on the
plan.
(b) The county legislative body shall approve the plan by
ordinance adopted before January 1, 2014.
Sec. 6. A plan adopted under this chapter must include the
following:
(1) A plan specifying any necessary requirements in the
transition to the delivery of township assistance throughout
the county.
(2) The county's procedures for application and review of
township assistance requests.
(3) The forms of township assistance.
(4) A description of the supervisors, investigators, assistants,
or other necessary employees that will be employed in
discharging the township trustees' duties concerning the
provision of township assistance, and a recommendation
concerning the compensation of these employees.
(5) A description of the offices that must be maintained in the
county to carry out the administrators' duties concerning the
provision of township assistance.
(6) A description of the proposed standards under
IC 12-20-1.7 for township assistance.
(7) In the case of any service, program, limitation, power, or
duty that may under this article or IC 12-30-4 be included in
the plan, a description of whether or not that service,
program, limitation, power, or duty is included in the plan.
(8) Any other provisions necessary to address the provision of
township assistance under this article.
Sec. 7. After a plan is approved by the county legislative body,
the plan and the transfer of township assistance responsibilities to
the county as provided in the plan take effect January 1, 2015.
Sec. 8. The county legislative body shall annually review a plan
adopted under this chapter and may propose amendments to the
plan.
Chapter 1.7. Standards for Township Assistance in All Counties
Sec. 1. This chapter applies to all counties.
Sec. 2. (a) Standards for the issuance of township assistance and the processing of applications apply after December 31, 2014.
(b) The standards must meet or exceed the requirements of this chapter.
(c) A county is not required to establish standards under this chapter that are uniform among the townships in the county. A county may establish different standards for each of the townships in the county.
Sec. 3. A county's standards for the issuance of township assistance and the processing of applications must satisfy the following:
(1) The standards must be in compliance with the requirements of this article.
(2) In a county to which IC 36-6-6.2 applies, the standards must be:
(A) proposed by the board and adopted by the county legislative body; and
(B) reviewed by the board and updated annually by the board and county legislative body to reflect changes in the cost of basic necessities in the county and changes in the law.
(3) In a county having a consolidated city or a county to which IC 36-6-6.4 applies, the standards must be:
(A) proposed and adopted by the county legislative body; and
(B) reviewed and updated annually by the county
legislative body to reflect changes in the cost of basic
necessities in the county and changes in the law.
(4) The standards must be published in a single written
document, including addenda attached to the document.
(5) The standards must be posted in a place prominently
visible to the public in all offices of an administrator where
township assistance applications are taken or processed.
Sec. 4. County standards for the administration of township
assistance must establish, at a minimum, the following:
(1) Criteria for determining township assistance eligibility.
(2) Minimum requirements of administrator accessibility.
(3) Provision of township assistance in a manner that does not
discriminate against applicants based on race, religion, color,
sex, disability, national origin, or ancestry.
(4) Subject to subdivision (5), income standards for the county
that provide for financial eligibility in an amount consistent
with reasonable costs of basic necessities in the particular
county.
(5) A provision specifying that a Holocaust victim's settlement
payment received by an eligible individual:
(A) must be excluded from countable assets and countable
income; and
(B) may not be considered when setting income standards.
(6) Other information as needed, including the following:
(A) Township assistance office locations, hours, and days
of availability.
(B) Initial eligibility criteria.
(C) Continuing eligibility criteria.
(D) Workfare requirements.
(E) Essential and nonessential assets.
(F) Available resources.
(G) Income exemptions.
(H) Application process.
(I) Countable income.
(J) Countable assets.
(K) Wasted resources.
Sec. 5. (a) The county shall ensure adequate access to township
assistance services, including a published telephone number for the
township assistance offices in the name of the county.
(b) A township assistance office, if separate from the
administrator's residence, must be designated by a clearly visible
sign that conforms to all local zoning and signage restrictions and
that lists the:
(1) administrator's name;
(2) availability of township assistance; and
(3) township assistance office's telephone number.
Sec. 6. (a) This section does not apply to an administrator who
has assisted fewer than fifty-one (51) households during each of the
two (2) years immediately preceding the date of the administrator's
annual report under IC 12-20-28-4.
(b) To ensure minimum accessibility, an administrator
operating a township assistance office in a township with a
population of at least ten thousand (10,000) shall provide scheduled
office hours for township assistance. Each office must be staffed
with an individual qualified to:
(1) determine eligibility; and
(2) issue relief sufficient to meet the township assistance needs
of the township.
(c) To meet the requirements of subsection (b), an administrator
shall do the following:
(1) Provide township assistance office hours for at least
fourteen (14) hours per week.
(2) Provide that there is not more than one (1) weekday on
which the township assistance office is closed between the
days the township assistance office is open.
(3) Provide for after hours access to the township assistance
office by use of an answering machine or a service:
(A) capable of taking messages; and
(B) programmed to provide information about township
assistance office hours.
(4) Respond to a telephone inquiry for township assistance
services not more than twenty-four (24) hours, excluding
Saturdays, Sundays, and legal holidays, after receiving the
inquiry.
(5) Post township assistance office hours and telephone
numbers at the entrance to each township assistance office.
Sec. 7. County standards for the administration of township
assistance must include all applicable standards governing the
provision of basic necessities, including maximum amounts, special
conditions, or other limitations on eligibility, if any have been
established for one (1) or more basic necessities.
(1) applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county; and
(2) does not apply to any other county.
A suit or proceeding in favor of or against
(b) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, a suit or proceeding in favor of or against the administrator or board concerning township assistance shall be conducted in favor of or against the county in the county's corporate name.
(1) Employ supervisors, investigators, assistants, or other necessary employees in discharging the
(2) Fix the salaries or wages to be paid to the supervisors, investigators, assistants, and other necessary employees employed by the
(b) After December 31, 2014, in a county to which IC 36-6-6.2 applies, the administrator, subject to the approval of the county fiscal body and the board:
(1) shall hire supervisors, investigators, assistants, or other necessary employees in discharging the administrator's duties concerning the provision of township assistance; and
(2) may establish offices in the county for the provision of township assistance;
in accordance with the county plan.
(c) This subsection applies after December 31, 2014. This subsection applies to a county having a consolidated city, if IC 36-6-6.6 applies to the county, and to a county to which IC 36-6-6.4 applies. The administrator, subject to the approval of the county fiscal body:
(1) shall hire supervisors, investigators, assistants, or other
necessary employees in discharging the administrator's duties
concerning the provision of township assistance; and
(2) may establish offices in the county for the provision of
township assistance;
in accordance with the county plan.
(d) An individual hired by an administrator under subsection
(b) or (c) is a county employee.
(1) applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county; and
(2) does not apply to any other county.
The
(b) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, the administrator shall:
(1) in accordance with the county plan; and
(2) subject to the approval of:
(A) the board and the county fiscal body (in the case of a county subject to IC 36-6-6.2); or
(B) the county fiscal body (in the case of a county subject to IC 36-6-6.4 or IC 36-6-6.6);
determine the number of township assistance supervisors, investigators, assistants, or other necessary employees that are employed by the county to administer township assistance.
(d) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, the pay of township assistance employees shall be fixed in the manner provided by law for other county salaries.
to the county. After December 31, 2014, this subsection does not
apply to any other county. A township assistance supervisor,
investigator, assistant, or other necessary employee who uses an
automobile in the performance of the employee's work is entitled to the
same mileage paid to state officers and employees.
(f) After December 31, 2014, in a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies, a township assistance employee
of a county is entitled to a sum for mileage at a rate determined by
the county fiscal body.
(b) After December 31, 2014, in a county to which IC 36-6-6.2 applies, if there are more than four (4) township assistance investigators, the board may, if provided by the county plan, and with the approval of the county fiscal body, employ one (1) additional supervisor for each twelve (12) township assistance investigators or major fraction of that number.
(c) This subsection applies after December 31, 2014. This subsection applies to a county having a consolidated city, if IC 36-6-6.6 applies to the county. This subsection does not apply to any other county. The county may hire the number of additional supervisors provided for in the county plan.
(e) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, the pay of township assistance investigators shall be fixed in the manner provided by law for other county salaries.
(b) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, a county may employ an investigator to investigate township assistance applicants and recipients in two (2) or more townships in the county.
(b) A township assistance supervisor, investigator, assistant, or other necessary employee shall be paid at the rate established by the
(c) A township assistance supervisor, investigator, assistant, or other necessary employee shall be paid out of the same money as claims for township assistance are paid. Claims for pay are payable upon presentation of a sworn claim itemizing each day for which pay is requested. Claims are to be made and filed in the same manner as other claims for township assistance expenditures are payable, at least once each month.
(d) Each township assistance chief deputy, investigator, supervisor, assistant, or other necessary employee may be granted paid vacation leave or sick leave under IC 5-10-6-1.
(e) After December 31, 2014, this subsection applies to a county
having a consolidated city, if IC 36-6-6.6 does not apply to the
county. After December 31, 2014, this subsection does not apply to
any other county. The township trustee administrator of a township
having a population of at least ten thousand (10,000) may appoint a
chief deputy. A chief deputy may be paid from any township funds.
(f) After December 31, 2014, in a county to which IC 36-6-6.4 or
IC 36-6-6.6 applies, the administrator of a township having a
population of at least ten thousand (10,000) may appoint a chief
deputy if provided for in the county plan. A chief deputy may be
paid from any township funds.
(g) After December 31, 2014, in a county to which IC 36-6-6.2
applies, the board may appoint a chief deputy of a township having
a population of at least ten thousand (10,000) if provided for in the
county plan. A chief deputy may be paid from any county funds.
(b) This subsection applies after December 31, 2014. If permitted by the county plan:
(1) in the case of a county to which IC 36-6-6.2 applies, the county may, with the approval of the board and the county fiscal body;
(2) in the case of a county to which IC 36-6-6.4 applies, the administrator may, with the approval of the county fiscal body; or
(3) in the case of a county having a consolidated city to which IC 36-6-6.6 applies, the administrator may, with the approval of the county fiscal body;
employ personnel to supervise rehabilitation, training, retraining, and work programs as provided in IC 12-20-13.
Chapter 5.1. Powers and Duties of Township Trustees in Counties That Approve a Public Question Under IC 36-6-6.1
Sec. 1. This chapter applies after December 31, 2014. This chapter applies only to a county to which IC 36-6-6.2 applies.
Sec. 2. (a) The township trustee is the executive and administrative officer for township assistance in the trustee's township.
(b) The board is the chief executive and administrative body for township assistance in the county.
Sec. 3. A township trustee shall perform all duties with reference to the poor of the trustee's township as prescribed by law and in accordance with the county plan. A township trustee shall perform the following duties and responsibilities with respect to the trustee's township, subject to the supervision of the board:
(1) Administer township assistance within the standards adopted under IC 12-20-1.7, including:
(A) accepting and processing applications for township assistance;
(B) investigating applications for township assistance;
(C) approving and denying applications for township assistance;
(D) administering approved relief; and
(E) working with other governmental and nonprofit providers of assistance to direct applicants to other resources.
(2) Manage staff.
(3) Operate township assistance offices.
(4) Complete and submit to the board the annual township assistance statistical report under IC 12-20-28 and maintain data on township assistance.
(5) If provided for in the county plan, conduct rehabilitation, training, and work programs.
(6) Manage contracts with human service providers.
(7) Perform the duties set forth in IC 12-30-4.
Sec. 4. A township trustee is entitled to the annual salary fixed by the county fiscal body in the same manner that salaries are fixed for other county officers and employees.
Sec. 5. The annual appropriations to a township trustee for the expenses of renting an office and telephone expenses must, as
nearly as is possible, be equal to the actual cost of those items. If
the township trustee uses a part of the trustee's residence for an
office, the county fiscal body shall appropriate a reasonable sum
for that office space.
(1) applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county; and
(2) does not apply to any other county.
(b) The
(c) After December 31, 2014, this subsection applies to a county having a consolidated city, if IC 36-6-6.6 does not apply the county. After December 31, 2014, this subsection does not apply to any other county.
(d) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, a county plan may provide that the administrator has no obligation to extend aid to an applicant or to a member of an applicant's household who has been denied assistance as described in subsection (b).
(1) If the conviction is a misdemeanor,
(2) If the conviction is a felony,
(b) An individual filing an application and affidavit on behalf of a household must provide the names of all household members and any information necessary for determining the household's eligibility for township assistance. The application must be on the form prescribed by the state board of accounts.
(c) An applicant for utility assistance under IC 12-20-16-3(a) or IC 12-20-16-3(b) must comply with
(d) The
(e) The
(1) has a mental or physical disability, including mental retardation, cerebral palsy, blindness, or paralysis;
(2) has dyslexia; or
(3) cannot read or write the English language.
(1) If the conviction is for a misdemeanor, for one (1) year after the conviction.
(2) If the conviction is for a felony, for ten (10) years after the conviction.
(b) After December 31, 2014, this subsection applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county. After December 31, 2014, this subsection does not apply to any other county. If
individual has obtained township assistance from any township by
means of conduct described in IC 35-43-5-7, the township trustee
administrator may refuse to extend aid to or for the benefit of that
individual for sixty (60) days after the later of the:
(1) date of the improper conduct; or
(2) date aid was last extended to the individual based on the
improper conduct.
(c) After December 31, 2014, in a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies, if the administrator finds that
an individual has obtained township assistance by means of
conduct described in IC 35-43-5-7, the administrator may, if
provided for in the county plan, refuse to extend aid to or for the
benefit of the individual for sixty (60) days after the later of the
following:
(1) The date of the improper conduct.
(2) The date aid was last extended to the individual based on
the improper conduct.
(1)
(2) a township is not obligated to pay the cost of basic necessities incurred on behalf of the household in which the individual resides;
during a period that the individual has previously applied for and been denied township assistance.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. Notwithstanding any other provision of this article:
(1) an administrator may not extend aid to or for the benefit of an individual if that aid would pay for goods or services provided to or for the benefit of the individual; and
(2) a county, if provided for in the county plan, is not obligated to pay the cost of basic necessities incurred on behalf of the household in which the individual resides;
during a period that the individual has previously applied for and been denied township assistance.
(1) Mail notice or provide personal notice not later than seventy-two (72) hours, excluding weekends and legal holidays listed in IC 1-1-9, after the completed application is received advising the applicant of the right to appeal an adverse decision of the
(A) the board of commissioners, in the case of a county having a consolidated city, if IC 36-6-6.6 does not apply to the county; or
(B) in the case of a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies:
(i) before January 1, 2015, the board of commissioners; or
(ii) after December 31, 2014, the circuit court having jurisdiction in the county.
(2) Include in the notice required under subdivision (1) the following:
(A) The type and amount of assistance granted.
(B) The type and amount of assistance denied or partially granted.
(C) Specific reasons for denying all or part of the assistance requested.
(D) Information advising the applicant of the procedures for appeal to the:
(i) board of commissioners, in the case of a county having a consolidated city, if IC 36-6-6.6 does not apply to the county; or
(ii) in the case of a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, (before January 1, 2015) board of commissioners, and (after December 31, 2014) the circuit court having jurisdiction in the county.
(E) After December 31, 2014, in the case of a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, any other information required by the county plan.
(b) A copy of the notice described in subsection (a) shall be filed
with the recipient's application and affidavit in the trustee's
administrator's office.
(c) An application for township assistance is not considered
complete until all adult members of the requesting household have
signed:
(1) the township assistance application; and
(2) any other form, instrument, or document:
(A) required by law; or
(B) determined necessary for investigative purposes by the
trustee, administrator, as contained in the township's
township assistance guidelines.
(b) If an applicant who applies for township assistance or a member of the applicant's household has a relative living in the township who is able to assist the applicant or member of the applicant's household, the
(c)
(1) the same household as the relative; or
(2) housing separate from the relative and either:
(A) the housing is unencumbered by mortgage; or
(B) the housing has not been previously rented by the relative to a different tenant at reasonable market rates for at least six (6) months.
(d) After December 31, 2014, this subsection applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county. After December 31, 2014, this subsection does not apply to any other county. If shelter payments are made to a relative of a township assistance applicant on behalf of the applicant or a member of the applicant's household, the
(e) This subsection applies after December 31, 2014. This
subsection applies only to a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies. If shelter payments are made
to a relative of a township assistance applicant on behalf of the
applicant or a member of the applicant's household, the
administrator may, if authorized by the county plan, file a lien
against the relative's real property for the amount of township
shelter assistance granted.
(b) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, the administrator shall use the information received under section 2 of this chapter to assist in reducing fraud and abuse in aid programs administered by the administrator.
(1) The administration of the
(2) The administration of public assistance programs that are administered by the division of family resources and county offices.
(b) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, if provided for in the county plan, the administrator may deny township assistance to an individual if the administrator determines that the individual does not intend to make the township or county the individual's sole place of residence.
(1) who:
(A) applies to the
(B) obtains free medical aid, hospitalization, public institutional care, or assistance in any part at public expense; and
(2) who does not have legal residence in the township;
may be returned by the
(b) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. An individual:
(1) who:
(A) applies to the administrator for assistance or is in need of assistance; or
(B) obtains free medical aid, hospitalization, public institutional care, or assistance in any part at public expense; and
(2) who does not have legal residence in the township county;
may be returned by the administrator to the individual's place of legal residence if the individual's place of legal residence can be determined and if authorized by the county plan.
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) After December 31, 2014, this subsection
applies to a county having a consolidated city, if IC 36-6-6.6 does
not apply to the county. After December 31, 2014, this subsection
does not apply to any other county. If an individual or a member of
an individual's household who is determined to be eligible for township
assistance and entitled to temporary relief is in a township in which the
individual or household member does not have legal residence, the
township trustee as administrator of township assistance may, if the
trustee administrator considers advisable, place the individual or
household member temporarily in a county home as provided in
IC 12-20-17-4.
(b) This subsection applies after December 31, 2014. This
subsection applies only to a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies. If an individual or a member of
an individual's household who is determined to be eligible for
township assistance and entitled to temporary relief is in a
township in which the individual or household member does not
have legal residence, the administrator may place the individual or
household member temporarily in a county home as provided in
IC 12-20-17-4, if:
(1) the administrator considers the temporary placement
advisable;
(2) the temporary placement is provided for in the county
plan; and
(3) in the case of a county to which IC 36-6-6.2 applies, the
temporary placement is approved by the county board.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. If a township assistance applicant or a member of the applicant's household claims an
inability to work due to health, the administrator, if permitted by
the county plan, may require and provide for any medical
examination necessary for the administrator to determine whether
the applicant or household member is able to perform work.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. The administrator, if permitted by the county plan, may call upon residents of the county to aid in finding employment for a township assistance applicant who is able to work.
(b) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, if permitted by the county plan, the administrator may require the recipient to perform work for nonprofit human services agencies located within the county or an adjoining township in another county unless the recipient attends courses under section 3 of this chapter.
determination.
(d) After December 31, 2014, in a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies, the administrator shall
determine a township assistance applicant's suitability to perform
available work under this section. If permitted by the county plan,
the administrator may provide for medical examinations necessary
to make the determination.
(c) (e) A township assistance recipient shall perform an amount of
work that equals the value of assistance received by the township
assistance recipient or the recipient's household. The township
assistance recipient shall work off the assistance at a rate not less than
the federal minimum wage.
(d) (f) The nonprofit agency for which work is performed under this
section shall furnish the necessary tools, materials, or transportation,
unless the trustee administrator agrees in writing to furnish the
necessary tools, materials, or transportation to and from the work site
from the trustee's administrator's office.
(e) (g) Supervision of the work of a township assistance recipient
under this section is the responsibility of the nonprofit agency for
which the work is performed.
(f) (h) The township trustee administrator shall ensure that a
township assistance recipient performing work under this section is
covered by adequate liability insurance for injuries or damages suffered
by or caused by the township assistance recipient.
(g) (i) A township assistance recipient may not be assigned to work
that would result in the displacement of employees of the nonprofit
agency or in the reduction of hours worked by those employees.
(1) adult education courses under IC 20-30-6-1 (before its repeal) or IC 22-4.1-18; or
(2) courses at Ivy Tech Community College;
the township assistance recipient is exempt from performing work or searching for work for not more than one hundred eighty (180) days.
(b) After December 31, 2014, this subsection applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county. After December 31, 2014, this subsection does not apply to any other county. The
attending the courses described in subsection (a) if the recipient:
(1) has a proven aptitude for the courses being studied;
(2) was referred by the trustee; administrator;
(3) does not qualify for other tax supported educational programs;
(4) maintains a passing grade in each course; and
(5) maintains the minimum attendance requirements specified by
the educational institution.
(c) This subsection applies after December 31, 2014. This
subsection applies only to a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies. If permitted by the county plan,
the administrator may reimburse a township assistance recipient
for tuition expenses incurred in attending the courses described in
subsection (a) if the recipient:
(1) has a proven aptitude for the courses being studied;
(2) was referred by the administrator;
(3) does not qualify for other tax supported educational
programs;
(4) maintains a passing grade in each course; and
(5) maintains the minimum attendance requirements specified
by the educational institution.
(b) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, if permitted by the county plan, the administrator may do the following:
(1) The administrator may require a township assistance applicant or an adult member of the applicant's household to satisfy all obligations to perform work incurred in another township or (in the case of a county to which IC 36-6-6.4 or IC 36-6-6.6 applies) another county before additional
township assistance is granted.
(2) In case of an emergency, the administrator may:
(A) temporarily waive the work obligation incurred from
another township or (in the case of a county to which
IC 36-6-6.4 or IC 36-6-6.6 applies) another county; and
(B) provide temporary assistance to an applicant or a
household in order to relieve need or immediate suffering.
(b) (c) After December 31, 2014, this subsection applies to a
county having a consolidated city, if IC 36-6-6.6 does not apply to
the county. After December 31, 2014, this subsection does not apply
to any other county. The township trustee administrator may request
from another township trustee administrator documentation necessary
to confirm that a township assistance applicant or an adult member of
the applicant's household performed or did not perform work in another
township or county.
(d) This subsection applies after December 31, 2014. This
subsection applies only to a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies. If permitted by the county plan,
the administrator may request from another administrator
documentation necessary to confirm that a township assistance
applicant or an adult member of the applicant's household
performed or did not perform work in another township or (in the
case of a county to which IC 36-6-6.4 or IC 36-6-6.6 applies)
another county.
(1) federal, state, or local governmental entity; or
(2) nonprofit agency.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. As a condition of continuing eligibility, the administrator, if permitted by the county plan, may require a recipient of township assistance or any member of a
recipient's household to participate in an appropriate work
training program that is offered to the recipient or a member of
the recipient's household within the county or an adjoining
township in another county by a:
(1) federal, state, or local governmental entity; or
(2) nonprofit agency.
(1) Conduct the following for township assistance recipients in the township:
(A) Rehabilitation programs.
(B) Training programs.
(C) Retraining programs.
(D) Work programs.
(2) Employ personnel to supervise the programs.
(3) Pay the costs of the programs from township assistance money.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. If permitted by the county plan, the administrator may conduct the following for township assistance recipients in the administrator's jurisdiction:
(1) Rehabilitation programs.
(2) Training programs.
(3) Retraining programs.
(4) Work programs.
The board (in the case of a county to which IC 36-6-6.2 applies) or the administrator (in the case of a county to which IC 36-6-6.4 or IC 36-6-6.6 applies) may employ personnel to supervise the programs and pay the costs of the programs from township assistance funds.
(b) An appropriation may not be made or approved unless a sufficient amount of money to cover the proposed expenditure is included in the annual township assistance budget.
(1) applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county; and
(2) does not apply to any other county.
Chapter 15.1. Appeal of Denial or Reduction in Amount of Township Assistance in Certain Counties
Sec. 1. This chapter applies after December 31, 2014. This chapter applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies.
Sec. 2. If an applicant for or recipient of township assistance is not satisfied with the decision of the administrator concerning the township assistance, the applicant or recipient may appeal to the circuit court in the county.
Sec. 3. In hearing an appeal under section 2 of this chapter, the court is governed by the county's standards for determining eligibility for granting township assistance in the county adopted under IC 12-20-1.7. If legally sufficient standards have not been established, the court is guided by the circumstances of the case.
(1) Promptly provide medical assistance for poor individuals in the
(2) See that medicines, medical supplies, special diets, or tests prescribed by a physician or surgeon in attendance upon poor individuals in the
(b) Except as provided in subsections (c) and (d),
assistance under the township assistance program if the individual
could qualify for medical assistance for the same service under:
(1) IC 12-16;
(2) Medicaid;
(3) other governmental medical programs; or
(4) private health insurance that would cover the individual at the
time the assistance was provided. However, if the individual's
insurance does not pay for the medical assistance due to a policy
deductible or other policy limitation, the township trustee
administrator shall pay for medical assistance that the trustee
administrator would provide if the individual did not have
insurance.
(c) However, After December 31, 2014, this subsection applies to
a county having a consolidated city, if IC 36-6-6.6 does not apply
to the county. After December 31, 2014, this subsection does not
apply to any other county. A township trustee An administrator may
provide interim medical services during the period that the individual
has an application pending for medical assistance under Medicaid
(IC 12-15) or another governmental medical program if the individual
is reasonably complying with all requirements of the application
process.
(d) This subsection applies after December 31, 2014. This
subsection applies only to a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies. If permitted by the county plan,
the administrator may provide interim medical services during the
period that the individual has an application pending for medical
assistance under Medicaid (IC 12-15) or another governmental
medical program if the individual is reasonably complying with all
requirements of the application process.
(c) (e) The township trustee administrator shall pay only for the
following medical services for the poor of the township:
(1) Prescription drugs, not to exceed a thirty (30) day supply at a
time, as prescribed by an attending practitioner (as defined in
IC 16-42-19-5) other than a veterinarian. However, if the
prescription drugs are available only in a container that contains
more than a thirty (30) day supply, the township trustee
administrator may pay for the available size.
(2) Office calls to a physician licensed under IC 25-22.5 or
another medical provider.
(3) Dental care needed to relieve pain or infection or to repair
cavities.
(4) Repair or replacement of dentures.
(5) Emergency room treatment that is of an emergency nature.
(6) Preoperation testing prescribed by an attending physician licensed under IC 25-22.5.
(7) Over-the-counter drugs prescribed by a practitioner (as defined in IC 16-42-19-5) other than a veterinarian.
(8) X-rays and laboratory testing as prescribed by an attending physician licensed under IC 25-22.5.
(9) Visits to a medical specialist when referred by an attending physician licensed under IC 25-22.5.
(10) Physical therapy prescribed by an attending physician licensed under IC 25-22.5.
(11) Eyeglasses.
(12) Repair or replacement of a prosthesis not provided for by other tax supported state or federal programs.
(13) Insulin and items needed to administer the biological, not to exceed a thirty (30) day supply at a time, in accordance with section 14 of this chapter. However, if the biologicals are available only in a container that contains more than a thirty (30) day supply, the
(1) can provide the particular medical services within the scope of the provider's license issued under IC 25; and
(2) is willing to provide the medical services for the charges established by the
is entitled to be included on the list.
(g) This subsection applies after December 31, 2014. This subsection applies to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. If permitted by the county plan, the administrator may establish a list of approved medical providers to provide medical services to the poor of the administrator's jurisdiction. Any medical provider who:
(1) can provide the particular medical services within the scope of the provider's license issued under IC 25; and
(2) is willing to provide the medical services for the charges established by:
(A) the board of trustees established under IC 36-2-3.6, in
the case of a county to which IC 36-6-6.2 applies; or
(B) the administrator, in the case of a county to which
IC 36-6-6.4 or IC 36-6-6.6 applies;
is entitled to be included on the list.
(e) (h) Unless prohibited by federal law, a township trustee an
adminstrator who:
(1) provides to an individual medical assistance that is eligible for
payment under any medical program described in subsection (b)
for which payments are administered by an agency of the state
during the pendency of the individual's successful application for
the program; and
(2) submits a timely and proper claim to the agency;
is eligible for reimbursement by the agency to the same extent as any
medical provider.
(f) (i) If a township trustee an adminstrator provides medical
assistance for medical services provided to an individual who is
subsequently determined to be eligible for Medicaid:
(1) the township trustee administrator shall notify the medical
provider that provided the medical services of the individual's
eligibility; and
(2) not later than thirty (30) days after the medical provider
receives the notice under subdivision (1), the medical provider
shall file a claim for reimbursement with the office.
(g) (j) A medical provider that is reimbursed under subsection (f) (i)
shall, not later than thirty (30) days after receiving the reimbursement,
pay to the township trustee administrator the lesser of:
(1) the amount of medical assistance received from the trustee
administrator to an individual; or
(2) the amount reimbursed by Medicaid to the medical provider.
(1) Water services.
(2) Gas services.
(3) Electric services.
(4) Fuel oil services for fuel oil used for heating or cooking.
(5) Coal, wood, or liquid propane used for heating or cooking.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. The administrator may, if permitted by the county plan, in cases of necessity, authorize the payment from township assistance money for essential utility services, including the following:
(1) Water services.
(2) Gas services.
(3) Electric services.
(4) Fuel oil services for fuel oil used for heating or cooking.
(5) Coal, wood, or liquid propane used for heating or cooking.
(d) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. If permitted by the county plan, the administrator may authorize the payment of delinquent bills for the services or materials listed in subsection (b)(1) through (b)(5) when necessary to prevent the termination of the services or to restore terminated service if the delinquency has lasted not longer than twenty-four (24) months. The county plan may provide that the administrator has no obligation to pay a delinquent bill for the services or materials listed in subsection (b)(1) through (b)(5) if the delinquency has lasted longer than twenty-four (24) months.
(1) that is not properly charged to:
(A) an adult member of a household;
(B) an emancipated minor who is head of the household; or
(C) a landlord or former member of the household if the applicant proves that the applicant:
(i) received the services as a tenant residing at the service address at the time the cost was incurred; and
(ii) is responsible for payment of the bill;
(2) received as a result of a fraudulent act by any adult member of a household requesting township assistance; or
(3) that includes the use of township assistance funds for the payment of:
(A) a security deposit; or
(B) damages caused by a township assistance applicant to utility company property.
(f) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, the county plan may provide that the administrator is not required to pay for any utility service:
(1) that is not properly charged to:
(A) an adult member of a household;
(B) an emancipated minor who is head of the household; or
(C) a landlord or former member of the household if the applicant proves that the applicant:
(i) received the services as a tenant residing at the service address at the time the cost was incurred; and
(ii) is responsible for payment of the bill;
(2) received as a result of a fraudulent act by any adult member of a household requesting township assistance; or
(3) that includes the use of township assistance funds for the payment of:
(A) a security deposit; or
(B) damages caused by a township assistance applicant to utility company property.
(1) Evidence of application for assistance for heating fuel or electric services from the lieutenant governor.
(2) The amount of assistance received or the reason for denial of assistance.
Except as provided in subsections (i) and (j), the
(i)
(j) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. If the applicant household is eligible under criteria established by the lieutenant governor for energy assistance under IC 4-4-33, the administrator may, if permitted by the county plan, certify the applicant as eligible for that assistance by completing an application form prescribed by the state board of accounts and forwarding the eligibility certificate to the lieutenant governor within the period established for the acceptance of applications. If the administrator follows this certification procedure, no other application is required for assistance under IC 4-4-33.
filed the most recent application for township assistance. If the
individual or a member of the individual's household certifies that the
income, resources, or household size has changed, the township trustee
administrator shall review the individual's or household's eligibility
and may do the following:
(1) After December 31, 2014, this subdivision applies to a
county having a consolidated city, if IC 36-6-6.6 does not
apply to the county. After December 31, 2014, this subdivision
does not apply to any other county. The administrator may
make any necessary adjustments in the level of assistance
provided to the individual or to a member of the individual's
household.
(2) After December 31, 2014, in a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies, if permitted by the county
plan, the administrator may make any necessary adjustments
in the level of assistance provided to the individual or to a
member of the individual's household.
(1) A county having a consolidated city, if IC 36-6-6.6 does not apply to the county.
(2) A county to which IC 36-6-6.2 applies.
An applicant or a household that receives food relief in any township having a population of more than ten thousand (10,000) may request the
(b) After December 31, 2014, this subsection applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county. After December 31, 2014, this subsection does not apply to any other county. The amount of a food order for various sized households that are determined by the
(1) fire, flood, or other natural disaster;
(2) burglary or other criminal act; or
(3) the unpreventable spoilage of food.
(c) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. The amount of a food order for various sized households that are determined by the administrator, if provided for in the county plan, to be eligible for township assistance must be based upon uniform monthly amounts specified in the township assistance standards. However, if provided for in the county plan, an additional amount of food may be ordered for special health reasons as prescribed by a physician. If provided for in the county plan, a supplemental food order may be issued because of the loss of the recipient's food by:
(1) fire, flood, or other natural disaster;
(2) burglary or other criminal act; or
(3) the unpreventable spoilage of food.
(e) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. If provided for in the county plan, the administrator may issue a food order to an eligible applicant on a daily, weekly, or monthly basis.
(b) Except as provided in subsection (c),
(1) During the interim period beginning when an applicant or a household is awaiting a determination of eligibility from the food stamp office and ending not more than five (5) days after the day the applicant or household becomes eligible to participate in the federal food stamp program.
(2) Upon the verified loss of the household's food stamps or food
supply by:
(A) fire or other natural disaster; or
(B) burglary or other criminal act, if the requesting applicant
or household files a report with the appropriate law
enforcement agency.
(3) Upon the loss of the applicant's or household's food supply
through spoilage.
(4) Upon a written statement from a physician indicating that at
least one (1) member of the household needs a special diet, the
cost of which is greater than can be purchased with the
household's allotment of food stamps.
(5) If the township trustee as administrator of township assistance,
determines that an applicant or a household:
(A) is in need of supplementary food assistance; and
(B) has participated in the federal food stamp program to the
fullest extent allowable under federal and state law;
and supplementary food assistance is required by the
circumstances of the particular case.
(c) After December 31, 2014, in a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies, an administrator may purchase
food for an eligible food stamp applicant or household only if the
county plan incorporates the conditions set forth in subsection (b).
(b) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, if permitted by the county plan, the administrator may purchase feed for a minimum amount of subsistence livestock if the cost is less than the cost of food that is otherwise necessary for the administrator to furnish under this chapter.
IC 36-2-14-16.
(b) If:
(1) an individual dies in a township an administrator's
jurisdiction without leaving:
(A) money;
(B) real or personal property;
(C) other assets that may be liquidated; or
(D) other means necessary to defray funeral expenses; and
(2) the individual is not a resident of another township or county
in Indiana;
the township trustee, as administrator of township assistance, shall
provide a person to superintend and authorize either the funeral and
burial or cremation of the deceased individual. If the township trustee
administrator determines that the deceased individual is a resident of
another township or county in Indiana, the township trustee
administrator shall notify the trustee of that township, administrator
of that township or county, who shall then provide a person to
superintend and authorize either the funeral and burial or cremation of
the deceased individual.
(c) The necessary and reasonable expenses of the funeral and burial
or cremation, including a burial plot, shall be paid in the same manner
as other claims for township assistance. A trustee An administrator
shall determine the cost for the items and services required by law for
the funeral and burial of an individual, including a burial plot, and for
the cremation of an individual, and include in the township's township
assistance standards the maximum funeral and burial or cremation
amount to be paid from township assistance funds.
The (d) After December 31, 2014, this subsection applies to a
county having a consolidated city, if IC 36-6-6.6 does not apply to
the county. After December 31, 2014, this subsection does not apply
to any other county. A trustee An administrator may deduct from the
maximum amount the following:
(1) Any monetary benefits that the deceased individual is entitled
to receive from a state or federal program.
(2) Any money that another person provides on behalf of the
deceased individual.
(e) After December 31, 2014, in a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies, if permitted by the county plan,
the administrator may deduct from the maximum amount the
following:
(1) Any monetary benefits that the deceased individual is
entitled to receive from a state or federal program.
(2) Any money that another person provides on behalf of the
deceased individual.
(d) (f) If an individual described in subsection (b) is a resident of a
state institution at the time of the individual's death, the division that
has administrative control of the state institution shall reimburse the
township trustee administrator for the necessary and reasonable
expenses of the funeral and burial or cremation of the deceased
individual. The township trustee administrator shall submit to the
division that has administrative control of the state institution an
itemized claim for reimbursement of the necessary and reasonable
funeral and burial or cremation expenses incurred by the township
trustee. administrator.
(e) (g) If an individual described in subsection (b) is a resident of a
special institution governed by IC 16-33 at the time of the individual's
death, the state department of health shall reimburse the township
trustee administrator for the necessary and reasonable expenses of the
funeral and burial or cremation of the deceased individual. The
township trustee administrator shall submit to the state department of
health an itemized claim for reimbursement of the necessary and
reasonable funeral and burial or cremation expenses incurred by the
township trustee. administrator.
(f) (h) A township trustee An administrator who provides funeral
and burial or cremation benefits to a deceased individual is entitled to
a first priority claim, to the extent of the cost of the funeral and burial
or cremation benefits paid by the township trustee, administrator,
against any money or other personal property held by the coroner under
IC 36-2-14-11.
(g) (i) The township trustee administrator may not cremate a
deceased individual if:
(1) the deceased individual; or
(2) a surviving family member of the deceased individual;
has objected in writing to cremation.
(h) (j) If a township trustee an administrator provides a funeral
under this section, the cost of the funeral may not be more than the cost
of the least expensive funeral, including any necessary merchandise
and embalming, available from the funeral director under the funeral
director's price list disclosed to the Federal Trade Commission.
(1) applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county; and
(2) does not apply to any other county.
(b) The administrator may process, at the expense of the county, materials provided by charitable or governmental agencies to provide any item of township assistance if:
(1) the processing is permitted by the county plan; and
(2) the expense of the processing is less than the cost of the finished product.
(c) The administrator may:
(1) buy materials and supplies of any item of relief; and
(2) process the materials for township assistance purposes;
if authorized by the county plan.
(d) The administrator may buy garden seeds and plant and maintain gardens for township assistance purposes if permitted by the county plan.
meet the requirements of IC 16-41-19-4.
(b) This subsection applies after December 31, 2014. This
subsection applies only to a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies. If authorized by the county
plan, the administrator may provide insulin to individuals who are
in need of insulin treatment and who are financially unable to
purchase the insulin, upon application of a physician licensed
under IC 25-22.5 or an advanced practice nurse who is licensed
under IC 25-23 and who meets the requirements of IC 25-23-1-11
and IC 25-23-1-19.5. However, an application submitted by a
physician or an advanced practice nurse under this section must
meet the requirements of IC 16-41-19-4.
(1) mobile homes;
(2) group homes;
(3) single household units;
(4) multiple household units;
(5) apartments; or
(6) any other dwelling;
inhabited by a township assistance recipient. However, after December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, an administrator may employ the services of a housing inspector under this subsection only if authorized by the county plan.
(b)
(1) for housing inspection services; and
(2) to train a township housing inspector.
However, after December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, an administrator may contract with a local housing authority under this subsection only if authorized by the county plan. Costs of these contractual services shall be paid from the township assistance fund.
(c) A
(1) Standards recommended by the United States Department of Housing and Urban Development as used by local housing authorities.
(2) Local building codes and municipal ordinances.
(d) Substandard housing that does not meet minimum standards of health, safety, and construction is not eligible for:
(1) the maximum level of shelter payments; or
(2) damage or security deposits paid from or encumbered by township funds.
(e) If the
(f) After December 31, 2014, this subsection does not apply to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies unless this subsection is incorporated into the county plan.
(1) The agreement's duration, not to exceed one hundred eighty (180) days.
(2) A statement that the agreement may be renewed if both parties agree.
(3) The total value of the encumbered money, not to exceed the value of one (1) month's rental payment.
(4) A statement signed by both the trustee and the property owner attesting to the condition of the property at the time the agreement is made.
(5) A statement that encumbered money may be used to pay the cost of:
(A) verified damages, normal wear excluded, caused by the tenant township assistance recipient during the duration of the agreement; and
(B) any unpaid rental payments for which the tenant township assistance recipient is obligated.
(6) A statement that the total amount to be paid from the encumbered money may not exceed one (1) month's rental payment for the unit in question.
(g) After December 31, 2014, this subsection does not apply to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies
unless this subsection is incorporated into the county plan. A trustee
An administrator is not required to provide shelter assistance to an
otherwise eligible individual if the:
(1) individual's most recent residence was provided by the
individual's parent, guardian, or foster parent; and
(2) individual, without just cause, leaves that residence for the
shelter for which the individual seeks assistance.
(1) applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county; and
(2) does not apply to any other county.
(1) establish one (1) or more household shelter units; and
(2) pay a pro rata share of all administrative and other costs incidental to the maintenance and operation of each shelter unit established in subdivision (1).
IC 36-1-7-1 through IC 36-1-7-4 apply to a township electing to combine its resources with other townships under this subsection.
(1) under the influence of drugs or alcohol; or
(2) incapable of self-care.
The
refer an individual described in this subsection to an appropriate
agency or facility located in the county or in an adjoining county that
has a program or charter specifically addressing the problems of
substance abuse, mental illness, or self-care.
(g) (h) A township trustee An administrator may contract with a
private agency offering a shelter program in order to comply with this
section if the applicant or the applicant's household is not mandated by
the private agency to participate, as a condition of eligibility, in
religious services.
(h) (i) A township trustee An administrator is not obligated to:
(1) enter into a contract with; or
(2) pay shelter costs to;
a shelter that is supported by federal or state funds.
(b) As used in this section, "shelter" means a facility that provides temporary emergency assistance.
(c) An administrator may establish, purchase, acquire, maintain, or operate a shelter for eligible township assistance households needing temporary housing assistance, if authorized by the county plan and, in a county to which IC 36-6-6.2 applies, approved by the county executive.
(d) This subsection applies only to a county to which IC 36-6-6.2 applies. In a county where the implementation of this section can be more efficiently and expeditiously handled in units larger than a single township, an administrator may combine resources with other townships within a county to establish one (1) or more household shelter units, if authorized by the county plan.
(e) An administrator is not required to provide assistance to an individual who at the time assistance is requested is:
(1) under the influence of drugs or alcohol; or
(2) incapable of self-care.
The administrator may, if authorized by the county plan, refer an individual described in this subsection to an appropriate agency or facility located in the county or in an adjoining county that has a program or charter specifically addressing the problems of substance abuse, mental illness, or self-care.
(f) An administrator may, if authorized by the county plan, contract with a private agency offering a shelter program in order
to comply with this section if the applicant or the applicant's
household is not mandated by the private agency to participate, as
a condition of eligibility, in religious services.
(g) An administrator is not obligated to:
(1) enter into a contract with; or
(2) pay shelter costs to;
a shelter that is supported by federal or state funds.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. If an individual who is determined to be eligible for township assistance and entitled to temporary relief is in the jurisdiction of the administrator in which the individual does not have legal residence, the administrator, may, if:
(1) the administrator considers the temporary placement advisable;
(2) the temporary placement is provided for in the county plan; and
(3) the temporary placement is approved by the county board, if the county is a county to which IC 36-6-6.2 applies;
place the individual temporarily in the county home, if any, where the individual, if capable, is to be employed.
(b) This subsection applies after December 31, 2014. This
subsection applies only to a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies. If permitted by the county plan,
an administrator may cooperate with the state and federal
governments in the furnishing of township assistance so that the
township assistance is furnished adequately and economically.
(b) (c) A township trustee as An administrator of township
assistance, shall provide facilities for relief headquarters and storage
and transportation of commodities for township assistance purposes as
are demanded, but such cooperation shall be confined to that
reasonably required under the purposes of this article.
(b) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, an administrator may, if permitted by the county plan, participate in surplus agricultural commodities distributions provided by the United States Department of Agriculture to the state.
(1) may establish the
(2) shall participate jointly with at least one (1) other
(d) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. If permitted by the county plan, an administrator may establish the administrator's own distribution plan. If a distribution plan is not established by the administrator in a county to which IC 36-6-6.2 applies, the administrator shall participate jointly in a distribution plan with at least one (1) other administrator within the county.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. If permitted by the county plan, an administrator may participate in and cooperate in the establishment and use of federal surplus commodities food, cotton, or other stamp plans created by a governmental agency of the United States in the purchase of food, clothing, or other township assistance supplies.
(1) Establish a single stamp issuing agency.
(2) Appoint and designate an issuing agent to issue stamps to recipients entitled to participate in the programs.
(3) Pay each township's pro rata share of all administrative and other costs incident to the maintenance and operation of the issuing office.
(d) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. If an administrator's cooperation and participation in federal surplus commodities or stamp plans can be more efficiently and expeditiously administered for a unit larger than a single township, the county plan may provide that the county:
(1) establish a single stamp issuing agency;
(2) appoint and designate an issuing agent to issue stamps to
recipients entitled to participate in the programs; and
(3) pay all administrative and other costs incident to the
maintenance and operation of the issuing office.
(1)
(2) after December 31, 2014, in the case of a county to which IC 36-6-6.2 applies, the board;
must take an oath for the faithful performance of the duties of the issuing officer's office.
(b) The issuing officer must furnish a bond:
(1) payable to the state; and
(2) conditioned upon the faithful performance of the issuing officer's duties and accurate accounting of all money in the issuing officer's possession.
(c) The bond required by subsection (b) must be in a penal sum of not less than the total amount of the revolving money coming into the issuing officer's possession from all
(d) The cost of the bond required by subsection (b) shall be paid by county warrant and charged by the county auditor pro rata against:
(1) the township assistance accounts of the townships participating in the establishment of the revolving or other fund; or
(2) after December 31, 2014, the township assistance account of the county, in the case of a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies;
for the purposes set forth in this chapter.
not apply to the county. After December 31, 2014, this subsection
does not apply to any other county. The trustees administrators
participating in or cooperating with programs under this chapter may
issue to eligible recipients orders or stamps for food, clothing, or other
items covered under the federal plan.
(b) After December 31, 2014, in a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies, the administrators participating
in or cooperating with programs under this chapter may issue to
eligible recipients orders or stamps for food, clothing, or other
items covered under the federal plan and in accordance with the
county plan.
(b) (c) An order issued under this section must set forth the
quantities and prices of each item ordered and the total amount of the
order or stamps.
(c) (d) A recipient who receives an order or stamps under this
section may present the order or stamps to the issuing officer and is
entitled to have issued to the recipient food, cotton, or other vouchers
for use in the purchase of township assistance supplies.
(1) itemized and sworn to as provided by law;
(2) accompanied by the original township assistance order, which must be itemized and signed; and
(3) checked with the records of the
(b) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. If an administrator grants township assistance to an indigent individual or to any other person or agency on a township assistance order as provided by law or creates an obligation for an item properly payable from the township assistance fund under IC 12-20-21-6, the claim must be:
(1) itemized and sworn to as provided by law;
(2) accompanied by the original township assistance order, which must be itemized and signed;
(3) checked with the records of the administrator and submitted to the county auditor; and
(4) audited and certified by the county auditor.
(1) any balance standing to the credit of the township against which the claim is filed; or
(2) from any other available fund from which advancements can be made to the township for that purpose.
(d) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. The county auditor shall pay claims for township assistance in the same manner that other claims against the county are paid. A claim paid directly to a vendor shall be paid within forty-five (45) days. The county auditor shall pay claims from the township assistance fund under IC 12-20-21-6.
(b) This subsection does not apply to a county having a consolidated city. If the township board does not appeal to borrow money under IC 12-20-24 or if an appeal fails, the board of commissioners may borrow money or otherwise provide the money . If the county commissioners determine to borrow the money or otherwise provide the money, the county fiscal body shall promptly pass necessary ordinances and make the necessary appropriations to enable this to be done, after determining whether to borrow money by any of the following:
(1) A temporary loan against taxes levied and in the process of collection.
(2) The sale of county township assistance bonds or other county obligations.
(3) Any other lawful method of obtaining money for the payment of township assistance claims.
This subsection expires January 1, 2015.
(c) After December 31, 2014, the board of commissioners may borrow money or otherwise provide the money for the payment of township assistance claims under section 1 of this chapter. If the board of commissioners decides to borrow the money or otherwise provide the money, the county fiscal body shall promptly pass necessary ordinances and make the necessary appropriations to enable the board of commissioners to borrow or otherwise provide the money, after deciding whether to borrow money by any of the following:
(1) A temporary loan against taxes levied and in the process of collection.
(2) The sale of county township assistance bonds or other county obligations.
(3) Any other lawful method of obtaining money for the payment of township assistance claims.
(1) A temporary loan against taxes levied and in the process of collection.
(2) The sale of county township assistance bonds or other county obligations.
(3) Any other lawful method of obtaining money for the payment of township assistance claims.
This subsection expires January 1, 2015.
(e) After December 31, 2014, if the county fiscal body does not appeal to borrow money under IC 12-20-24.5 or the appeal fails, the board of commissioners shall borrow money or otherwise provide the money for the payment of township assistance claims under section 1 of this chapter. The county fiscal body shall promptly pass necessary ordinances and make the necessary
appropriations to enable this to be done, after determining whether
to borrow money by any of the following methods:
(1) A temporary loan against taxes levied and in the process
of collection.
(2) The sale of county township assistance bonds or other
county obligations.
(3) Any other lawful method of obtaining money for the
payment of township assistance claims.
(b) Township assistance money raised by townships may not be commingled.
(b) The county shall establish a township assistance fund not later than January 1, 2015.
(c) The fund shall be raised by a tax levy that:
(1) is in addition to all other tax levies authorized; and
(2) shall be levied annually for property taxes first due and payable in 2015 and thereafter by the county fiscal body on all taxable property in the county in the amount necessary to pay the items, awards, claims, allowances, assistance, and other expenses set forth in the annual county township assistance budget.
(d) The tax imposed under this section shall be collected as other state and county ad valorem taxes are collected.
(e) The following shall be paid into the fund:
(1) All receipts from the tax imposed under this section.
(2) Any other money required by law to be placed in the fund.
(f) The fund is available to pay expenses and obligations set forth in the annual budget.
(g) Money in the fund at the end of a budget year does not revert to the county general fund.
(h) The department of local government finance shall, for property taxes first due and payable after December 31, 2014, adjust the maximum permissible ad valorem property tax levy of each county and the maximum permissible ad valorem property tax levy of each township located in a county as necessary and proper to account for the transfer of township assistance budgeting and property tax levies from townships to counties after December 31, 2014.
(1) applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county; and
(2) does not apply to any other county.
(b) After December 31, 2014, this chapter does not apply to any other county.
Chapter 24.5. Township Assistance Borrowing for Certain Counties
Sec. 1. This chapter applies after December 31, 2014. This chapter applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies.
Sec. 2. (a) In addition to the other methods of township assistance financing provided by this article, if the county executive determines that the county's township assistance fund will be exhausted before the end of a fiscal year, the county executive shall notify the county fiscal body of that determination.
(b) After receiving notice under subsection (a) that the county's township assistance fund will be exhausted before the end of a fiscal year, the county fiscal body may appeal to the department of local government finance for the right to borrow money on a short term basis to fund township assistance services in the county. In the appeal, the county fiscal body must do the following:
(1) Show that the amount of money contained in the township assistance fund will not be sufficient to fund services required to be provided within the county by this article.
(2) Show the amount of money that the county fiscal body estimates will be needed to fund the deficit.
(3) Indicate a period, not to exceed five (5) years, during which the county would repay the loan.
Sec. 3. (a) If upon appeal under section 2 of this chapter the department of local government finance determines that a county fiscal body should be allowed to borrow money under this chapter, the department shall order the county executive to borrow the money from a financial institution on behalf of the county fiscal body and to deposit the money borrowed in the county's township assistance fund.
(b) If upon appeal under section 2 of this chapter the department of local government finance determines that a county fiscal body should not be allowed to borrow money, the county fiscal body may not borrow money under this chapter for that year.
Sec. 4. If a loan is approved under this chapter, the department of local government finance shall determine the period during which the county shall repay the loan. However, the period may not exceed five (5) years.
Sec. 5. The department of local government finance may not do any of the following:
(1) Approve a request to borrow money made under this chapter unless the county fiscal body determines that the county's township assistance fund will be exhausted before the fund can pay all township obligations incurred under this article.
(2) Recommend or approve a loan that will exceed the estimated amount of the deficit.
Sec. 6. (a) If a county fiscal body:
(1) appeals before August 1 for permission to borrow money;
(2) receives permission from the department to borrow money before November 1 of that year; and
(3) borrows money under this chapter;
the county fiscal body shall levy a property tax beginning in the next succeeding year and continuing for the term of the loan in an amount each year that will be sufficient to pay the principal and interest due on the loan for the year.
(b) If the county fiscal body:
(1) appeals after August 1 for permission to borrow money;
(2) receives permission from the department of local government finance to borrow money; and
(3) borrows money in the year of the appeal under this chapter;
the county fiscal body shall levy a property tax beginning in the second succeeding year and continuing for the term of the loan in an amount each year that will be sufficient to pay the principal and interest due on the loan for the year.
(c) The property taxes levied under this section shall be retained by the county executive and applied by the county executive to retire the debt.
Sec. 7. A county fiscal body must make an additional appropriation before money borrowed under this chapter may be spent.
(b) This chapter expires January 1, 2015.
IC 36-6-6.6 does not apply to the county. After December 31, 2014,
this subsection does not apply to any other county.
(b) In a county in which a tax has been levied and raised for the
payment of notes and interest on the notes issued by the board of
commissioners for the purpose of paying township assistance claims
against a township, the county auditor shall transfer the balance of
money that remains after paying all notes and interest to the county
general fund to the credit of the township assistance fund of the
township in which the money was raised.
(1) dies, leaving an estate; and
(2) is not survived by:
(A) a spouse;
(B) an adult dependent with a disability; or
(C) a dependent child less than eighteen (18) years of age;
for the value of township assistance given the recipient before the recipient's death.
(b) After December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, an administrator may file a claim against the estate of a township assistance recipient under this section only if authorized by the county plan.
(1) beginning when
(2) ending when the township assistance applicant or member of the applicant's household receives the judgment, compensation, or monetary benefit or leaves the household.
(b) Subject to IC 12-20-11-5(b), if
assistance applicant or a member of the applicant's household is likely
to receive a judgment, compensation, or a monetary benefit from a
third party, the township trustee administrator may require the
applicant or the affected member of the applicant's household to:
(1) enter into a subrogation agreement; or
(2) sign a Social Security Administration's reimbursement
authorization;
for the repayment of any township assistance benefits provided by the
township or (after December 31, 2014, in the case of a county to
which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the county
during the interim period. A subrogation agreement authorized under
subdivision (1) may only require repayment of interim benefits
provided to the applicant or to the applicant's dependents who were
members of the household to which township assistance benefits were
paid.
(1) number of times assistance is provided; or
(2) number of households in which the individual resides during
a particular year.
(e) (f) As used in this section, "total number of requests for
assistance" means the number of times an individual or a household
separately requests any type of township assistance.
(f) (g) The township trustee administrator shall file an annual
statistical report on township housing, medical care, utility assistance,
food assistance, burial assistance, food pantry assistance, services
related to representative payee programs, services related to special
nontraditional programs, and case management services with the state
board of accounts. The township trustee administrator shall provide
a copy of the annual statistical report to the county auditor. The county
auditor shall keep the copy of the report in the county auditor's office.
Except as provided in subsection (k), (l), the report must be made on
a form provided by the state board of accounts. The report must contain
the following information:
(1) The total number of requests for assistance.
(2) The total number of each of the following:
(A) Recipients of township assistance.
(B) Households containing recipients of township assistance.
(C) Case contacts made with or on behalf of:
(i) recipients of township assistance; or
(ii) members of a household receiving township assistance.
(3) The total value of benefits provided to recipients of township
assistance.
(4) The total value of benefits provided through the efforts of
township staff from sources other than township funds.
(5) The total number of each of the following:
(A) Recipients of township assistance and households
receiving utility assistance.
(B) Recipients assisted by township staff in receiving utility
assistance from sources other than township funds.
(6) The total value of benefits provided for the payment of
utilities, including the value of benefits of utility assistance
provided through the efforts of township staff from sources other
than township funds.
(7) The total number of each of the following:
(A) Recipients of township assistance and households
receiving housing assistance.
(B) Recipients assisted by township staff in receiving housing
assistance from sources other than township funds.
(8) The total value of benefits provided for housing assistance,
including the value of benefits of housing assistance provided
through the efforts of township staff from sources other than
township funds.
(9) The total number of each of the following:
(A) Recipients of township assistance and households
receiving food assistance.
(B) Recipients assisted by township staff in receiving food
assistance from sources other than township funds.
(10) The total value of food assistance provided, including the
value of food assistance provided through the efforts of township
staff from sources other than township funds.
(11) The total number of each of the following:
(A) Recipients of township assistance and households
provided health care.
(B) Recipients assisted by township staff in receiving health
care assistance from sources other than township funds.
(12) The total value of health care provided, including the value
of health care assistance provided through the efforts of township
staff from sources other than township funds.
(13) The total number of funerals, burials, and cremations.
(14) The total value of funerals, burials, and cremations, including
the difference between the:
(A) actual value of the funerals, burials, and cremations; and
(B) amount paid by the township for the funerals, burials, and
cremations.
(15) The total of each of the following:
(A) Number of nights of emergency shelter provided to the
homeless.
(B) Number of nights of emergency shelter provided to
homeless individuals through the efforts of township staff from
sources other than township funds.
(C) Value of the nights of emergency shelter provided to
homeless individuals by the township and the value of the
nights of emergency shelter provided through the efforts of the
township staff from sources other than township funds.
(16) The total of each of the following:
(A) Number of referrals of township assistance applicants to
other programs.
(B) Value of the services provided by the township in making
referrals to other programs.
(17) The total number of training programs or job placements
found for recipients of township assistance with the assistance of
the township trustee. administrator.
(18) The number of hours spent by recipients of township assistance at workfare.
(19) The total value of the services provided by workfare to the township and other agencies.
(20) The total amount of reimbursement for assistance received from:
(A) recipients;
(B) members of recipients' households; or
(C) recipients' estates;
under IC 12-20-6-10, IC 12-20-27-1, or IC 12-20-27-1.5.
(21) The total amount of reimbursement for assistance received from medical programs under
(22) The total of each of the following:
(A) Number of individuals assisted through a representative payee program.
(B) Amount of funds processed through the representative payee program that are not township funds.
(23) The total of each of the following:
(A) Number of individuals assisted through special nontraditional programs provided through the township without the expenditure of township funds.
(B) Amount of funds used to provide the special nontraditional programs that are not township funds.
(24) The total of each of the following:
(A) Number of hours an investigator of township assistance spends providing case management services to a recipient of township assistance or a member of a household receiving township assistance.
(B) Value of the case management services provided.
(25) The total number of housing inspections performed by the township.
If the total number or value of any item required to be reported under this subsection is zero (0), the
year, the state board of accounts shall file the statewide statistical
report prepared under this subsection with the executive director of the
legislative services agency in an electronic format under IC 5-14-6.
(h) (i) The state board of accounts shall forward a copy of:
(1) each annual report forwarded to the board under subsection
(f); (g); and
(2) the statewide statistical report under subsection (g); (h);
to the department and the division of family resources.
(i) (j) The division of family resources shall include in the division's
periodic reports made to the United States Department of Health and
Human Services concerning the Temporary Assistance for Needy
Families (TANF) and Supplemental Security Income (SSI) programs
information forwarded to the division under subsection (h) (i)
concerning the total number of recipients of township assistance and
the total dollar amount of benefits provided.
(j) (k) The department may not approve the budget of a township
trustee who if the administrator fails to file an annual report under
subsection (f) (g) in the preceding calendar year.
(k) (l) This section does not prevent the electronic transfer of data
required to be reported under IC 12-2-1-40 (before its repeal) or this
section if the following conditions are met:
(1) The method of reporting is acceptable to both the township
trustee administrator reporting the information and the
governmental entity to which the information is reported.
(2) A written copy of information reported by electronic transfer
is on file with the township trustee administrator reporting
information by electronic means.
(l) (m) The information required to be reported by the township
trustee administrator under this section shall be maintained by the
township trustee administrator in accordance with IC 5-15-6.
(b) The definitions in section 3 of this chapter apply to a report that is required to be filed under this section.
(c) This subsection applies only to a county to which IC 36-6-6.2 applies. The board shall file an annual statistical report on county housing, medical care, utility assistance, food assistance, burial assistance, food pantry assistance, services related to representative payee programs, services related to special
nontraditional programs, and case management services with the
state board of accounts. The administrator of each township in the
county shall complete the report for the administrator's township.
The board shall compile all data received from each township into
a countywide statistical report. The board shall provide a copy of
the annual statistical report to the county auditor. The county
auditor shall keep the copy of the report in the county auditor's
office.
(d) This subsection applies only to a county to which IC 36-6-6.4
or IC 36-6-6.6 applies. The administrator shall file an annual
statistical report on county housing, medical care, utility
assistance, food assistance, burial assistance, food pantry
assistance, services related to representative payee programs,
services related to special nontraditional programs, and case
management services with the state board of accounts. The
administrator shall compile all data into a countywide statistical
report. The administrator shall provide a copy of the annual
statistical report to the county auditor. The county auditor shall
keep the copy of the report in the county auditor's office.
(e) Except as provided in subsection (j), the report must be made
on a form provided by the state board of accounts. The report must
contain the following information:
(1) The total number of requests for assistance.
(2) The total number of each of the following:
(A) Recipients of township assistance.
(B) Households containing township assistance recipients.
(C) Case contacts made with or on behalf of:
(i) recipients of township assistance; or
(ii) members of a household receiving township
assistance.
(3) The total value of benefits provided to recipients of
township assistance.
(4) The total value of benefits provided through the efforts of
the county from sources other than county funds.
(5) The total number of each of the following:
(A) Recipients of township assistance and households
receiving utility assistance.
(B) Recipients assisted by the administrator's staff in
receiving utility assistance from sources other than county
funds.
(6) The total value of benefits provided for the payment of
utilities, including the value of benefits of utility assistance
provided through the efforts of the county from sources other
than county funds.
(7) The total number of each of the following:
(A) Recipients of township assistance and households
receiving housing assistance.
(B) Recipients assisted by the county in receiving housing
assistance from sources other than county funds.
(8) The total value of benefits provided for housing assistance,
including the value of benefits of housing assistance provided
through the efforts of the county, from sources other than
county funds.
(9) The total number of each of the following:
(A) Recipients of township assistance and households
receiving food assistance.
(B) Recipients assisted by the county in receiving food
assistance from sources other than county funds.
(10) The total value of food assistance provided, including the
value of food assistance provided through the efforts of the
county from sources other than county funds.
(11) The total number of each of the following:
(A) Recipients of township assistance and households
provided health care.
(B) Recipients assisted by the county in receiving health
care assistance from sources other than county funds.
(12) The total value of health care provided, including the
value of health care assistance provided through the efforts of
the county from sources other than county funds.
(13) The total number of funerals, burials, and cremations.
(14) The total value of funerals, burials, and cremations,
including the difference between the actual value of the
funerals, burials, and cremations and the amount paid by the
township for the funerals, burials, and cremations.
(15) The total of each of the following:
(A) Number of nights of emergency shelter provided to the
homeless.
(B) Number of nights of emergency shelter provided to
homeless individuals through the efforts of the county from
sources other than county funds.
(C) Value of the nights of emergency shelter provided to
homeless individuals by the county and the value of the
nights of emergency shelter provided through the efforts
of the county from sources other than county funds.
(16) The total of each of the following:
(A) Number of referrals of township assistance applicants
to other programs.
(B) Value of the services provided by the county in making
referrals to other programs.
(17) The total number of training programs or job placements
found for recipients of township assistance with the assistance
of the administrator.
(18) The number of hours spent by recipients of township
assistance at workfare.
(19) The total value of the services provided by workfare to
the county and other agencies.
(20) The total amount of reimbursement for assistance
received from:
(A) recipients;
(B) members of recipients' households; or
(C) recipients' estates;
under IC 12-20-6-10, IC 12-20-27-1, or IC 12-20-27-1.5.
(21) The total amount of reimbursement for assistance
received from medical programs under IC 12-20-16-2(h).
(22) The total of each of the following:
(A) Number of individuals assisted through a
representative payee program.
(B) Amount of funds processed through the representative
payee program that are not county funds.
(23) The total of each of the following:
(A) Number of individuals assisted through special
nontraditional programs provided through the township or
the county without the expenditure of county funds.
(B) Amount of funds used to provide the special
nontraditional programs that are not county funds.
(24) The total of each of the following:
(A) Number of hours an investigator of township assistance
spends providing case management services to a recipient
of township assistance or a member of a household
receiving township assistance.
(B) Value of the case management services provided.
(25) The total number of housing inspections performed by
the county.
If the total number or value of any item required to be reported
under this subsection is zero (0), the board shall include the
notation "0" in the report where the total number or value is
required to be reported.
(f) The state board of accounts shall compile all data reported
under subsection (c) into a statewide statistical report. The
department of local government finance shall summarize the data
compiled by the state board of accounts that relates to the fixing of
county budgets, levies, and tax rates and shall include the
department's summary within the statewide statistical report
prepared under this subsection. Before July 1 of each year, the
state board of accounts shall file the statewide statistical report
prepared under this subsection with the executive director of the
legislative services agency in an electronic format under IC 5-14-6.
(g) The state board of accounts shall forward a copy of:
(1) each annual report prepared under subsection (c) or (d);
and
(2) the statewide statistical report prepared under subsection
(f);
to the department and the division of family resources.
(h) The division of family resources shall include in the
division's periodic reports made to the United States Department
of Health and Human Services concerning the Temporary
Assistance for Needy Families (TANF) and Supplemental Security
Income (SSI) programs information forwarded to the division
under subsection (g) concerning the total number of recipients of
township assistance and the total dollar amount of benefits
provided.
(i) The department of local government finance may not
approve the budget of a county that failed to file an annual report
under subsection (c) or (d) in the preceding calendar year.
(j) This section does not prevent the electronic transfer of data
required to be reported under IC 12-2-1-40 (before its repeal) or
this section if the following conditions are met:
(1) The method of reporting is acceptable to both:
(A) the board, reporting the information in the case of a
county to which IC 36-6-6.2 applies or the administrator,
in the case of a county to which IC 36-6-6.4 or IC 36-6-6.6
applies; and
(B) the governmental entity to which the information is
reported.
(2) A written copy of information reported by electronic
transfer is on file with:
(A) the board, in the case of a county to which IC 36-6-6.2
applies; or
(B) the administrator, in the case of a county to which
IC 36-6-6.4 or IC 36-6-6.6 applies;
reporting information by electronic means.
(k) This subsection applies after December 31, 2014. This
subsection applies only to a county to which IC 36-6-6.2 applies.
The information required to be reported by the board under this
section shall be maintained by the board in accordance with
IC 5-15-6.
(l) This subsection applies after December 31, 2014. This
subsection applies only to a county to which IC 36-6-6.4 or
IC 36-6-6.6 applies. The information required to be reported by the
administrator under this section shall be maintained by the
administrator in accordance with IC 5-15-6.
(b) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. The administrator shall periodically provide for the admission to the county home of indigent individuals who have become permanent charges on the county as authorized in the county plan.
(d) This subsection applies after December 31, 2014. This
subsection applies only to a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies. Whenever an individual who is
determined to be eligible for township assistance and is entitled to
temporary relief is in the administrator's jurisdiction in which the
individual does not have legal settlement, the administrator may,
if authorized by the county plan, place the individual temporarily
in the county home.
(1) county council shall appropriate; and
(2)
to the
(b) This subsection applies after December 31, 2014. This subsection applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. The:
(1) county council shall appropriate for; and
(2) board of commissioners in each county shall advance to;
the county board of trustees, in the case of a county to which IC 36-6-6.2 applies or the administrator, in the case of a county to which IC 36-6-6.4 or IC 36-6-6.6 applies, the money necessary for the relief and burial of the indigent in each township.
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000). The amount charged the township per individual
may not exceed forty-eight dollars ($48) per month or twelve dollars
($12) per week.
(c) Each township shall levy a tax sufficient to meet those expenses.
(d) Payment and settlement shall be made in July and December of
each year for the preceding year.
(1) the county council, for a county not having a consolidated city;
(2) the city-county council of a consolidated city and county;
(3) the common council of a city;
(4) the town council of a town;
(5)
(A) the township board, before January 1, 2015; and
(B) the county fiscal body, after December 31, 2014; or
(6) the board of directors of a conservancy district.
(b) Reimbursement is available under this chapter and IC 36-8-12.2 for expenses that are incurred in taking emergency action by a fire department that:
(1) is established under IC 36-8-2-3,
(2) employs:
(A) both full-time paid members and volunteer members; or
(B) only full-time paid members.
(1) a county in which a hazardous materials emergency arose; or
(2) the county in which the unit that established the fire department is located, if the emergency response agency is a fire department that:
(A) is established by a unit under IC 36-8-2-3,
(B) employs:
(i) both full-time paid members and volunteer members; or
(ii) only full-time paid members.
(1) After December 31, 2014, this subdivision applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county. After December 31, 2014, this subsection does not apply to any other county. One (1) township trustee of the county.
(2) After December 31, 2014, this subdivision applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. The county executive or county executive's designee.
(b) Each board member shall be appointed for a term of four (4) years. All vacancies in the membership of the board shall be filled for the unexpired term in the same manner as initial appointments.
(c) The board shall elect a chairperson and a secretary. The members of the board are not entitled to receive any compensation, but are entitled to any traveling and other expenses that are necessary in the discharge of the members' duties.
(1) the township fund; or
(2) after December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, the appropriate county fund.
(1) has reason to believe that detrimental plants may be on real estate; and
(2) gives the owner or person in possession of the real estate forty-eight (48) hours notice under subsection (e);
the township trustee or county executive may enter the real estate to investigate whether there are detrimental plants on the real estate.
(b) Except as provided in subsection (d), if the township trustee or (after December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the county executive determines by:
(1) investigating real estate located in the trustee's township or county executive's county; or
(2) visual inspection without entering real estate located in the trustee's township or county executive's county;
that a person has detrimental plants growing on real estate, the trustee or county executive shall give written notice under subsection (e) to the owner or person in possession of the real estate to destroy the detrimental plants. The owner or person in possession of the real estate shall destroy the plants in a manner provided in section 3 of this chapter not more than five (5) days after the notice is received under subsection (f).
(c) If the detrimental plants are not destroyed as provided in subsection (b), the trustee or (after December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the county executive shall cause the detrimental plants to be destroyed in a manner most practical to the trustee or county executive not more than eight (8) days after notice is received by the owner or person in possession of the real estate under subsection (f). The trustee or county executive may hire a person to destroy the detrimental plants. The trustee or county executive or the person employed to destroy the detrimental plants may enter upon the real estate where the detrimental plants are growing to destroy the detrimental plants and are not civilly or criminally liable for damage to crops, livestock, or other property
occurring while carrying out the work, except for gross negligence or
willful or wanton destruction.
(d) If the county has established a county weed control board under
IC 15-16-7, the township trustee or (after December 31, 2014, in a
county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the
county executive may notify the county weed control board of the real
estate containing detrimental plants, and the board shall either assume
jurisdiction to control the detrimental plants or decline jurisdiction and
refer the matter back to the township trustee or county executive. The
county weed control board shall notify the township trustee or county
executive of the board's decision.
(e) Notice required in subsection (a) or (b) may be given by:
(1) certified mail; or
(2) personal service.
(f) Notice under subsection (e) is considered received by the owner
or person in possession of the real estate:
(1) if sent by mail, on the earlier of:
(A) the date of signature of receipt of the mailing; or
(B) three (3) business days after the date of mailing; or
(2) if served personally, on the date of delivery.
(1) Chemicals.
(2) Work.
(3) Labor, at a rate per hour to be fixed by the township trustee or county executive commensurate with local hourly wages.
(b) If the trustee or (after December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the county executive believes the infestation of the real estate with detrimental plants is so great and widespread that cutting or eradication by hand methods is impractical, the trustee or county executive shall use the necessary power machinery or equipment. The trustee or county executive may pay for the work at a rate per hour fixed by the township trustee or county executive commensurate with the local hourly rate.
(c) When the work has been performed, the person doing the work shall file an itemized bill for the work in the office of the township trustee or (after December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the county
executive. When the bill has been approved, the trustee shall pay the
bill out of the township fund or (after December 31, 2014, in a
county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the
appropriate county fund. If there is no money available in the
township fund for that purpose, the township board, upon finding an
emergency exists, shall act under IC 36-6-6-14(b) or IC 36-6-6-15 to
borrow money sufficient to meet the emergency. After December 31,
2014, the county fiscal body shall act in the case of a county to
which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies.
(d) The trustee, when submitting estimates to the township board
An estimate, when submitted to the township board or (after
December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4,
or IC 36-6-6.6 applies) the county fiscal body for action, shall must
include in the estimates an item sufficient to cover those expenditures.
(1) A certification of the following costs:
(A) The cost or expense of the work.
(B) The cost of the chemicals.
(C) Twenty dollars ($20) per day for each day that the trustee or the trustee's agent or (after December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the county executive or the county executive's agent supervises the performance of the services required under this chapter as compensation for services.
(2) A description of the real estate on which the labor was performed.
(3) A request that the owner or person in possession of the real estate pay the costs under subdivision (1) to the township trustee or county executive.
(b) The certified statement prepared under subsection (a) shall be provided:
(1) to the owner or person possessing the real estate by:
(A) mail, using a certificate of mailing; or
(B) personal service; or
(2) by mailing the certified statement to the auditor of state for any real estate owned by the state or to the fiscal officer of another municipality (as defined in IC 5-11-1-16) for real estate
owned by the municipality.
(b) The auditor shall place the amount claimed in the certified statement on the tax duplicate of the real estate. Except as provided in section 8 of this chapter, the amount claimed shall be collected as taxes are collected.
(c) After an amount described in subsection (b) is collected, the funds shall be deposited in:
(1) the trustee's township funds for use at the discretion of the trustee; or
(2) after December 31, 2014, in the case of a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, the appropriate county fund.
(1) immediately place the amounts on the certified statement on the tax duplicate of the county; and
(2) collect the amounts at the next tax paying time for the proper township or townships, or (after December 31, 2014) the county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, the same as other state, county, or township taxes are collected, including penalties, forfeitures, and sales.
After the amounts are collected, the amounts shall be paid to the proper trustee and placed in the township fund or (after December 31, 2014, in the case of a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) placed in the appropriate county fund.
not apply to the county. After December 31, 2014, this subsection
does not apply to any other county. When the annual township
budget is prepared, a sufficient amount shall be appropriated to enable
the township officials to comply with this chapter.
(b) After December 31, 2014, this subsection applies only to a
county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies.
When the annual county budget is prepared for 2015 and each year
thereafter, a sufficient amount shall be appropriated to enable the
county official to comply with this chapter.
(b) All law enforcement agencies having jurisdiction in a township or (after December 31, 2014) a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, shall assist the township trustee or the county executive in carrying out the duties imposed on the trustee or the county executive under this chapter.
(1) knowingly allows detrimental plants to grow and mature on land owned or possessed by the person;
(2) knowing of the existence of detrimental plants on land owned or possessed by the person, fails to cut them down or eradicate the plants by chemicals each year, as prescribed in this chapter;
(3) having charge of or control over any highway:
(A) knowingly allows detrimental plants to grow or mature on the right-of-way of the highway; or
(B) knowing of the existence of the detrimental plants, fails to cut the plants down or eradicate the plants by using chemicals, as prescribed in this chapter;
(4) having charge of or control over the right-of-way of a railroad or interurban company:
(A) knowingly allows detrimental plants to grow and mature on the right-of-way; or
(B) knowing of the existence of the detrimental plants, fails to cut the plants down or eradicate the plants by using chemicals, as prescribed in this chapter; or
(5) knowingly sells Canada thistle (cirsium arvense) seed;
commits a Class C infraction. Each day this section is violated constitutes a separate infraction.
(b) All judgments collected under this section shall be:
(1) paid to the trustee and placed in the trustee's township funds for use at the discretion of the trustee; or
(2) after December 31, 2014, placed in the appropriate county fund, in the case of property located in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies.
(b) The governing body of a city, town, township, or county by the governing body's action or in any combination may do the following:
(1) Establish, operate, and maintain emergency medical services.
(2) Levy taxes under and limited by IC 6-3.5 and expend appropriated funds of the political subdivision to pay the costs and expenses of establishing, operating, maintaining, or contracting for emergency medical services.
(3) Except as provided in section 2 of this chapter, authorize, franchise, or contract for emergency medical services. However:
(A) a county may not provide, authorize, or contract for emergency medical services within the limits of any city without the consent of the city; and
(B) a city or town may not provide, authorize, franchise, or contract for emergency medical services outside the limits of the city or town without the approval of the governing body of the area to be served.
(4) Apply for, receive, and accept gifts, bequests, grants-in-aid, state, federal, and local aid, and other forms of financial assistance for the support of emergency medical services.
(5) Establish and provide for the collection of reasonable fees for emergency ambulance services the governing body provides under this chapter.
(6) Pay the fees or dues for individual or group membership in any regularly organized volunteer emergency medical services association on their own behalf or on behalf of the emergency medical services personnel serving that unit of government.
[EFFECTIVE JULY 1, 2012]: Sec. 7. (a) As used in this section,
"administrator" means the township trustee. This subsection
expires January 1, 2015.
(b) After December 31, 2014, "administrator" means:
(1) the township trustee, as the administrator of township
assistance in the case of:
(A) a county having a consolidated city, if IC 36-6-6.6 does
not apply to the county; or
(B) a county to which IC 36-6-6.2 applies; or
(2) the county executive or county executive's designee as the
administrator of township assistance, in the case of a county
to which IC 36-6-6.4 or IC 36-6-6.6 applies.
(c) As used in this section, "plan" has the meaning set forth in
IC 12-20-1.5-3.
(a) (d) Except as provided in subsection (b), (e), all costs that are
incurred in furnishing biologicals under this chapter,
IC 12-20-16-2(c)(13), IC 12-20-16-2(e)(13), or IC 12-20-16-14 shall
be paid by as follows:
(1) By the appropriate county, city, or town against which the
application form is issued from general funds and not otherwise
appropriated without appropriations.
(2) After December 31, 2014, this subdivision applies to a
township in a county having a consolidated city, if IC 36-6-6.6
does not apply to the county. After December 31, 2014, this
subsection does not apply to any other county. By the
appropriate township against which the application form is issued
from funds in the township assistance fund not otherwise
appropriated without appropriations.
(3) This subdivision applies after December 31, 2014. This
subdivision applies only to a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies. By the county from funds
in the township assistance fund not otherwise appropriated
without appropriations.
(b) (e) A:
(1) township; or
(2) (after December 31, 2014, in the case of a county to which
IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) county;
is not responsible for paying for biologicals as provided in subsection
(a)(2) (d)(2) or (d)(3) if the township trustee has evidence that the
individual has the financial ability to pay for the biologicals.
(c) (f) After being presented with a legal claim for insulin being
furnished to the same individual a second time, a township trustee an
administrator may require the individual to complete and file a
standard application for township assistance in order to investigate the
financial condition of the individual claiming to be indigent. After
December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4,
or IC 36-6-6.6 applies, the administrator may require the
individual to complete and file only the standard township
assistance application, if the administrator is authorized to do so
by the county plan. If a standard application is required, the trustee
administrator shall immediately notify the individual's physician that:
(1) the financial ability of the individual claiming to be indigent
is in question; and
(2) a standard application for township assistance must be filed.
with the township.
The township or (after December 31, 2014, in the case of a county
to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the county
shall continue to furnish insulin under this section until the township
trustee administrator completes an investigation and makes a
determination as to the individual's financial ability to pay for insulin.
(d) (g) For purposes of this section, the township or (after
December 31, 2014, in the case of a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies) the county shall consider an
adult individual needing insulin as an individual and not as a member
of a household requesting township assistance.
(b) This subsection applies if a governing body does not develop, before January 1, 2015, a reorganization plan under IC 20-23 that will be implemented before July 1, 2015. After December 31, 2014, the state board shall develop a reorganization plan for a school township to which this subsection applies and require the governing body to implement the plan.
(c) This section expires January 1, 2017.
JULY 1, 2012]: Sec. 2. (a) The fire prevention and building safety
commission shall:
(1) adopt rules under IC 4-22-2 for the granting of permits for
supervised public displays of fireworks by municipalities, fair
associations, amusement parks, and other organizations or groups
of individuals; and
(2) establish by rule the fee for the permit, which shall be paid
into the fire and building services fund created under
IC 22-12-6-1.
(b) The application for a permit required under subsection (a) must:
(1) name a competent operator who is to officiate at the display;
(2) set forth a brief resume of the operator's experience;
(3) be made in writing; and
(4) be received with the applicable fee by the division of fire and
building safety at least five (5) business days before the display.
No operator who has a prior conviction for violating this chapter may
operate any display for one (1) year after the conviction.
(c) Every display shall be handled by a qualified operator approved
by the chief of the fire department of the municipality in which the
display is to be held. A display shall be located, discharged, or fired as,
in the opinion of:
(1) the chief of the fire department of the city or town in which
the display is to be held; or
(2) the township fire chief or the fire chief of the municipality
nearest the site proposed, in the case of a display to be held
outside of the corporate limits of any city or town;
after proper inspection, is not hazardous to property or person.
However, in the case of a county not having a consolidated city, the
county fire chief shall after December 31, 2014, carry out the duties
under subdivision (2).
(d) A permit granted under this section is not transferable.
(e) A denial of a permit by a municipality shall be issued in writing
before the date of the display.
(f) A person may not possess, transport, or deliver special fireworks,
except as authorized under this section.
department may grant a permit to a person to sponsor a special
discharge location in the municipality, or township, or county.
(1) a volunteer fire department (as defined in IC 36-8-12-2);
(2) the executive of a township providing fire protection under IC 36-8-13-3(a)(1);
(3) a municipality providing fire protection to a township under IC 36-8-13-3(a)(2),
(4) after December 31, 2014, a county not having a consolidated city.
(1) a county not having a consolidated city; or
(2) a county having a consolidated city, if IC 36-6-6.6 applies to the county;
under this article are transferred to the county executive or county executive's designee.
(1) the township fund; and
(2) after December 31, 2014, the cemetery fund for:
(A) a county not having a consolidated city; or
(B) a county having a consolidated city, if IC 36-6-6.6 applies to the county.
(b) The county fiscal body (rather than the township legislative body) may approve a purchase under IC 23-14-69-5.
(1) who reside in:
(A) a township or (after December 31, 2014) a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies; or
(B) the immediate vicinity of a cemetery owned by a township or (after December 31, 2014) a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies; and
(2) who own lots in and whose dead relatives are buried in a cemetery owned by the township or (after December 31, 2014) a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies;
organize, either by themselves or with others, as a corporation for the burial of the dead and the maintenance of a cemetery.
(b) The persons filing the petition under subsection (a) must give notice of the filing at least three (3) weeks before the filing in accordance with IC 5-3-1-2 by publishing a notice concerning the petition in a newspaper:
(1) that is published in the township; or
(2) if there is no newspaper published in the township, in the newspaper published nearest to the township.
(1) shall control the cemetery;
(2) shall ornament, beautify, and improve the cemetery;
(3) may purchase additions and sell lots in the cemetery;
(4) may assess all lots for the care, improvement, and
beautification of the cemetery;
(5) may receive and hold in trust gifts, donations, and legacies to
be devoted to the purposes referred to in subdivisions (1) through
(4); and
(6) may exercise all the powers of a corporation organized under
any statute for the purpose of owning, managing, and maintaining
cemeteries.
(b) All actions that the corporation takes in accordance with statutes
concerning cemeteries before the cemetery is conveyed by the township
trustee to the corporation under section 4 of this chapter are valid and
binding on all parties involved in the actions.
(b)
(1) to purchase additional land for the cemetery;
(2) to make permanent improvements to the cemetery; or
(3) for the upkeep and maintenance of the cemetery.
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. All expenses
incurred by the trustee or (after December 31, 2014, in a county to
which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the county
executive in administering this chapter shall be paid out of the
township cemetery fund. of the township.
(b) After December 31, 2014, this subsection applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county. After December 31, 2014, this subsection does not apply to any other county. The township may levy a township cemetery tax to create a fund for maintenance of cemeteries under this chapter. If a fund has not been provided for maintenance of cemeteries under this chapter, part of the township fund may be used.
(c) After December 31, 2014, in the case of a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, the county may levy a county cemetery tax to create a fund for maintenance of cemeteries under this chapter. If a fund has not been provided for maintenance of cemeteries under this chapter, part of the county general fund may be used.
(1) A public cemetery that belongs to a township or (after December 31, 2014) a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies.
(2) An addition to a public cemetery that belongs to a township or (after December 31, 2014) a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies.
(1) A cemetery that is owned or controlled by a city, a town, or a voluntary association.
(2) A cemetery that is maintained by a township or (after December 31, 2014) a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies under IC 23-14-68.
(1) destroying detrimental plants (as defined in IC 15-16-8-1), noxious weeds, and rank vegetation; and
(2) removing all unsightly accumulations and debris.
(b) Donated land shall be:
(1) conveyed to the township or (after December 31, 2014) the county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies;
(2) set apart by the trustee or the county executive for a public cemetery; and
(3) kept in good condition and repair by the township trustee or the county executive.
(1) no land suitable for a public cemetery is donated to a
township; and
(2) if the township legislative body or (after December 31, 2014)
the county fiscal body, adopts a resolution approving the
purchase;
the township executive may purchase land for the purpose of
establishing a public cemetery.
(b) If no land suitable for a public cemetery is donated to a
county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies, the
county executive (after December 31, 2014), with the approval of
the county fiscal body, may purchase land for the purpose of
establishing a public cemetery.
(b) (c) When land is purchased and conveyed to:
(1) the township under subsection (a); or
(2) (after December 31, 2014) a county to which IC 36-6-6.2,
IC 36-6-6.4, or IC 36-6-6.6 applies;
the land must be set apart, kept in repair, and used as provided in
section 6 of this chapter.
(1) lay out the land in lots with streets and walks;
(2) plat the land; and
(3) record the plat in the office of the recorder of the county.
(b) For recording a plat under subsection (a), the recorder shall collect the same fees as are allowed for similar recordings.
(c) The lots laid out and platted under subsection (a) must be numbered. A specific part of the lots must be:
(1) set apart; and
(2) designated on the plat;
for a potter's field.
(d) After the plat has been recorded, the township trustee or (after December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the county executive shall appoint:
(1) one (1) disinterested freeholder of the township or (after December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the county; and
(2) one (1) disinterested appraiser licensed under IC 25-34.1;
who are residents of Indiana to appraise and fix the value of all the lots on the plat, except the part assigned to the potter's field under subsection (c). The appraisal shall be filed with and preserved by the township trustee or county executive.
(b) The proceeds of the sale of lots in a cemetery under subsection (a) shall be used to pay the expenses that the township trustee or (after December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the county executive may incur under this chapter for the cemetery. Any surplus shall be held as a fund for use in keeping the cemetery in repair.
(c) The township trustee or (after December 31, 2014, in a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies) the county executive shall keep an accurate account of:
(1) the money received by the township trustee or the county executive for the purpose of keeping the cemetery in repair; and
(2) the sums that the township trustee or the county executive has paid out, and for which the trustee or the county executive has taken vouchers.
shall distribute the interest accrued on any cemetery fund or funds
received under section 1 of this chapter on the last Monday of January
of each year to the following person or persons:
(1) The trustee of the township or (after December 31, 2014, in
a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6
applies) the county executive in which an abandoned or
unincorporated cemetery is located.
(2) The trustee of the township or (after December 31, 2014 in
a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6
applies) the county executive, lying on the east or south of the
cemetery if the cemetery is located on a county boundary or a
township boundary.
(3) The treasurer of the board of directors of an incorporated
cemetery.
(b) A receipt or voucher made under subsection (a) must state:
(1) the amount paid out;
(2) the purpose for which the money was expended; and
(3) the fund from which the money came.
(c) The receipts and vouchers made under subsection (a) shall be:
(1) filed with the county auditor before January 2 of each year; and
(2) presented to the board of commissioners for examination and approval at the January meeting of the board of commissioners.
township, or (after December 31, 2014) county, in the case of a
county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies,
that:
(1) owns a cemetery that has been in existence for at least thirty
(30) years; or
(2) desires to own a public cemetery.
(1) the legislative body of the city or town;
(2) the executive of the township; or
(3) after December 31, 2014, the county executive of a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies;
has the power of eminent domain to condemn and appropriate the land for cemetery purposes under proceedings provided by statute.
(b) The notice required under subsection (a) must be served by reading the notice to the owner or by leaving a copy of the notice at the owner's usual place of residence.
(c) If the owner is not a resident of the township, county, or state where the hedge, live fence, or other obstructions or growth is located, the notice shall be served upon the owner's agent or tenant residing in the township. If an agent or a tenant of the owner does not reside in the township, the notice shall be served by mailing a copy of the notice to
the owner, directed to the owner's last known post office address.
(d) If the owner, agents, or tenants do not proceed to cut and trim
the fences and burn the brush trimmed from the fences or remove any
obstructions or growths within ten (10) days after notice is served, the
township trustee, county highway superintendent, or Indiana
department of transportation shall immediately:
(1) cause the fences to be cut and trimmed or obstructions or
growths removed in accordance with this chapter; and
(2) burn the brush trimmed from the fences.
All expenses incurred under this subsection shall be assessed against
and become a lien upon the land in the same manner as road taxes.
(e) The township trustee, county highway superintendent, or Indiana
department of transportation, having charge of the work performed
under subsection (d) shall prepare an itemized statement of the total
cost of the work of removing the obstructions or growths and shall sign
and certify the statement to the county auditor of the county in which
the land is located. The county auditor shall place the statement on the
tax duplicates. The county treasurer shall collect the costs entered on
the duplicates at the same time and in the same manner as road taxes
are collected. The treasurer may not issue a receipt for road taxes
unless the costs entered on the duplicates are paid in full at the same
time the road taxes are paid. If the costs are not paid when due, the
costs shall become delinquent, bear the same interest, be subject to the
same penalties, and be collected at the same time and in the same
manner as other unpaid and delinquent taxes.
(b) The name of each court shall be the "__________ Township of Marion County Small Claims Court" (insert the name of the township in the blank).
(c) This subsection applies after December 31, 2014, if a majority of voters of the county approve a public question under IC 36-6-6.5. Except as provided by state law, the small claims
courts established under this chapter operate independently from
the circuit and superior courts. Except for adopting the budget and
approving salaries, the city-county council does not have authority
over a small claims court judge and the operations of a small
claims court. The executive committee of the superior court does
not have authority over a small claims court judge and the
operations of a small claims court.
(1) whether a small claims court shall be established or abolished in the township if the township has a population of less than fifteen thousand (15,000) persons;
(2) whether the small claims court if any, shall function full time or part time;
(3) the location of the small claims court courtroom and offices under IC 33-34-6-1; and
(4) other relevant matters.
city-county council, if a majority of voters of the county approve
a public question under IC 36-6-6.5.
(b) The salary of each judge who serves part time must be in an
amount:
(1) determined by the township board and approved by the
city-county council; or
(2) after December 31, 2014, established by ordinance of the
city-county council, if a majority of voters of the county
approve a public question under IC 36-6-6.5.
(c) The salary of a judge may not be reduced during the judge's term
of office.
(d) At any other time, salaries of any full-time or part-time judge
may be increased or decreased by the:
(1) township board of the township in which the small claims
court is located; or
(2) after December 31, 2014, by ordinance adopted by the
city-county council, if a majority of voters of the county
approve a public question under IC 36-6-6.5.
(b) The judge may not receive remuneration other than a salary set under section 5 of this chapter for the performance of the judge's official duties except payments for performing marriage ceremonies.
(b) This subsection applies after December 31, 2014, if a majority of the voters of the county approve a public question under IC 36-6-6.5. The resignation of a judge shall be delivered to the clerk of the circuit court. The clerk shall advise the circuit court.
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) If a judge is unable to preside over the
judge's small claims court during any number of days, the judge may
appoint in writing a person qualified to be a small claims judge under
IC 33-34-2-2 to preside in place of the judge.
(b) The written appointment shall be entered on the order book or
record of the circuit court. The appointee shall, after taking the oath
prescribed for the judges, conduct the business of the small claims
court subject to the same rules and regulations as judges and has the
same authority during the continuance of the appointee's appointment.
(c) The appointee is entitled to the same compensation from the
township trustee as accruable to the small claims judge in whose place
the appointee is serving.
(1) adequate access;
(2) sufficient parking facilities;
(3) a separate and appropriate courtroom;
(4) proper space and facilities for the bailiff, clerks, and other employees; and
(5) enough room for files and supplies.
(1) furnish all:
(A) supplies, including all blanks, forms, stationery, and papers of every kind, required for use in all cases in the township small claims court; and
(B) furniture, books, and other necessary equipment and supplies; and
(2) provide for all necessary maintenance and upkeep of the facilities where court is held.
the county approve a public question under IC 36-6-6.5. Each
township shall provide an appropriate and competitive salary of at least
five thousand six hundred dollars ($5,600) for the number of clerks for
the small claims court sufficient to:
(1) operate efficiently; and
(2) adequately serve the citizens doing business with the court.
(b) This subsection applies after December 31, 2014, if a
majority of voters of the county approve a public question under
IC 36-6-6.5. The judges shall establish with the approval of the
city-county council an appropriate and competitive salary of at
least five thousand six hundred dollars ($5,600) for the number of
clerks for the small claims court sufficient to:
(1) operate efficiently; and
(2) adequately serve the citizens doing business with the court.
(1) provide the forms, blanks, court calendar books, judgment dockets, and fee books; and
(2) make rules and instructions to direct the judges in keeping records and making reports.
The clerk of the circuit court shall keep full and permanent records and reports of each judge's past and current proceedings, indexed and available for reference as a public record.
(b) The
(1) semiannually distribute to the auditor of state:
(A) all automated record keeping fees (IC 33-37-5-21)
received by the court for deposit in the homeowner protection
unit account established by IC 4-6-12-9 and the state user fee
fund established under IC 33-37-9;
(B) all public defense administration fees collected by the
court under IC 33-37-5-21.2 for deposit in the state general
fund;
(C) sixty percent (60%) of all court administration fees
collected by the court under IC 33-37-5-27 for deposit in the
state general fund;
(D) all judicial insurance adjustment fees collected by the
court under IC 33-37-5-25 for deposit in the judicial branch
insurance adjustment account established by IC 33-38-5-8.2;
and
(E) seventy-five percent (75%) of all judicial salaries fees
collected by the court under IC 33-37-5-26 for deposit in the
state general fund; and
(2) distribute monthly to the county auditor all document storage
fees received by the court.
(c) The remaining twenty-five percent (25%) of the judicial salaries
fees described in subdivision (1)(E) subsection (b)(1)(E) shall be
deposited monthly in the following:
(1) The township general fund of the township in which the court
is located. The county auditor shall deposit fees distributed under
subdivision (2) subsection (b)(2) into the clerk's record
perpetuation fund under IC 33-37-5-2. This subdivision does not
apply after December 31, 2014, if a majority of voters of the
county approve a public question under IC 36-6-6.5.
(2) After December 31, 2014, if a majority of voters of the
county approve a public question under IC 36-6-6.5, the
county general fund. Deposits made under this subdivision
shall be credited to the township small claims courts account
described in section 5 of this chapter.
(c) (d) The court semiannually shall do the following:
(1) Pay to the township trustee of the township in which the court
is located the remaining forty percent (40%) of the court
administration fees described under subsection (b)(1)(C) to fund
the operations of the small claims court in the trustee's township.
This subdivision does not apply after December 31, 2014, if a
majority of voters of the county approve a public question
under IC 36-6-6.5.
(2) After December 31, 2014, if a majority of voters of the
county approve a public question under IC 36-6-6.5, pay to
the clerk of the circuit court the remaining forty percent
(40%) of the court administration fees described under
subsection (b)(1)(C) to fund the operations of the small claims
court. The court administration fees shall be deposited in the
county general fund and credited to the township small claims
courts account described in section 5 of this chapter.
(b) Fees and costs paid and collected under sections 1 and 3 of this chapter shall be deposited in the county general fund and credited to a separate account identified as the township small claims courts account.
(c) The executive of the consolidated city may expend funds credited to the township small claims courts account, without appropriation, only for the purpose of administering this article.
(1) the county council, for a county not having a consolidated city;
(2) the city-county council, for a consolidated city or county having a consolidated city;
(3) the common council, for a city other than a consolidated city;
(4) the town council, for a town;
(5)
(A) the township board, before January 1, 2015; and
(B) the county fiscal body, after December 31, 2014;
(6) the governing body or budget approval body, for any other political subdivision that has a governing body or budget approval body; or
(7) the chief executive officer of any other political subdivision that does not have a governing body or budget approval body.
JULY 1, 2012]: Sec. 9. "Legislative body" means: the:
(1) the board of county commissioners, for a county not subject
to IC 36-2-3.5 or IC 36-3-1;
(2) the county council, for a county subject to IC 36-2-3.5;
(3) the city-county council, for a consolidated city or county
having a consolidated city;
(4) the common council, for a city other than a consolidated city;
(5) the town council, for a town;
(6) township board, for a township:
(A) the township board, before January 1, 2015; and
(B) the county fiscal body, after December 31, 2014;
(7) the governing body of any other political subdivision that has
a governing body; or
(8) the chief executive officer of any other political subdivision
that does not have a governing body.
(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) Except as provided in subdivision (2), 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) This subdivision applies after December 31, 2014. This subdivision applies only to a county to which IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. Funds of a county for redemption of township assistance obligations, to the township assistance fund of the county or rainy day fund of the county, as provided in section 5.1 of this chapter.
assistance fund of the township or rainy day fund of the township,
as provided in section 5.1 of this chapter.
(4) (5) 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. However, 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) If there is:
(1) an unexpended balance in the debt service fund of any school
township; and
(2) no outstanding bonded or other indebtedness of the school
township to the payment of which the unexpended balance or any
part of the unexpended balance can be legally applied;
the township trustee of the township, with the approval of the township
board, may transfer the unexpended balance in the debt service fund to
the school general fund of the school township.
(e) Whenever any township has collected any fund for the special
or specific purpose of erecting or constructing a school building and
the township trustee of the township decides to abandon the proposed
work of erecting or constructing the school building, the township
trustee of the township shall transfer the fund collected for the special
or specific purpose to the township fund of the township, upon the
order of the township board to make the transfer. It is lawful thereafter
to use the funds for any purpose for which the township funds of the
township may be used.
(f) Transfers to a political subdivision's rainy day fund may be made
at any time during the political subdivision's fiscal year.
[EFFECTIVE JULY 1, 2012]: Sec. 10.5. (a) This section does not
apply to the following:
(1) An elected or appointed officer.
(2) An individual described in IC 20-26-4-11.
(b) Except as provided in IC 3-5-9, an employee of a political
subdivision may:
(1) be a candidate for any an elected office and serve in that
office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as an employee of the political subdivision.
(b) A township may not enter into:
(1) a contract related to township assistance; or
(2) a contract related to fire protection or emergency services;
with a term that extends beyond December 31, 2014, unless the contract has been approved by the legislative body of the county in which the township is located.
Chapter 3.6. County Board of Trustees
Sec. 1. This chapter applies only to a county to which IC 36-6-6.2 applies.
Sec. 2. As used in this chapter, "board" means the county board of trustees established under this chapter.
Sec. 3. As used in this chapter, "fire protection and emergency services plan" means the county fire protection and emergency services plan adopted under IC 36-8-13.6.
Sec. 4. As used in this chapter "township assistance plan" means the township assistance plan adopted under IC 12-20-1.5.
Sec. 5. (a) A county board of trustees is established in each county.
(b) The membership of the board consists of all township trustees of the townships in the county.
Sec. 6. (a) A majority of the members of the board constitutes a quorum. An affirmative vote of a majority of the members of the board is required for the board to take action.
(b) The county executive shall resolve a tie vote of the board.
(c) The board shall meet at least quarterly and at the call of the
chairperson.
Sec. 7. (a) The first meeting of the board shall be convened not
later than December 31, 2012, by the county executive.
(b) The county executive shall select a chairperson from among
the members of the board.
(c) The county fiscal body shall determine, in the manner
provided by law, the compensation of the members of the board.
Sec. 8. (a) The board shall appoint a secretary, subject to the
approval of the county executive. The board may appoint a
secretary from among the members of the board.
(b) The board may appoint staff necessary to fulfill the duties of
the board, subject to the approval of the county executive and the
county fiscal body.
Sec. 9. (a) The board has the following duties and
responsibilities concerning township assistance:
(1) Propose a township assistance plan under IC 12-20-1.5.
(2) Propose county standards for the provision of township
assistance under IC 12-20-1.7.
(3) Annually review the county's township assistance plan and
standards and propose amendments to the township
assistance plan and standards to the county legislative body
for adoption.
(4) For budget years beginning after December 31, 2014,
annually prepare and recommend a township assistance
budget to the county fiscal body.
(5) Subject to the approval of the county fiscal body, hire
necessary employees to assist the township trustee in
discharging the trustee's duties concerning the provision of
township assistance. An individual hired under this
subdivision is a county employee.
(6) Subject to the approval of the county legislative body and
county fiscal body, establish offices in the county for the
provision of township assistance.
(7) Carry out other duties and responsibilities set forth in the
county's township assistance plan concerning the provision of
township assistance in the county.
(b) As provided in IC 36-8-13.6, the board shall:
(1) adopt the fire protection and emergency services plan for
the unincorporated areas of the county; and
(2) submit the fire protection and emergency services plan to
the county legislative body for review and approval.
(c) As provided in IC 36-8-3-1.5, the board shall act as the safety
board of the county for purposes of the county fire department.
(b) Except as provided in section 4.5 or 4.6 of this chapter, the county executive may allow a claim or order the issuance of a county warrant for payment of a claim only at a regular or special meeting of the executive. The county auditor may issue a county warrant for payment of a claim against the county only if the executive or a court orders
(c) The county executive may allow a claim if the claim:
(1) complies with IC 5-11-10-1.6; and
(2) is placed on the claim docket by the auditor at least five (5) days before the meeting at which the executive is to consider the claim.
(d) A county auditor or member of a county executive who violates this section commits a Class C infraction.
(e) A county auditor who violates this section is liable on
(f) If, within sixty (60) days after the county executive allows a claim, a taxpayer of the county demands that the executive refund that allowance to the county, and the executive refuses to do so, the taxpayer may bring an action to recover an illegal, unwarranted, or unauthorized allowance for the benefit of the county. A person who brings an action under this subsection shall give security for costs, and the court shall allow
IC 36-6-6.2, IC 36-6-6.4, or IC 36-6-6.6 applies. Notwithstanding
IC 5-11-10, the county auditor may make payments for claims
payable from the township assistance fund under IC 12-20-1-6 in
advance of allowance by the county executive. Each payment of
expenses under this section must be supported by a fully itemized
invoice or bill and certification by the county auditor. The county
executive shall review and allow the claim at its next regular or
special meeting following the preapproved payment of the expense.
Chapter 21. County Fire Protection Duties
Sec. 1. This chapter applies only to a county not having a consolidated city.
Sec. 2. Beginning January 1, 2015:
(1) the county executive is responsible for providing fire protection and emergency services in the unincorporated areas of the county as provided in the county's fire protection and emergency services plan adopted under IC 36-8-13.6; and
(2) the powers and duties of township government and the township trustee related to providing fire protection and emergency services in the unincorporated areas of the county are transferred to the county.
Sec. 3. (a) After December 31, 2014, in a county in which a majority of voters vote "no" on a public question under IC 36-6-6.3, fire protection and emergency services in an unincorporated area of a county are governed by and subject to a county fire protection and emergency services plan adopted by the county board of trustees and approved by the county legislative body under IC 36-8-13.6.
(b) After December 31, 2014, in a county in which a majority of voters vote "yes" on a public question under IC 36-6-6.3, fire protection and emergency services in an unincorporated area of a county are governed by and subject to a county fire protection and emergency services plan proposed and approved by the county legislative body under IC 36-8-13.6.
Sec. 4. In carrying out fire protection and emergency services responsibilities under section 3 of this chapter, the county executive shall, as provided in the county's fire protection and emergency services plan adopted under IC 36-8-13.6, provide for fire protection and emergency services in the unincorporated areas of the county through any combination of:
(1) operating a county fire department;
(2) contracting with or otherwise cooperating with any municipality, county, fire protection district, volunteer fire department, fire protection territory, or other entity; or
(3) entering into mutual aid agreements.
(1) A township for which the consolidation is approved by the township legislative body and trustee and the legislative body and mayor of the consolidated city.
(2) Any fire protection territory established under IC 36-8-19 that is located in a township described in subdivision (1).
(b) If the requirements of subsection (g) are satisfied, the consolidated fire department shall provide fire protection services within an entity described in subsection (a)(1) or (a)(2) in which the requirements of subsection (g) are satisfied on the date agreed to in the resolution of the township legislative body and the ordinance of the legislative body of the consolidated city.
(c) If the requirements of subsection (g) are satisfied and the fire department of an entity listed in subsection (a) is consolidated into the fire department of the consolidated city, all of the property, equipment, records, rights, and contracts of the department consolidated into the fire department of the consolidated city are:
(1) transferred to; or
(2) assumed by;
the consolidated city on the effective date of the consolidation. However, real property other than real property used as a fire station may be transferred only on terms mutually agreed to by the legislative body and mayor of the consolidated city and the trustee and legislative body of the township in which that real property is located.
(d) If the requirements of subsection (g) are satisfied and the fire department of an entity listed in subsection (a) is consolidated into the fire department of the consolidated city, the employees of the fire department consolidated into the fire department of the consolidated city cease employment with the department of the entity listed in subsection (a) and become employees of the consolidated fire department on the effective date of the consolidation. The consolidated
city shall assume all agreements with labor organizations that:
(1) are in effect on the effective date of the consolidation; and
(2) apply to employees of the department consolidated into the
fire department of the consolidated city who become employees
of the consolidated fire department.
(e) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the indebtedness related to fire
protection services incurred before the effective date of the
consolidation by the entity or a building, holding, or leasing
corporation on behalf of the entity whose fire department is
consolidated into the consolidated fire department under subsection (a)
shall remain the debt of the entity and does not become and may not be
assumed by the consolidated city. Indebtedness related to fire
protection services that is incurred by the consolidated city before the
effective date of the consolidation shall remain the debt of the
consolidated city, and property taxes levied to pay the debt may only
be levied by the fire special service district.
(f) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the merit board and the merit
system of the fire department that is consolidated are dissolved on the
effective date of the consolidation, and the duties of the merit board are
transferred to and assumed by the merit board for the consolidated fire
department on the effective date of the consolidation.
(g) A township legislative body, after approval by the township
trustee, may adopt a resolution approving the consolidation of the
township's fire department with the fire department of the consolidated
city. A township legislative body may adopt a resolution under this
subsection only after the township legislative body has held a public
hearing concerning the proposed consolidation. The township
legislative body shall hold the hearing not earlier than thirty (30) days
after the date the resolution is introduced. The hearing shall be
conducted in accordance with IC 5-14-1.5, and notice of the hearing
shall be published in accordance with IC 5-3-1. If the township
legislative body has adopted a resolution under this subsection, the
township legislative body shall, after approval from the township
trustee, forward the resolution to the legislative body of the
consolidated city. If such a resolution is forwarded to the legislative
body of the consolidated city and the legislative body of the
consolidated city adopts an ordinance, approved by the mayor of the
consolidated city, approving the consolidation of the fire department of
the township into the fire department of the consolidated city, the
requirements of this subsection are satisfied. The consolidation shall
take effect on the date agreed to by the township legislative body in its
resolution and by the legislative body of the consolidated city in its
ordinance approving the consolidation.
(h) The following apply if the requirements of subsection (g) are
satisfied:
(1) The consolidation of the fire department of that township is
effective on the date agreed to by the township legislative body in
the resolution and by the legislative body of the consolidated city
in its ordinance approving the consolidation.
(2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
fire department of a consolidated city under this section;
remains a member of the 1977 fund without being required to
meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The
firefighter shall receive credit for any service as a member of the
1977 fund before the consolidation to determine the firefighter's
eligibility for benefits under IC 36-8-8.
(3) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
fire department of a consolidated city under this section;
remains a member of the 1937 fund. The firefighter shall receive
credit for any service as a member of the 1937 fund before the
consolidation to determine the firefighter's eligibility for benefits
under IC 36-8-7.
(4) For property taxes first due and payable in the year in which
the consolidation is effective, the maximum permissible ad
valorem property tax levy under IC 6-1.1-18.5:
(A) is increased for the consolidated city by an amount equal
to the maximum permissible ad valorem property tax levy in
the year preceding the year in which the consolidation is
effective for fire protection and related services by the
township whose fire department is consolidated into the fire
department of the consolidated city under this section; and
(B) is reduced for the township whose fire department is
consolidated into the fire department of the consolidated city
under this section by the amount equal to the maximum
permissible ad valorem property tax levy in the year preceding
the year in which the consolidation is effective for fire
protection and related services for the township.
(5) The amount levied in the year preceding the year in which the
consolidation is effective by the township whose fire department
is consolidated into the fire department of the consolidated city
for the township's cumulative building and equipment fund for
fire protection and related services is transferred on the effective
date of the consolidation to the consolidated city's cumulative
building and equipment fund for fire protection and related
services, which is hereby established. The consolidated city is
exempted from the requirements of IC 36-8-14 and IC 6-1.1-41
regarding establishment of the cumulative building and
equipment fund for fire protection and related services.
(6) The local boards for the 1937 firefighters' pension fund and
the 1977 police officers' and firefighters' pension and disability
fund of the township are dissolved, and their services are
terminated not later than the effective date of the consolidation.
The duties performed by the local boards under IC 36-8-7 and
IC 36-8-8, respectively, are assumed by the consolidated city's
local board for the 1937 firefighters' pension fund and local board
for the 1977 police officers' and firefighters' pension and
disability fund, respectively. Notwithstanding any other provision,
the legislative body of the consolidated city may adopt an
ordinance to adjust the membership of the consolidated city's
local board to reflect the consolidation.
(7) The consolidated city may levy property taxes within the
consolidated city's maximum permissible ad valorem property tax
levy limit to provide for the payment of the expenses for the
operation of the consolidated fire department. However, property
taxes to fund the pension obligation under IC 36-8-7 for members
of the 1937 firefighters fund who were employees of the
consolidated city at the time of the consolidation may be levied
only by the fire special service district within the fire special
service district. The fire special service district established under
IC 36-3-1-6 may levy property taxes to provide for the payment
of expenses for the operation of the consolidated fire department
within the territory of the fire special service district. Property
taxes to fund the pension obligation under IC 36-8-8 for members
of the 1977 police officers' and firefighters' pension and disability
fund who were members of the fire department of the
consolidated city on the effective date of the consolidation may be
levied only by the fire special service district within the fire
special service district. Property taxes to fund the pension
obligation for members of the 1937 firefighters fund who were
not members of the fire department of the consolidated city on the
effective date of the consolidation and members of the 1977
police officers' and firefighters' pension and disability fund who
were not members of the fire department of the consolidated city
on the effective date of the consolidation may be levied by the
consolidated city within the city's maximum permissible ad
valorem property tax levy. However, these taxes may be levied
only within the fire special service district and any townships that
have consolidated fire departments under this section.
(8) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before March
1 of the year in which the consolidation is effective and before
March 1 in each of the following two (2) years, to determine:
(A) the amount of any cost savings, operational efficiencies, or
improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluation
and performance audit must be provided to the legislative council
in an electronic format under IC 5-14-6 and to the state budget
committee.
(i) If a local public question under IC 36-6-6.5 is approved in the
county having a consolidated city, the fire department of a
township described in IC 36-3-1-6.1 is on January 1, 2014,
consolidated into the fire department of the consolidated city under
this section as provided in IC 36-6-6.6-9.
(b) The legislative body of an excluded city, after approval by the executive (as defined in IC 36-1-2-5) of the excluded city, may adopt an ordinance approving the consolidation of the excluded city's fire department with the fire department of the consolidated city (referred to in this section as "the consolidated fire department"). If the legislative body of the excluded city adopts an ordinance under this subsection, the legislative body shall forward the ordinance to the clerk of the legislative body of the consolidated city. If the legislative body of the consolidated city adopts the ordinance approving the consolidation of the fire department of the
excluded city into the consolidated fire department and the
ordinance is approved by the mayor of the consolidated city, the
requirements of this subsection are satisfied.
(c) The following apply if the requirements of subsection (b) are
satisfied:
(1) The fire department of the excluded city is consolidated
into the consolidated fire department. The consolidation takes
effect on the date agreed to by the legislative body of the
excluded city in its ordinance and by the legislative body of
the consolidated city in its ordinance approving the
consolidation.
(2) The consolidated fire department shall provide fire
protection services within the excluded city on the date agreed
to in the ordinance of the legislative body of the excluded city
and the ordinance of the legislative body of the consolidated
city.
(3) All property, equipment, records, and rights of the fire
department of the excluded city are:
(A) transferred to; or
(B) assumed by;
the consolidated city on the effective date of the consolidation.
However, real property other than real property used as a fire
station may be transferred only on terms mutually agreed to
by the legislative body and mayor of the consolidated city and
the executive and legislative body of the excluded city in which
the real property is located.
(4) Each firefighter of the fire department of the excluded city
ceases employment with the fire department of the excluded
city and, if the firefighter meets the minimum standards of the
consolidated fire department, becomes an employee of the
consolidated fire department on the effective date of the
consolidation.
(5) The indebtedness of the fire department of the excluded
city related to fire protection services incurred before the
effective date of the consolidation by the entity or a building,
holding, or leasing corporation on behalf of the fire
department of the excluded city remains the debt of the entity
and is not and may not be assumed by the consolidated city.
Indebtedness related to fire protection services incurred by
the consolidated city before the effective date of the
consolidation remains the debt of the consolidated city, and
property taxes levied to pay the debt may be levied only by the
fire special service district.
(6) The merit board and the merit system of the fire
department of the excluded city are dissolved on the effective
date of the consolidation, and the duties of the merit board are
transferred to and assumed by the merit board for the
consolidated fire department on the effective date of the
consolidation.
(7) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of
the consolidated fire department under this section;
remains a member of the 1977 fund without being required to
meet the requirements under IC 36-8-8-19 and IC 36-8-8-21.
The firefighter is entitled to receive credit for any service as
a member of the 1977 fund before the consolidation to
determine the firefighter's eligibility for benefits under
IC 36-8-8.
(8) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of
the consolidated fire department under this section;
remains a member of the 1937 fund. The firefighter is entitled
to receive credit for any service as a member of the 1937 fund
before the consolidation to determine the firefighter's
eligibility for benefits under IC 36-8-7.
(9) For property taxes first due and payable in the year in
which the consolidation is effective, the maximum permissible
ad valorem property tax levy under IC 6-1.1-18.5:
(A) is increased for the consolidated city by an amount
equal to the maximum permissible ad valorem property
tax levy in the year preceding the year in which the
consolidation is effective for fire protection and related
services by the excluded city whose fire department is
consolidated into the consolidated fire department under
this section; and
(B) is reduced for the excluded city whose fire department
is consolidated into the consolidated fire department under
this section by the amount equal to the maximum
permissible ad valorem property tax levy in the year
preceding the year in which the consolidation is effective
for fire protection and related services for the excluded
city.
(10) The amount levied in the year preceding the year in
which the consolidation is effective by the excluded city whose
fire department is consolidated into the consolidated fire
department for the excluded city's cumulative building and
equipment fund for fire protection and related services is
transferred on the effective date of the consolidation to the
consolidated city's cumulative building and equipment fund
for fire protection and related services, which is hereby
established. The consolidated city is exempted from the
requirements of IC 6-1.1-41 and IC 36-8-14 regarding
establishment of the cumulative building and equipment fund
for fire protection and related services.
(11) The local boards for the 1937 firefighters' pension fund
and the 1977 police officers' and firefighters' pension and
disability fund of the excluded city are dissolved, and their
services are terminated not later than the effective date of the
consolidation. The duties performed by the local boards under
IC 36-8-7 and IC 36-8-8 are assumed by the consolidated
city's local board for the 1937 firefighters' pension fund and
local board for the 1977 police officers' and firefighters'
pension and disability fund, respectively. Notwithstanding any
other law, the legislative body of the consolidated city may
adopt an ordinance to adjust the membership of the
consolidated city's local board to reflect the consolidation.
(d) The fire special service district shall be expanded to include
any area of an excluded city that is served by the consolidated fire
department.
(b) The following officers shall prepare for their respective departments, offices, agencies, or courts an estimate of the amount of money required for the ensuing budget year, stating in detail each category and item of expenditure they anticipate:
(1) The director of each department of the consolidated city.
(2) Each township
elected county officer, or and head of a county agency.
(3) The county clerk, for each court the clerk serves.
(4) The controller, for each small claims court.
(c) In addition to the estimates required by subsection (b), the
county clerk shall prepare an estimate of the amount of money that is,
under law, taxable against the county for the expenses of cases tried in
other counties on changes of venue.
(d) Each officer listed in subsection (b)(2) or (b)(3) shall append a
certificate to each estimate the officer prepares stating that in the
officer's opinion the amount fixed in each item will be required for the
purpose indicated. The certificate must be verified by the oath of the
officer.
(e) An estimate for a court or division of a court is subject to
modification and approval by the judge of the court or division.
(f) All of the estimates prepared by city officers and county officers
shall be submitted to the controller.
(g) The controller shall also prepare an itemized estimate of city and
county expenditures for other purposes above the money proposed to
be used by the city departments and county officers and agencies.
(b) Except as provided in IC 3-5-9, a city employee other than an elected or appointed public officer may:
(1) be a candidate for
(2) be appointed to any office and serve in that office if appointed;
without having to resign as a city employee.
(1) this section applies to a county having a consolidated city, if IC 36-6-6.6 does not apply to the county;
(2) in the case of a county to which IC 36-6-6.4 or IC 36-6-6.6 applies, the duties and responsibilities of a township executive under this section are transferred to the appropriate county officer; and
(3) this section does not apply to a county to which IC 36-6-6.2 applies.
(b) The executive shall do the following:
(1) Keep a written record of official proceedings.
(2) Manage all township property interests.
(3) Keep township records open for public inspection.
(4) Attend all meetings of the township legislative body.
(5) Receive and pay out township funds.
(6) Examine and settle all accounts and demands chargeable against the township.
(7) Administer township assistance under IC 12-20 and IC 12-30-4.
(8) Perform the duties of fence viewer under IC 32-26.
(9) Provide and maintain cemeteries under IC 23-14.
(10) Provide fire protection under IC 36-8, except in a township that:
(A) is located in a county having a consolidated city; and
(B) consolidated the township's fire department under IC 36-3-1-6.1.
(11) File an annual personnel report under IC 5-11-13.
(12) Provide and maintain township parks and community centers under IC 36-10.
(13) Destroy detrimental plants, noxious weeds, and rank vegetation under IC 15-16-8.
(14) Provide insulin to the poor under IC 12-20-16.
(15) Perform other duties prescribed by statute.
(b) The executive shall do the following:
(1) Keep a written record of official proceedings.
(2) Manage all township property interests.
(3) Keep township records open for public inspection.
(4) Attend all meetings of the county fiscal body.
(5) Receive and pay out township funds.
(6) Examine and settle all accounts and demands chargeable against the township.
(7) Serve as a member of the county board of trustees under IC 36-2-3.6.
(8) Administer township assistance under IC 12-20 and IC 12-30-4.
(9) Perform the duties of fence viewer under IC 32-26.
(10) File an annual personnel report under IC 5-11-13.
(11) Provide and maintain township parks and community centers under IC 36-10.
(12) Provide insulin to the poor under IC 12-20-16 if authorized in the township assistance plan prepared under IC 12-20-1.5.
(13) Perform other duties prescribed by statute.
(1) Present an itemized written statement of the estimated expenditures for which appropriations are requested, specifying the following:
(A) The number of teachers employed.
(B) The salary of each teacher employed.
(C) The property of the township (and supplies on hand).
(D) The estimated value of the property of the township (and supplies on hand).
(E) The supplies necessary for each school.
(F) The need for township assistance in the township.
(2) Submit to questions from the legislative body or taxpayers concerning expenditures of the township.
(b) The written statement required under subsection (a)(1) must comply with forms prescribed by the state board of accounts and show the amount of each item to be charged against township funds.
(b) The township board in a county containing a consolidated city shall consist of seven (7) members elected under IC 3-10-2-13 by the voters of each township.
(c) The township board is the township legislative body.
(d) The term of office of a township board member is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.
(e) This subsection applies only to a county having a consolidated city. Notwithstanding subsection (d), an individual elected to the office of township board member at the general election in 2012 shall serve a two (2) year term.
(f) This section expires January 1, 2015.
(b) The legislative body shall adopt a resolution that divides the township into legislative body districts that:
(1) are composed of contiguous territory;
(2) are reasonably compact;
(3) respect, as nearly as reasonably practicable, precinct boundary lines; and
(4) contain, as nearly as reasonably practicable, equal population.
(c) Before a legislative body may adopt a resolution that divides a township into legislative body districts, the secretary of the legislative body shall mail a written notice to the circuit court clerk. This notice must:
(1) state that the legislative body is considering the adoption of a resolution to divide the township into legislative body districts; and
(2) be mailed not later than ten (10) days before the legislative body adopts the resolution.
(d) The legislative body shall make a division into legislative body districts at the following times:
(1) During the second year after a year in which a federal decennial census is conducted.
(2) Subject to IC 3-11-1.5-32.5, whenever the boundary of the township changes.
(e) The legislative body may make the division under this section at any time, subject to IC 3-11-1.5-32.5.
(f) This section expires January 1, 2015.
(b) This subsection applies to townships not included in subsection
(a) or (c). A member of the legislative body must reside within the
township as provided in Article 6, Section 6 of the Constitution of the
State of Indiana. If a member of the legislative body ceases to be a
resident of the township, the office becomes vacant.
(c) This subsection applies to a township government that:
(1) is created by a merger of township governments under
IC 36-6-1.5; and
(2) elects a township board under section 2.1 of this chapter.
One (1) member of the legislative body must reside within the
boundaries of each of the former townships that merged. If a member
of the legislative body ceases to be a resident of that former township,
the office becomes vacant.
(d) This section expires January 1, 2015.
(b) Four (4) members of the legislative body in a county containing a consolidated city constitute a quorum.
(c) This subsection applies to a township government that:
(1) is created by a merger of township governments under IC 36-6-1.5; and
(2) elects a township board under section 2.1 of this chapter.
A majority of the members of the legislative body constitute a quorum. If a township board has an even number of members, the township executive shall serve as an ex officio member of the township board for the purpose of casting the deciding vote to break a tie.
(d) This section expires January 1, 2015.
Chapter 6.1. Transfer of Township Board Powers and Duties in All Counties
Sec. 1. This chapter applies after December 31, 2014.
Sec. 2. On January 1, 2015, the township boards in each county are abolished.
Sec. 3. After December 31, 2014:
(1) the county fiscal body is the fiscal body and legislative body of each township in the county; and
(2) the county fiscal body shall exercise the legislative and fiscal powers assigned in the Indiana Code to township boards, including the authority to adopt the township's annual
budget and to levy township property taxes for township
funds.
Sec. 4. (a) The abolishment of a township board under section
2 of this chapter does not invalidate:
(1) any resolutions, fees, schedules, or other actions adopted
or taken by the township board before January 1, 2015; or
(2) any appointments made by the township board before
January 1, 2015.
(b) After December 31, 2014, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code; or
(3) in any resolution;
to the township board or township legislative body of a township
in a county not having a consolidated city shall be considered a
reference to the county fiscal body.
Chapter 6.2. Transfer of Additional Township Powers and Duties in Certain Counties Other Than Marion County; Transfer of Property
Sec. 1. (a) This chapter applies after December 31, 2014.
(b) This chapter applies only to a county in which a majority of voters vote "no" on a public question under IC 36-6-6.3.
Sec. 2. (a) After December 31, 2014, fire protection and emergency services in an unincorporated area of a county are governed by and subject to a county fire protection and emergency services plan adopted under IC 36-8-13.6 by the county board of trustees and approved by the county legislative body.
(b) After December 31, 2014, certain other township powers and responsibilities are transferred as otherwise specified by law.
Sec. 3. (a) On January 1, 2015, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel; and
(7) contracts;
of a township connected with powers and duties transferred to the county operations are transferred to the county. To the extent that the township and the county cannot agree on the transfers under
this subsection, the department of local government finance shall
make the final determination.
(b) If, as of December 31, 2014, a township has a local board for
the 1937 firefighters' pension fund or the 1977 police officers' and
firefighters' pension and disability fund, that local board is
dissolved on January 1, 2015, and the powers, duties, and
responsibilities of the local board under IC 36-8-7 or IC 36-8-8,
respectively, are assumed by the county's local board for the 1937
firefighters' pension fund and local board for the 1977 police
officers' and firefighters' pension and disability fund, respectively.
Notwithstanding any other provision, the legislative body of the
county may adopt an ordinance to adjust the membership of the
county's local board to reflect the dissolution of the township's
local board.
(c) As necessary, a county shall levy taxes (within the county's
maximum permissible ad valorem property tax levy limit) as
necessary to provide for the payment of pension benefits:
(1) to members of the 1937 firefighters' pension fund; and
(2) for which, before the transfer of fire protection
responsibilities to counties under IC 36-2-21 and IC 36-8-13.7
(effective January 1, 2015), the local board of a township in
the county was responsible.
Sec. 4. (a) Effective January 1, 2015, the county shall assume,
defease, pay, or refund all township indebtedness or lease rental
obligations related to a power or duty transferred to the county.
The county may levy property taxes to pay township indebtedness
or lease rental obligations incurred by a township only in the
geographic area of the township that originally issued the debt or
entered into the lease rental agreement. The former territory of the
township comprises a taxing district for the payment of township
indebtedness or lease rental obligations existing at the time of the
abolition or alteration.
(b) Notwithstanding any other law, to assume, defease, pay, or
refund all or a part of the indebtedness or lease rental obligations
described in subsection (a), the county is not required to comply
with any other statutory procedures or approvals that apply when
a unit incurs indebtedness or lease rental obligations.
(c) The rights of a trustee, bondholder, or leaseholder with
respect to any:
(1) indebtedness or lease rental obligations described in
subsection (a); or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness described in subsection (a);
remain the same, although the powers, duties, agreements, and
liabilities of the townships have been transferred to the county, and
the county shall be considered to have assumed all those powers,
duties, agreements, and liabilities.
Sec. 5. (a) On January 1, 2015, the balance in the general fund
of a township in the county attributable to the power and duties of
the township trustee transferred to the county shall be transferred
to the county. The department of local government finance shall
determine the amounts to be transferred under this subsection.
(b) IC 36-1-8-5 does not apply to a balance referred to in
subsection (a).
Sec. 6. (a) On January 1, 2015, the balance in the township
assistance fund of a township in the county attributable to the
duties of the township trustee:
(1) is transferred to the county; and
(2) shall be deposited in the township assistance fund
established under IC 12-20-21-6.
(b) IC 36-1-8-5 does not apply to a balance referred to in
subsection (a).
Sec. 7. Beginning January 1, 2015, and notwithstanding any
other law to the contrary, any revenue from a local income tax for
public safety under IC 6-3.5-1.1-25 or IC 6-3.5-6-31 that the
township would otherwise receive shall instead be paid to the
county.
Sec. 8. The department of local government finance shall adjust
maximum permissible property tax levies and property tax rates
of units of local government as necessary to account for transfers
of duties, powers, and obligations to the county.
Chapter 6.3. Public Question on Transfer of Township Government Duties and Responsibilities in Counties Other Than Marion County
Sec. 1. This chapter applies only to a county not having a consolidated city.
Sec. 2. The following question shall be submitted to the registered voters of each county at the general election in November 2012:
"Shall all duties of township government be transferred to
________ (insert the name of the county)? (A "yes" vote on
the public question eliminates the township trustee and
transfers other township powers and duties to the county.
However, if the township has a township assessor, the
township assessor is not eliminated and the township
assessor's powers and duties are not transferred to the county.
A "no" vote on the public question: (1) retains the township
trustees in the county; but (2) limits the powers and duties of
the township trustees to administering township assistance in
the township, parks and recreation, fence viewing, and
libraries, if any. The responsibility for providing township
assistance throughout the county is transferred to the county
and certain other township powers and duties including fire
protection, weed control, and cemetery maintenance are
transferred to the county. If the township has a township
assessor, the township assessor is not eliminated and the
township assessor's powers and duties are not transferred to
the county.)".
Sec. 3. (a) The county auditor shall certify a public question
described in section 2 of this chapter under IC 3-10-9-3 to the
county election board of the county. After the public question is
certified, the public question shall be placed on the ballot at the
general election in November 2012.
(b) Only the registered voters who are residents of the county
may vote on the public question.
Sec. 4. The circuit court clerk shall certify the results of a public
question under this chapter to the following:
(1) The secretary of state.
(2) The county auditor.
(3) The department of local government finance.
(4) The department of state revenue.
(5) The state board of accounts.
Sec. 5. If a majority of voters voting on a public question under
this chapter in the county vote "yes" to the public question,
township powers and duties are transferred as provided under
IC 36-6-6.4.
Sec. 6. If a majority of voters voting on a public question under
this chapter in the county vote "no" to the public question,
township powers and duties are transferred as provided under
IC 36-6-6.2.
JULY 1, 2012]:
Chapter 6.4. Transfer of Township Government Duties and
Responsibilities in Counties Other Than Marion County; Transfer
of Property
Sec. 1. This chapter applies only to a county in which a majority
of the voters of the county vote "yes" on a public question under
IC 36-6-6.3.
Sec. 2. (a) Beginning on January 1, 2015:
(1) the office of township trustee in each township in the
county is abolished; and
(2) the county executive is the executive of all townships in the
county and shall exercise the executive powers and duties
assigned in the Indiana Code or the Indiana Administrative
Code to the township executive.
(b) After December 31, 2014, fire protection and emergency
services in an unincorporated area of a county are governed by and
subject to a county fire protection and emergency services plan
adopted under IC 36-8-13.6 by the county board of trustees and
approved by the county legislative body.
Sec. 3. (a) The abolishment of the office of a township trustee
under section 2 of this chapter does not invalidate:
(1) any resolutions, fees, schedules, or other actions adopted
or taken by the township trustee before January 1, 2015; or
(2) any appointments made by the township trustee before
January 1, 2015.
(b) After December 31, 2014, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code; or
(3) in any resolution;
to the township trustee is considered a reference to the county
executive.
Sec. 4. (a) Beginning January 1, 2013, a designee of the county
executive shall meet at least every other month with each township
trustee to effectuate the proper transition of the township's duties,
obligations, and responsibilities relating to cemeteries, high weeds
and grass, detrimental plants, and parks.
(b) Beginning January 1, 2013, a designee of the county
executive shall meet at least monthly with each township trustee to
effectuate the proper transition of the duties, obligations, and
responsibilities of the trustees relating to township assistance. The
designee shall prepare and maintain a report regarding the
transition, and the report shall be made available to the public
upon request. The county executive shall prepare a plan for
delivery of township assistance services on a countywide basis
under IC 12-20-1.6 and township assistance standards under
IC 12-20-1.7.
Sec. 5. (a) On January 1, 2015, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel; and
(7) contracts;
connected with the operations of a township in the county are
transferred to the county executive.
(b) If, as of December 31, 2014, a township has a local board for
the 1937 firefighters' pension fund or the 1977 police officers' and
firefighters' pension and disability fund, that local board is
dissolved on January 1, 2015, and the powers, duties, and
responsibilities of the local board under IC 36-8-7 or IC 36-8-8,
respectively, are assumed by the county's local board for the 1937
firefighters' pension fund and local board for the 1977 police
officers' and firefighters' pension and disability fund, respectively.
Notwithstanding any other provision, the legislative body of the
county may adopt an ordinance to adjust the membership of the
county's local board to reflect the dissolution of the township's
local board.
(c) As necessary, a county shall levy taxes (within the county's
maximum permissible ad valorem property tax levy limit) as
necessary to provide for the payment of pension benefits:
(1) to members of the 1937 firefighters' pension fund; and
(2) for which, before the transfer of fire protection
responsibilities to counties under IC 36-2-21 and IC 36-8-13.7
(effective January 1, 2015), the local board of a township in
the county was responsible.
Sec. 6. (a) Effective January 1, 2015, the county shall assume,
defease, pay, or refund all township indebtedness or lease rental
obligations related to a power or duty transferred to the county.
The county may levy property taxes to pay township indebtedness
or lease rental obligations incurred by a township only in the
geographic area of the township that originally issued the debt or
entered into the lease rental agreement. The former territory of the
township comprises a taxing district for the payment of township
indebtedness or lease rental obligations existing at the time of the
abolition or alteration.
(b) Notwithstanding any other law, to assume, defease, pay, or
refund all or a part of the indebtedness or lease rental obligations
described in subsection (a), the county is not required to comply
with any other statutory procedures or approvals that apply when
a unit incurs indebtedness or lease rental obligations.
(c) The rights of a trustee, bondholder, or leaseholder with
respect to any:
(1) indebtedness or lease rental obligations described in
subsection (a); or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness described in subsection (a);
remain the same, although the powers, duties, agreements, and
liabilities of the townships have been transferred to the county, and
the county shall be considered to have assumed all those powers,
duties, agreements, and liabilities.
Sec. 7. (a) On January 1, 2015, the balance in the general fund
of a township in the county attributable to the duties of the
township trustee under IC 36-6-4-3 is transferred to the county.
The department of local government finance shall determine the
amounts to be transferred under this subsection.
(b) IC 36-1-8-5 does not apply to a balance referred to in
subsection (a).
Sec. 8. (a) On January 1, 2015, the balance in the township
assistance fund of a township in the county attributable to the
duties of the township trustee:
(1) is transferred to the county; and
(2) shall be deposited in the township assistance fund
established under IC 12-20-21-6.
(b) The department of local government finance shall determine
the amounts to be transferred under this section.
(c) IC 36-1-8-5 does not apply to a balance referred to in this
section.
Sec. 9. Beginning January 1, 2015, and notwithstanding any
other law to the contrary, any revenue from a local income tax for
public safety under IC 6-3.5-1.1-25 or IC 6-3.5-6-31 that the
township would otherwise receive shall instead be paid to the
county.
Sec. 10. The department of local government finance shall
adjust maximum permissible property tax levies and property tax
rates of units of local government as necessary to account for
transfers of duties, powers, and obligations to the county.
Chapter 6.5. Public Question on Transfer of Township Government Duties and Responsibilities in Marion County
Sec. 1. This chapter applies only to a county having a consolidated city.
Sec. 2. The following question shall be submitted to the registered voters of each county at the general election in November 2012:
"Shall all duties of township government be transferred to Marion County? (A "yes" vote on the public question eliminates the township trustee and transfers other township powers and duties to the county. A "no" vote on the public question retains all township trustees and township powers and duties are retained by the township.)".
Sec. 3. (a) The county auditor shall certify a public question described in section 2 of this chapter under IC 3-10-9-3 to the county election board of the county. After the public question is certified, the public question shall be placed on the ballot at the general election in November 2012.
(b) Only the registered voters who are residents of the county may vote on the public question.
Sec. 4. The circuit court clerk shall certify the results of a public question under this chapter to the following:
(1) The secretary of state.
(2) The county auditor.
(3) The department of local government finance.
(4) The department of state revenue.
(5) The state board of accounts.
Sec. 5. If a majority of voters voting on a public question under this chapter in the county vote "yes" to the public question, township powers and duties are transferred as provided under IC 36-6-6.6.
Sec. 6. If a majority of voters voting on a public question under this chapter in the county vote "no" to the public question, township powers and duties are retained by the township.
Chapter 6.6. Transfer of Township Government Duties and Responsibilities in Marion County; Transfer of Property
Sec. 1. (a) This chapter applies to a county having a consolidated city, if a majority of the voters of the county vote "yes" on a public question under IC 36-6-6.5.
(b) This chapter does not apply to a county not having a consolidated city.
Sec. 2. (a) Beginning January 1, 2013, a designee of the county executive shall meet monthly with a designee of each township trustee, constable, and small claims court judge to effectuate the proper transition of the duties, obligations, and responsibilities of the township to the county and consolidated city, as provided in this chapter.
(b) The county executive's designee shall, for each township, prepare and maintain a report regarding the transition. The report must be made available to the public upon request and must be posted on the Internet web site maintained by the county executive.
Sec. 3. (a) Effective January 1, 2015, the operations of the township constables and small claims courts are operations of county government and must be accounted for in the county budget.
(b) Effective January 1, 2015, employees of the township supporting the constable or the small claims court judge become employees of the county, reporting to the constable or small claims court judge, as appropriate, of the township by which they were employed on December 31, 2012.
Sec. 4. (a) On January 1, 2015, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel; and
(7) contracts;
connected with the operations of township parks and township weed control are transferred to the consolidated city.
(b) On January 1, 2015, all:
(1) assets;
(2) debts;
(3) property rights;
(4) equipment;
(5) records;
(6) personnel; and
(7) contracts;
connected with operations of a township that have not otherwise transferred are transferred to the county.
(c) Effective January 1, 2015, the operations of the township trustees and any other remaining function performed by township government are operations of county government and shall be accounted for in the county budget.
Sec. 5. (a) Effective January 1, 2015, all township governments in the county are abolished, and the duties and powers of the township governments that have not previously transferred to the county or consolidated city are transferred to the county or consolidated city as provided in this chapter.
(b) Each township shall retain its geographical boundaries and its name, and each constable and small claims court judge shall continue to serve within the jurisdiction of the township in which the constable and small claims court judge were elected.
(c) The term of each township constable and township small claims court judge is not affected by this chapter.
Sec. 6. The balance on January 1, 2015, in a debt service fund of a township:
(1) is transferred to the county in which the township is located; and
(2) shall be used by the county to pay indebtedness or lease rentals for which the fund was established.
Any balance remaining in the fund after all payments for indebtedness or lease rentals required under this section have been made is transferred to the county general fund.
Sec. 7. (a) On January 1, 2015, the balance in a township's general fund attributable to the duties of the township trustee under IC 36-6-4-3, other than the duties concerning fire protection transferred under IC 36-3-1-6.1, is transferred to the county.
(b) The department of local government finance shall determine the amounts to be transferred under subsection (a).
(c) IC 36-1-8-5 does not apply to a balance referred to in subsection (a).
Sec. 8. (a) The balance in a township's township assistance fund attributable to the duties of the township trustee on January 1, 2015:
(1) is transferred to the county; and
(2) shall be deposited in the township assistance fund established under IC 12-20-21-6.
(b) The department of local government finance shall determine the amounts to be transferred under this section.
(c) IC 36-1-8-5 does not apply to a balance referred to in this section.
Sec. 9. (a) This section does not affect the consolidation of a township fire department that occurs under IC 36-3-1-6.1 before January 1, 2015.
(b) If a local public question is approved under IC 36-6-6.5, in the case of a township in the county that does not consolidate its fire department under IC 36-3-1-6.1 before January 1, 2014, the township fire department is consolidated on January 1, 2015, into the fire department of the consolidated city.
(c) Notwithstanding IC 36-3-1-6.1, if a local public question is approved under IC 36-6-6.5, the consolidation of the fire department of a township described in subsection (b) into the fire department of the consolidated city occurs on January 1, 2015, without any action required by the executive and the legislative body of the township or the executive and the legislative body of the consolidated city.
Sec. 10. (a) The department of local government finance shall increase the county's maximum permissible property tax levy for taxes first due and payable in 2015 by an amount equal to the total combined maximum permissible property tax levies for all townships in the county for property taxes first due and payable in 2014 (excluding any township property taxes considered in making an adjustment to the maximum permissible property tax levy of the consolidated city under IC 6-1.1-18.5-22 and any property taxes described in subsection (b)).
(b) The department of local government finance shall increase the county's maximum permissible property tax levy for taxes first due and payable in 2015 by an amount equal to the total combined maximum permissible property tax levies for all townships in the county for township assistance purposes for property taxes first due and payable in 2014.
(c) The department of local government finance shall adjust the maximum permissible property tax levies and property tax rates of units of local government as necessary to account for transfers of duties, powers, and obligations of governmental functions in a county having a consolidated city, as enacted into law in 2012.
Sec. 11. (a) If, after abolition of a township government, there exists any remaining indebtedness of the township, the territory of that township comprises a taxing district for the payment of the
township's indebtedness existing at the time of the abolition. Once
the indebtedness is paid, the taxing district is abolished.
(b) After abolition of a township government, the controller
shall determine the rate of taxation necessary to pay the township
indebtedness existing at the time the township was abolished. The
controller shall place the tax rate on the tax duplicate for the
abolished township government, collect the tax, and pay it over to
the proper creditors.
(b) After December 31, 2014, this chapter applies to a township in a county having a consolidated city, if IC 36-6-6.6 does not apply to the county. After December 31, 2014, this chapter does not apply to any other county.
(1) second and third class cities; and
(2) after December 31, 2014, counties not having a consolidated city (for purposes of the county fire department).
It also applies to other units, where specifically indicated.
(b) After December 31, 2014, in a county in which a majority of voters vote "no" on a public question under IC 36-6-6.3, the county board of trustees established under IC 36-2-3.6-5 is considered the safety board for purposes of the county fire department.
(c) After December 31, 2014, in a county in which a majority of voters vote "yes" on a public question under IC 36-6-6.3, the county legislative body shall by ordinance establish a safety board, with the members to be appointed by the county executive.
(d) After December 31, 2014, a safety board described in this
section has the same powers and duties under this chapter for
purposes of the county fire department as a municipal safety board
has under this chapter for purposes of a municipal fire
department.
(b) In the case of a county to which firefighting duties and responsibilities are transferred from townships to the county after December 31, 2014, the county may establish a merit system under this chapter for the county fire department.
(b) A firefighter with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if the firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(c) A firefighter is covered by this chapter and not by IC 36-8-8 if the firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981);
(3) was rehired after April 30, 1977, but before February 1, 1979; and
(4) was made, before February 1, 1979, a member of a 1937 fund.
(d) A firefighter who:
(1) is covered by this chapter before a consolidation under IC 36-3-1-6.1; and
(2) becomes a member of a fire department of a consolidated city under IC 36-3-1-6.1;
is covered by this chapter after the effective date of the consolidation, and the firefighter's service as a member of a fire department of a consolidated city is considered active service under this chapter.
(e) A firefighter who:
(1) as of December 31, 2014, is a member of the 1937 fund as a firefighter with a township fire department, fire protection
territory, or fire protection district within a county; and
(2) after the transfer of fire protection responsibilities to
counties under IC 36-2-21 and IC 36-8-13.7 (effective January
1, 2015) becomes a member of the county fire department or
a fire protection territory or fire protection district within the
county;
is covered by this chapter after the firefighter becomes a member
of the county fire department, and the firefighter's service as a
member of a township fire department, fire protection territory, or
fire protection district that was covered under this chapter before
January 1, 2015, is considered active service under this chapter.
(1) full-time police officers hired or rehired after April 30, 1977, in all municipalities, or who converted their benefits under IC 19-1-17.8-7 (repealed September 1, 1981);
(2) full-time fully paid firefighters hired or rehired after April 30, 1977, or who converted their benefits under IC 19-1-36.5-7 (repealed September 1, 1981);
(3) a police matron hired or rehired after April 30, 1977, and before July 1, 1996, who is a member of a police department in a second or third class city on March 31, 1996;
(4) a park ranger who:
(A) completed at least the number of weeks of training at the Indiana law enforcement academy or a comparable law enforcement academy in another state that were required at the time the park ranger attended the Indiana law enforcement academy or the law enforcement academy in another state;
(B) graduated from the Indiana law enforcement academy or a comparable law enforcement academy in another state; and
(C) is employed by the parks department of a city having a population of more than one hundred twenty thousand (120,000) but less than one hundred fifty thousand (150,000);
(5) a full-time fully paid firefighter who is covered by this chapter before the effective date of consolidation and becomes a member of the fire department of a consolidated city under IC 36-3-1-6.1, provided that the firefighter's service as a member of the fire department of a consolidated city is considered active service under this chapter;
(6) except as otherwise provided, a full-time fully paid firefighter who is hired or rehired after the effective date of the consolidation
by a consolidated fire department established under
IC 36-3-1-6.1;
(7) a full-time police officer who is covered by this chapter before
the effective date of consolidation and becomes a member of the
consolidated law enforcement department as part of the
consolidation under IC 36-3-1-5.1, provided that the officer's
service as a member of the consolidated law enforcement
department is considered active service under this chapter; and
(8) except as otherwise provided, a full-time police officer who is
hired or rehired after the effective date of the consolidation by a
consolidated law enforcement department established under
IC 36-3-1-5.1; and
(9) a full-time, fully paid firefighter who:
(A) as of December 31, 2014, is a member of the 1977 fund
as a firefighter with a township fire department, fire
protection territory, or fire protection district within a
county; and
(B) after the transfer of fire protection responsibilities to
counties under IC 36-2-21 and IC 36-8-13.7 (effective
January 1, 2015) becomes a member of the county fire
department or a fire protection territory or fire protection
district within the county;
except as provided by section 7 of this chapter.
(1) For a unit that established a 1925 fund for its police officers, the local board described in IC 36-8-6-2.
(2) Except as provided in subdivision (3), for a unit that established a 1937 fund for its firefighters, the local board described in IC 36-8-7-3.
(3) This subdivision does not apply to a township in a county having a consolidated city. For a township that established a 1937 fund for its firefighters, "local board", after December 31, 2014, means the local board of the county.
(b) If a unit did not establish a 1925 fund for its police officers, a local board shall be composed in the same manner described in
IC 36-8-6-2(b). However, if there is not a retired member of the
department, no one shall be appointed to that position until such time
as there is a retired member.
(c) If a unit did not establish a 1937 fund for its firefighters, a local
board shall be composed in the same manner described in
IC 36-8-7-3(b). However, if there is not a retired member of the
department, no one shall be appointed to that position until such time
as there is a retired member.
(1) a police officer; or
(2) a firefighter;
who is less than thirty-six (36) years of age and who passes the baseline statewide physical and mental examinations required under section 19 of this chapter shall be a member of the 1977 fund and is not a member of the 1925 fund, the 1937 fund, or the 1953 fund.
(b) A police officer or firefighter with service before May 1, 1977, who is hired or rehired after April 30, 1977, may receive credit under this chapter for service as a police officer or firefighter prior to entry into the 1977 fund if the employer who rehires the police officer or firefighter chooses to contribute to the 1977 fund the amount necessary to amortize the police officer's or firefighter's prior service liability over a period of not more than forty (40) years, the amount and the period to be determined by the PERF board. If the employer chooses to make the contributions, the police officer or firefighter is entitled to receive credit for the police officer's or firefighter's prior years of service without making contributions to the 1977 fund for that prior service. In no event may a police officer or firefighter receive credit for prior years of service if the police officer or firefighter is receiving a benefit or is entitled to receive a benefit in the future from any other public pension plan with respect to the prior years of service.
(c) Except as provided in section 18 of this chapter, a police officer or firefighter is entitled to credit for all years of service after April 30, 1977, with the police or fire department of an employer covered by this chapter.
(d) A police officer or firefighter with twenty (20) years of service does not become a member of the 1977 fund and is not covered by this chapter, if the police officer or firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(e) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) was rehired after April 30, 1977, but before February 1, 1979;
and
(4) was made, before February 1, 1979, a member of a 1925,
1937, or 1953 fund.
(f) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired by the police or fire department of a unit before May
1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) is rehired by the police or fire department of another unit after
December 31, 1981; and
(4) is made, by the fiscal body of the other unit after December
31, 1981, a member of a 1925, 1937, or 1953 fund of the other
unit.
If the police officer or firefighter is made a member of a 1925, 1937, or
1953 fund, the police officer or firefighter is entitled to receive credit
for all the police officer's or firefighter's years of service, including
years before January 1, 1982.
(g) As used in this subsection, "emergency medical services" and
"emergency medical technician" have the meanings set forth in
IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
(1) is employed by a unit that is participating in the 1977 fund;
(2) was employed as an emergency medical technician by a
political subdivision wholly or partially within the department's
jurisdiction;
(3) was a member of the public employees' retirement fund during
the employment described in subdivision (2); and
(4) ceased employment with the political subdivision and was
hired by the unit's fire department due to the reorganization of
emergency medical services within the department's jurisdiction;
shall participate in the 1977 fund. A firefighter who participates in the
1977 fund under this subsection is subject to sections 18 and 21 of this
chapter.
(h) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the individual was
appointed as:
(1) a fire chief under a waiver under IC 36-8-4-6(c); or
(2) a police chief under a waiver under IC 36-8-4-6.5(c);
unless the executive of the unit requests that the 1977 fund accept the
individual in the 1977 fund and the individual previously was a
member of the 1977 fund.
(i) A police matron hired or rehired after April 30, 1977, and before
July 1, 1996, who is a member of a police department in a second or
third class city on March 31, 1996, is a member of the 1977 fund.
(j) A park ranger who:
(1) completed at least the number of weeks of training at the
Indiana law enforcement academy or a comparable law
enforcement academy in another state that were required at the
time the park ranger attended the Indiana law enforcement
academy or the law enforcement academy in another state;
(2) graduated from the Indiana law enforcement academy or a
comparable law enforcement academy in another state; and
(3) is employed by the parks department of a city having a
population of more than one hundred twenty thousand (120,000)
but less than one hundred fifty thousand (150,000);
is a member of the fund.
(k) Notwithstanding any other provision of this chapter, a police
officer or firefighter:
(1) who is a member of the 1977 fund before a consolidation
under IC 36-3-1-5.1, or IC 36-3-1-6.1, or IC 36-3-1-6.4;
(2) whose employer is consolidated into the consolidated law
enforcement department under IC 36-3-1-5.1 or the consolidated
fire department of a consolidated city under IC 36-3-1-5.1, or
IC 36-3-1-6.1, or IC 36-3-1-6.4; and
(3) who, after the consolidation, becomes an employee of the
consolidated law enforcement department under IC 36-3-1-5.1
or the consolidated fire department under IC 36-3-1-5.1 or
IC 36-3-1-6.1 or IC 36-3-1-6.4;
is a member of the 1977 fund without meeting the requirements under
sections 19 and 21 of this chapter.
(l) Notwithstanding any other provision of this chapter, if:
(1) before a consolidation under IC 8-22-3-11.6, a police officer
or firefighter provides law enforcement services or fire protection
services for an entity in a consolidated city;
(2) the provision of those services is consolidated into the consolidated law enforcement department under IC 36-3-1-5.1 or the consolidated fire department
(3) after the consolidation, the police officer or firefighter becomes an employee of the consolidated law enforcement department or the consolidated fire department under IC 8-22-3-11.6;
the police officer or firefighter is a member of the 1977 fund without meeting the requirements under sections 19 and 21 of this chapter.
(m) Notwithstanding any other provision of this chapter, a firefighter who:
(1) as of December 31, 2014, is a member of the 1977 fund as a firefighter with a township fire department, fire protection territory, or fire protection district within a county; and
(2) after the transfer of fire protection responsibilities to counties under IC 36-2-21 and IC 36-8-13.7 (effective January 1, 2015) becomes a member of the county fire department or a fire protection territory or fire protection district within the county;
is a member of the 1977 fund without meeting the requirements under sections 19 and 21 of this chapter. A firefighter described in this subsection is entitled to receive credit for all years of service as a member of the 1977 fund before becoming a member of the county fire department.
(1) may not be:
(2) shall receive credit for all years of service as a member of the 1977 fund before the consolidation described in subsection (k), (l), or (m);
solely because of a change in employer under the consolidation.
board shall make specific findings of fact in writing to support its
decision.
(b) The sheriff may temporarily suspend an officer with or without
pay for a period not exceeding fifteen (15) days, without a hearing
before the board, after preferring charges of misconduct in writing
delivered to the officer.
(c) A county police officer may not be dismissed, demoted, or
temporarily suspended because of political affiliation nor after the
officer's probationary period, except as provided in this section. Except
as provided in IC 3-5-9, an officer may:
(1) be a candidate for elective office and serve in that office if
elected;
(2) be appointed to an office and serve in that office if appointed;
and
(3) except when in uniform or on duty, solicit votes or campaign
funds for the officer or others.
(d) The board has subpoena powers enforceable by the circuit court
for hearings under this section. An officer on probation may be
dismissed by the sheriff without a right to a hearing.
(e) An appeal under subsection (a) must be taken by filing in court,
within thirty (30) days after the date the decision is rendered, a verified
complaint stating in a concise manner the general nature of the charges
against the officer, the decision of the board, and a demand for the
relief asserted by the officer. A bond must also be filed that guarantees
the appeal will be prosecuted to a final determination and that the
plaintiff will pay all costs only if the court finds that the board's
decision should be affirmed. The bond must be approved as bonds for
costs are approved in other cases. The county must be named as the
sole defendant and the plaintiff shall have a summons issued as in other
cases against the county. Neither the board nor the members of it may
be made parties defendant to the complaint, but all are bound by
service upon the county and the judgment rendered by the court.
(f) All appeals shall be tried by the court. The appeal shall be heard
de novo only upon any new issues related to the charges upon which
the decision of the board was made. Within ten (10) days after the
service of summons, the board shall file in court a complete written
transcript of all papers, entries, and other parts of the record relating to
the particular case. Inspection of these documents by the person
affected, or by the person's agent, must be permitted by the board
before the appeal is filed, if requested. The court shall review the
record and decision of the board on appeal.
(g) The court shall make specific findings and state the conclusions
of law upon which its decision is made. If the court finds that the
decision of the board appealed from should in all things be affirmed,
its judgment should so state. If the court finds that the decision of the
board appealed from should not be affirmed in all things, then the court
shall make a general finding, setting out sufficient facts to show the
nature of the proceeding and the court's decision on it. The court shall
either:
(1) reverse the decision of the board; or
(2) order the decision of the board to be modified.
(h) The final judgment of the court may be appealed by either party.
Upon the final disposition of the appeal by the courts, the clerk shall
certify and file a copy of the final judgment of the court to the board,
which shall conform its decisions and records to the order and
judgment of the court. If the decision is reversed or modified, then the
board shall pay to the party entitled to it any salary or wages withheld
from the party pending the appeal and to which the party is entitled
under the judgment of the court.
(i) Either party shall be allowed a change of venue from the court or
a change of judge in the same manner as such changes are allowed in
civil cases. The rules of trial procedure govern in all matters of
procedure upon the appeal that are not otherwise provided for by this
section.
(j) An appeal takes precedence over other pending litigation and
shall be tried and determined by the court as soon as practical.
(1) Fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, and real property within the boundaries of the district.
(2) Fire prevention, including identification and elimination of all potential and actual sources of fire hazard.
(3) Other purposes or functions related to fire protection and fire prevention.
(b) Any area may be established as a fire protection district, but one (1) part of a district may not be completely separate from another part. A municipality may be included in a district, but only if it consents by ordinance, unless a majority of the freeholders of the municipality have petitioned to be included in the district.
(c) Except as provided in subsection (d), the territory of a district
may consist of:
(1) one (1) or more townships and parts of one (1) or more
townships in the same county; or
(2) all of the townships in the same county.
The boundaries of a district need not coincide with those of other
political subdivisions.
(d) The territory of a district may consist of a municipality that is
located in more than one (1) county.
(e) The transfer of fire protection responsibilities to counties
under IC 36-2-21 and IC 36-8-13.7 (effective January 1, 2015) does
not terminate a fire protection district in existence under this
chapter as of January 1, 2015. On January 1, 2015, a county not
having a consolidated city shall assume any powers, duties, rights,
and obligations under this chapter of each township in the county
participating in a district.
(1) has the same powers and duties as a township executive with respect to fire protection functions, including those duties and powers prescribed by IC 36-8-13 and (after December 31, 2014) IC 36-8-13.7, although all cooperative and joint actions permitted by
(2) has the same powers and duties as a township executive relative to contracting with volunteer firefighting companies, as prescribed by IC 36-8-12,
(3) shall appoint, fix the compensation, and prescribe the duties of a fiscal officer, secretarial staff, persons performing special and temporary services or providing legal counsel, and other personnel considered necessary for the proper functioning of the district; however, a person appointed as fiscal officer must be bonded by good and sufficient sureties in an amount ordered by the county legislative body to protect the district from financial loss;
(4) shall exercise general supervision of and make regulations for the administration of the district's affairs;
(5) shall prescribe uniform rules pertaining to investigations and hearings;
(6) shall supervise the fiscal affairs and responsibilities of the district;
(7) may delegate to employees of the district the authority to
perform ministerial acts, except in cases in which final action of
the board is necessary;
(8) shall keep accurate and complete records of all departmental
proceedings, record and file all bonds and contracts, and assume
responsibility for the custody and preservation of all papers and
documents of the district;
(9) shall make an annual report to the executive and the fiscal
body of the county that at least lists the financial transactions of
the district and a statement of the progress in accomplishing the
purposes for which the district has been established;
(10) shall adopt a seal and certify all official acts;
(11) may sue and be sued collectively by its legal name ("Board
of Fire Trustees, __________ Fire Protection District"), with
service of process made on the chairman of the board, but costs
may not be taxed against the members individually in an action;
(12) may invoke any legal, equitable, or special remedy for the
enforcement of this chapter or of proper action of the board taken
in a court;
(13) shall prepare and submit to the fiscal body of the county an
annual budget for operation and maintenance expenses and for the
retirement of obligations of the district, subject to review and
approval by the fiscal body;
(14) may, if advisable, establish one (1) or more advisory
committees;
(15) may enter into agreements with and accept money from a
federal or state agency and enter into agreements with a
municipality located within or outside the district, whether or not
the municipality is a part of the district, for a purpose compatible
with the purposes for which the district exists and with the
interests of the municipality;
(16) may accept gifts of money or other property to be used for
the purposes for which the district is established;
(17) may levy taxes at a uniform rate on the real and personal
property within the district;
(18) may issue bonds and tax anticipation warrants;
(19) may incur other debts and liabilities;
(20) may purchase or rent property;
(21) may sell services or property that are produced incident to
the operations of the district making a fair and reasonable charge
for it;
(22) may make contracts or otherwise enter into agreements with
public or private persons and federal or state agencies for
construction, maintenance, or operations of or in part of the
district;
(23) may receive and disburse money; and
(24) may impose a false alarm fee or service charge under
IC 36-8-13-4 or (after December 31, 2014) IC 36-8-13.7-7.
(b) Powers granted by this chapter may be used only to accomplish
the purpose or purposes as stated in the ordinance or resolution
establishing the district. However, an act of the board necessary and
proper to accomplish the purposes for which the district is established
is not invalid because it incidentally accomplishes a purpose other than
one for which the district is established.
(b) After December 31, 2014, this chapter:
(1) also applies to counties not having a consolidated city; and
(2) does not apply to a township located in a county not having a consolidated city.
(c) On January 1, 2015, a county not having a consolidated city shall assume the powers, duties, rights, and obligations under this chapter of each township in the county.
related fire (as defined in IC 13-11-2-96(b)):
(1) that is responded to by the volunteer fire department; and
(2) that members of that volunteer fire department assisted in
extinguishing, containing, or cleaning up.
A second or subsequently responding volunteer fire department may
not impose a charge on an owner or responsible party under this
section, although it may be entitled to reimbursement from the first
responding volunteer fire department in accordance with an interlocal
or other agreement.
(b) A volunteer fire department that is funded, in whole or in part:
(1) by taxes imposed by a unit; or
(2) by a contract with a unit;
may not impose a charge under subsection (a) on a natural person who
resides or pays property taxes within the boundaries of the unit
described in subdivision (1) or (2), unless the spill or the chemical or
hazardous material fire poses an imminent threat to persons or
property.
(c) The volunteer fire department shall bill the owner or responsible
party of the vehicle for the total dollar value of the assistance that was
provided, with that value determined by a method that the state fire
marshal shall establish under section 16 of this chapter. A copy of the
fire incident report to the state fire marshal must accompany the bill.
This billing must take place within thirty (30) days after the assistance
was provided. The owner or responsible party shall remit payment
directly to the governmental unit providing the service. Any money that
is collected under this section may be:
(1) deposited in the township firefighting fund established in
IC 36-8-13-4 or the county firefighting fund established under
IC 36-8-13.7-5;
(2) used to pay principal and interest on a loan made by the
department of homeland security established by IC 10-19-2-1 or
a division of the department for the purchase of new or used
firefighting and other emergency equipment or apparatus; or
(3) used for the purchase of equipment, buildings, and property
for firefighting, fire protection, and other emergency services.
(d) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(e) An agent who processes fees on behalf of a fire department shall
send all bills, notices, and other related materials to both the fire
department and the person being billed for services.
(f) All fees allowed by Indiana law and the fire marshal's fee
schedule must be itemized separately from any other charges.
(g) The volunteer fire department may maintain a civil action to
recover an unpaid charge that is imposed under subsection (a) and may,
if it prevails, recover all costs of the action, including reasonable
attorney's fees.
(1) At the following times, the department gives notice under IC 5-3-1-4(d) in each political subdivision served by the department of the amount of the service charge for each service that the department provides:
(A) Before the schedule of service charges is initiated.
(B) When there is a change in the amount of a service charge.
(2) The property owner has not sent written notice to the department to refuse service by the department to the owner's property.
(3) The bill for payment of the service charge:
(A) is submitted to the property owner in writing within thirty (30) days after the services are provided;
(B) includes a copy of a fire incident report in the form prescribed by the state fire marshal, if the service was provided for an event that requires a fire incident report;
(C) must contain verification that the bill has been approved by the chief of the volunteer fire department; and
(D) must contain language indicating that correspondence from the property owner and any question from the property owner regarding the bill should be directed to the department.
(4) Payment is remitted directly to the governmental unit providing the service.
(b) A volunteer fire department shall use the revenue collected from the fire service charges under this section:
(1) for the purchase of equipment, buildings, and property for firefighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting fund established under IC 36-8-13-4 or the county firefighting fund established under
IC 36-8-13.7-5; or
(3) to pay principal and interest on a loan made by the department
of homeland security established by IC 10-19-2-1 or a division of
the department for the purchase of new or used firefighting and
other emergency equipment or apparatus.
(c) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department shall
send all bills, notices, and other related materials to both the fire
department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's fee
schedule must be itemized separately from any other charges.
(f) If at least twenty-five percent (25%) of the money received by a
volunteer fire department for providing fire protection or emergency
services is received under one (1) or more contracts with one (1) or
more political subdivisions (as defined in IC 34-6-2-110), the
legislative body of a contracting political subdivision must approve the
schedule of service charges established under subsection (a) before the
schedule of service charges is initiated in that political subdivision.
(g) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire
protection or emergency services; and
(2) charges for services under this section;
must submit a report to the legislative body of the political subdivision
before April 1 of each year indicating the amount of service charges
collected during the previous calendar year and how those funds have
been expended.
(h) The state fire marshal shall annually prepare and publish a
recommended schedule of service charges for fire protection services.
(i) The volunteer fire department or its agent may maintain a civil
action to recover an unpaid service charge under this section and may,
if it prevails, recover all costs of the action, including reasonable
attorney's fees.
apparatus or personnel to a building or premises in the township
political subdivision in response to:
(1) an alarm caused by improper installation or improper
maintenance; or
(2) a drill or test, if the fire department is not previously notified
that the alarm is a drill or test.
However, if the owner of property that constitutes the owner's residence
establishes that the alarm is under a maintenance contract with an
alarm company and that the alarm company has been notified of the
improper installation or maintenance of the alarm, the alarm company
is liable for the payment of the fee or service charge.
(b) Before establishing a false alarm service charge, the volunteer
fire department must provide notice under IC 5-3-1-4(d) in each
political subdivision served by the department of the amount of the
false alarm service charge. The notice required by this subsection must
be given:
(1) before the false alarm service charge is initiated; and
(2) before a change in the amount of the false alarm service
charge.
(c) A volunteer fire department may not collect a false alarm service
charge from a property owner or alarm company unless the
department's bill for payment of the service charge:
(1) is submitted to the property owner in writing within thirty (30)
days after the false alarm; and
(2) includes a copy of a fire incident report in the form prescribed
by the state fire marshal.
(d) A volunteer fire department shall use the money collected from
the false alarm service charge imposed under this section:
(1) for the purchase of equipment, buildings, and property for fire
fighting, fire protection, or other emergency services;
(2) for deposit in:
(A) before January 1, 2015, the township firefighting fund
established under IC 36-8-13-4; or
(B) after December 31, 2014, the township firefighting fund
established under IC 36-8-13-4 (in the case of a township
that is located in a county having a consolidated city and
that has not consolidated the township's fire department
under IC 36-3-1-6.1) or the county firefighting fund
established under IC 36-8-13.7-5 (in the case of a county
not having a consolidated city); or
(3) to pay principal and interest on a loan made by the department
of homeland security established by IC 10-19-2-1 or a division of
the department for the purchase of new or used firefighting and
other emergency equipment or apparatus.
(e) If at least twenty-five percent (25%) of the money received by a
volunteer fire department for providing fire protection or emergency
services is received under one (1) or more contracts with one (1) or
more political subdivisions (as defined in IC 34-6-2-110), the
legislative body of a contracting political subdivision must approve the
false alarm service charge established under subsection (a) before the
service charge is initiated in that political subdivision.
(f) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire
protection or emergency services; and
(2) imposes a false alarm service charge under this section;
must submit a report to the legislative body of the political subdivision
before April 1 of each year indicating the amount of false alarm
charges collected during the previous calendar year and how those
funds have been expended.
(g) The volunteer fire department may maintain a civil action to
recover unpaid false alarm service charges imposed under this section
and may, if it prevails, recover all costs of the action, including
reasonable attorney's fees.
(1) is established under IC 36-8-2-3,
(2) employs:
(A) both full-time paid members and volunteer members; or
(B) only full-time paid members.
(1) The general fund of the unit that established the fire department under IC 36-8-2-3,
(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.
(1) to a township in which the fire department of the township has been consolidated under IC 36-3-1-6.1; or
(2) after December 31, 2014, to a township located in a county not having a consolidated city.
Chapter 13.6. County Fire Protection and Emergency Services Plan
Sec. 1. This chapter does not apply to a county having a consolidated city.
Sec. 2. As used in this chapter, "county plan" means a county fire protection and emergency services plan.
Sec. 3. (a) This section applies only to a county in which a majority of voters vote "no" on a public question under IC 36-6-6.3.
(b) In a county described in subsection (a), the county board of trustees established under IC 36-2-3.6 shall before July 1, 2013, prepare a county plan and submit the county plan to the county legislative body for review and approval.
(c) Except as provided in subsection (d), after a county legislative body receives a county plan submitted under subsection (b), the county legislative body shall review the county plan during at least two (2) public meetings at which the public and any interested parties shall have the opportunity to comment on the county plan.
(d) If a county board of trustees does not prepare and submit a county plan to the county legislative body before July 1, 2013, the county legislative body shall instead prepare the proposed county plan. The public meeting and comment provisions of subsection (c) apply to a plan prepared under this subsection.
Sec. 4. (a) This section applies only to a county in which a
majority of voters vote "yes" on a public question under
IC 36-6-6.3.
(b) In a county described in subsection (a), the county legislative
body shall propose a county plan.
(c) After the county legislative body proposes a county plan
under subsection (b), the county legislative body shall review the
county plan during at least two (2) public meetings at which the
public and any interested parties shall have the opportunity to
comment on the county plan.
Sec. 5. (a) A county legislative body shall before January 1,
2014, adopt an ordinance finally approving:
(1) the county plan as submitted by the county board of
trustees under section 3(b) of this chapter or as proposed by
the county legislative body under section 4(b) of this chapter;
(2) the county plan as subsequently amended by the county
legislative body after the county plan is submitted by the
county board of trustees under section 3(b) of this chapter or
proposed by the county legislative body under section 4(b) of
this chapter; or
(3) the county plan as prepared by the county legislative body
under section 3(d) of this chapter.
(b) If a county legislative body does not adopt an ordinance
finally approving a county plan under subsection (a) before
January 1, 2014, the division of fire and building safety established
by IC 10-19-7-1 shall instead adopt the county plan for that county.
Sec. 6. A county legislative body may periodically amend the
ordinance setting forth the county plan.
Sec. 7. (a) A county plan must provide that after December 31,
2014, the county is responsible for fire protection and emergency
services in the unincorporated areas of the county.
(b) A county plan must include the following:
(1) A comprehensive plan providing for fire protection,
emergency medical services, and hazardous materials
response in the unincorporated areas of the county in an
efficient and cost effective manner. The plan must describe
the facilities, equipment, and personnel that will be used to
provide fire protection and emergency services in the
unincorporated areas of the county.
(2) A description of the standards of service and protocols for
fire protection and emergency service.
(3) A plan specifying the transition of fire protection and
emergency services from existing township fire departments
and other providers of fire protection and emergency services
to county administered fire protection and emergency services
in the unincorporated areas of the county.
(4) A description of:
(A) the organization of the county fire department; and
(B) any residency requirements that will apply to members
of the county fire department.
(5) A description of any fire protection districts, fire
protection territories, volunteer fire departments, or other
units of government that will be established or used to provide
fire protection service or with which the county will contract
or otherwise enter into an agreement for fire protection and
emergency services. The county plan must provide that the
executive of the county will provide for fire protection and
emergency services in the unincorporated areas of the county
through any combination of the following:
(A) The operation of a county fire department.
(B) Contracting with or otherwise cooperating with any
municipality, county, fire protection district, volunteer fire
department, fire protection territory, or other entity.
Chapter 13.7. County Fire Protection and Emergency Services
Sec. 1. This chapter does not apply to a county having a consolidated city.
Sec. 2. As used in this chapter, "county plan" means a county fire protection and emergency services plan approved under IC 36-8-13.6.
Sec. 3. (a) Beginning January 1, 2015, the executive of a county shall provide for fire protection and emergency services in the unincorporated areas of the county in the manner specified in the county plan.
(b) As provided in IC 36-2-21, in carrying out fire protection and emergency services responsibilities, the county executive shall, as provided in the county plan, provide for fire protection and emergency services in the unincorporated areas of the county through any combination of:
(1) operating a county fire department;
(2) contracting with or otherwise cooperating with any municipality, county, fire protection district, volunteer fire department, fire protection territory, or other entity; or
(3) entering into mutual aid agreements.
Sec. 4. (a) The executive of a county, with the approval of the county fiscal body and according to the county plan, may do the following in carrying out the county's responsibility to provide fire protection and emergency services in the unincorporated areas of the county after December 31, 2014:
(1) Purchase firefighting and emergency services apparatus and equipment for the county, provide for the housing, care, maintenance, operation, and use of the apparatus and equipment to provide services within the unincorporated areas of the county, and employ full-time or part-time personnel to operate the apparatus and equipment and to provide services in that area. Preference in employment under this section shall be given according to the following priority:
(A) A war veteran who has been honorably discharged from the United States armed forces.
(B) A person whose mother or father was a:
(i) firefighter of a unit;
(ii) municipal police officer; or
(iii) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
A person described in this subdivision may not receive a preference for employment unless the person applies for employment and meets all employment requirements prescribed by law, including physical and age requirements, and all employment requirements prescribed by the fire department.
(2) Contract in accordance with IC 36-1-7 with a municipality in the county or in a contiguous county that maintains adequate firefighting or emergency services apparatus and equipment to provide fire protection or emergency services.
(3) Cooperate in accordance with IC 36-1-7 with a municipality in the county or in a contiguous county in the purchase, maintenance, and upkeep of firefighting or emergency services apparatus and equipment for use in the municipality and county.
(4) Contract with a volunteer fire department for the use and operation of firefighting apparatus and equipment that has been purchased by the county in order to save the private and public property of the county from destruction by fire, including use of the apparatus and equipment in an adjoining county by the volunteer fire department if the volunteer fire
department has made a contract with the executive of the
adjoining county to furnish firefighting service within the
county.
(5) Contract with a volunteer fire department that maintains
adequate firefighting service in accordance with IC 36-8-12.
(b) This subsection applies only to a municipality whose
municipal territory is completely within a county and that does not
have a full-time paid fire department. The county may provide fire
protection or emergency services, or both, without contracts inside
the corporate boundaries of the municipality if before July 1 of a
year both of the following occur:
(1) The legislative body of the municipality adopts an
ordinance to have the county provide the services without a
contract.
(2) The county fiscal body passes a resolution approving the
county's provision of the services to the municipality without
a contract.
In a county providing services to a municipality under this section,
the legislative body of a municipality in the county, the county
fiscal body, or the county executive may opt out of participation
under this subsection by adopting an ordinance or resolution
before July 1 of a year.
Sec. 5. (a) Each county shall establish a county firefighting fund
that is the exclusive fund used by the county for the payment of
costs attributable to providing fire protection or emergency
services under section 4 of this chapter and for no other purposes.
The money in the fund may be paid out by the county executive
upon appropriation by the county fiscal body.
(b) Each county may levy, for property taxes due in 2015 and
thereafter, a tax for the county firefighting fund. Other than a
county providing fire protection or emergency services, or both, to
municipalities in the county under section 4(b) of this chapter, the
tax levy is on all taxable real and personal property in the county
that is outside the corporate boundaries of municipalities. Subject
to the levy limitations under IC 6-1.1-18.5, the county levy must be
in an amount sufficient to pay all costs attributable to fire
protection and emergency services that are not paid from other
revenues available to the fund. The tax rate and levy must be
established in accordance with the procedures set forth in
IC 6-1.1-17.
(c) In addition to the tax levy under this section and service
charges received under IC 36-8-12-13 and IC 36-8-12-16, the
executive may accept donations to the county for firefighting and
other emergency services and shall place the donations in the
county firefighting fund, keeping an accurate record of the sums
received. A person may also donate partial payment of any
purchase of firefighting or other emergency services equipment
made by the county.
Sec. 6. (a) This section applies to a county that provides fire
protection or emergency services, or both, to a municipality in the
county under section 4(b) of this chapter.
(b) With the consent of the county fiscal body, the county
executive shall pay the expenses for fire protection and emergency
services in the county, both inside and outside the corporate
boundaries of participating municipalities, from any combination
of the following county funds, regardless of when the funds were
established:
(1) The county firefighting fund under section 5(a) of this
chapter.
(2) The cumulative building and equipment fund under
IC 36-8-14.
(3) The debt fund for taxes levied under section 10 of this
chapter.
(c) Subject to the levy limitations under IC 6-1.1-18.5, the tax
rate and levy for the county firefighting fund, the cumulative
building and equipment fund, or the debt fund must be in an
amount sufficient to pay all costs attributable to fire protection or
emergency services that are provided to the county and the
participating municipalities that are not paid from other available
revenues. The tax rate and levy for each fund must be established
in accordance with the procedures set forth in IC 6-1.1-17 and
apply both inside and outside the corporate boundaries of
participating municipalities.
(d) The county executive may accept donations for firefighting
and emergency services. The county executive shall place donations
in the county firefighting fund. A person may donate partial
payment of a purchase of firefighting or emergency services
equipment made by the county.
Sec. 7. (a) If a fire department serving a county dispatches fire
apparatus or personnel to a building or premises in the county in
response to:
(1) an alarm caused by improper installation or improper
maintenance of the alarm; or
(2) a drill or test, if the fire department is not previously
notified that the alarm is a drill or test;
the county may impose a fee or service charge upon the owner of
the property. However, if the owner of property that constitutes
the owner's residence establishes that the alarm is under a
maintenance contract with an alarm company and that the alarm
company has been notified of the improper installation or
maintenance of the alarm, the alarm company is liable for the
payment of the fee or service charge.
(b) The amount of a fee or service charge imposed under
subsection (a) shall be determined by the county legislative body.
All money received by the county from the fee or service charge
must be deposited in the county's firefighting fund established
under section 5 of this chapter.
Sec. 8. (a) For counties and municipalities that elect to have the
county provide fire protection and emergency services under
section 4(b) of this chapter, the department of local government
finance shall adjust each county's and each municipality's
maximum permissible ad valorem property tax levy in the year
following the year in which the election is made, as determined
under IC 6-1.1-18.5-3, to reflect the change from provision of fire
protection under a contract between the municipality and the
county to imposition by the county of a property tax levy on the
taxable property located within the corporate boundaries of each
municipality. Each municipality's maximum permissible ad
valorem property tax levy shall be reduced by the amount of the
municipality's property tax levy that was imposed by the
municipality to meet the obligations to the county under the fire
protection contract. The county's maximum permissible ad
valorem property tax levy shall be increased by the product of:
(1) the assessed value growth quotient determined under
IC 6-1.1-18.5-2 for the ensuing calendar year; multiplied by
(2) the amount the county received:
(A) in the year in which the election is made; and
(B) as fire protection contract payments from all
municipalities whose levy is decreased under this section.
(b) For purposes of determining a county's or municipality's
maximum permissible ad valorem property tax levy under
IC 6-1.1-18.5-3 for years following the first year after the year in
which the election is made, a county's or municipality's maximum
permissible ad valorem property tax levy is the levy after the
adjustment made under subsection (a).
Sec. 9. After a sufficient appropriation has been made and
approved and is available for the purchase of firefighting
apparatus and equipment, including housing, the county executive,
with the approval of the county fiscal body, may purchase
firefighting apparatus and equipment for the county on an
installment conditional sale or mortgage contract running for a
period not exceeding:
(1) six (6) years; or
(2) fifteen (15) years for a county that is purchasing the
firefighting equipment with funding from the:
(A) state or its instrumentalities; or
(B) federal government or its instrumentalities.
The purchase must be amortized in equal or approximately equal
installments payable on January 1 and July 1 each year.
Sec. 10. (a) Subject to section 11 of this chapter and subject to
approval of the county fiscal body, the county executive and county
legislative body, on behalf of the county, also may borrow the
money necessary to make a purchase of firefighting apparatus and
equipment from a financial institution in Indiana on the terms
described in section 9 of this chapter. The county executive and
county legislative body shall, on behalf of the county, execute and
deliver to the institution the negotiable note or bond of the county
for the sum borrowed. The note or bond must bear interest, with
both principal and interest payable in equal or approximately
equal installments on January 1 and July 1 each year over a period
not exceeding six (6) years.
(b) The first installment of principal and interest on a contract,
chattel mortgage, note, or bond is due on the next January 1 or
July 1 following the first tax collection for which it is possible for
the county to levy a tax. The county fiscal body shall levy a tax each
year sufficient to pay the obligation according to its terms and shall
appropriate the proceeds of the tax for this purpose. An obligation
of the county executed under this chapter is a valid and binding
obligation of the county.
Sec. 11. (a) If the county executive and the legislative body
determine that money should be borrowed under section 10 of this
chapter, not less than ten (10) taxpayers in the county who disagree
with the determination may file a petition in the office of the
county auditor not more than thirty (30) days after notice of the
determination is given. The petition must state the taxpayers'
objections and the reasons why the taxpayers believe the
borrowing to be unnecessary or unwise.
(b) The county auditor shall immediately certify a copy of the
petition, together with other data necessary to present the
questions involved, to the department of local government finance.
Upon receipt of the certified petition and other data, the
department of local government finance shall fix a date, time, and
place for the hearing of the matter. The hearing shall be held not
less than five (5) days and not more than thirty (30) days after the
receipt of the certified documents.
(c) The hearing shall be held in the county where the petition
arose.
(d) Notice of the hearing shall be given by the department of
local government finance to the county and to the first ten (10)
petitioners listed on the petition by letter. The letter shall be sent
to each of the first ten (10) petitioners at the petitioner's usual
place of residence at least five (5) days before the date of the
hearing.
(e) A:
(1) taxpayer who signed a petition filed under subsection (a);
or
(2) county against which a petition under subsection (a) is
filed;
may petition for judicial review of the final determination of the
department of local government finance under this section. The
petition must be filed in the tax court not more than forty-five (45)
days after the date of the department's final determination.
Sec. 12. (a) All purchases of firefighting apparatus and
equipment under this chapter shall be made in the manner
provided by statute for the purchase of county supplies. If the
amount involved is sufficient to require notice under statutes for
bids in connection with the purchase of apparatus or equipment,
the notice must offer all bidders the opportunity of proposing to
sell the apparatus or equipment to the county upon a conditional
sale or mortgage contract.
(b) A bidder proposing to sell on a conditional sale or mortgage
contract shall state in the bidder's bid the proposed interest rate
and terms of the conditional sale or contract, to be considered by
the county executive and legislative body in determining the best
bid received.
(c) All bids submitted must specify the cash price at which the
bidder proposes to sell the apparatus or equipment to the county
so that the executive and legislative body may determine whether
it is in the best interest of the county to purchase the apparatus or
equipment on the terms of a conditional sale or mortgage contract
proposed by the bidder or to purchase the apparatus or equipment
for cash if sufficient funds are available or can be raised by
negotiating a loan with a financial institution in accordance with
section 10 of this chapter.
Sec. 13. A county having a regularly organized fire department
employing full-time firefighters may procure at the county's
expense:
(1) an insurance policy for each member of the fire
department insuring the member against loss of life or
dismemberment while in the performance of regularly
assigned duties; and
(2) group insurance providing supplemental income
protection for a member of the fire department who has been
injured during the course of employment.
The insurance coverage shall be selected with the consent of the
members and is supplemental to other benefits provided to an
injured member by law.
Sec. 14. (a) A county shall pay the expenses, as described in
subsection (b), necessary for the care of a full-time paid firefighter
who:
(1) suffers an injury; or
(2) contracts an illness;
during the performance of the firefighter's duty.
(b) The county shall pay for the following expenses incurred by
a firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents
and means.
(3) X-ray, diagnostic, and therapeutic services, including
during the recovery period.
(4) Hospital and special nursing care if the physician or
surgeon in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from
the county firefighting fund established under section 5 of this
chapter.
(d) A county that has paid for the care of a firefighter under
subsection (a) has a cause of action for reimbursement of the
amount paid under subsection (a) against any third party against
whom the firefighter has a cause of action for an injury sustained
because of, or an illness caused by, the third party. The county's
cause of action under this subsection is in addition to, and not in
lieu of, the cause of action of the firefighter against the third party.
Sec. 15. Notwithstanding section 5 of this chapter, a county fiscal body may after December 31, 2014, authorize the county executive to borrow a specified sum from a county fund other than the county firefighting fund established under section 5 of this chapter if the county fiscal body finds that an emergency requiring the expenditure of money is related to paying the operating expenses of a county fire department or a volunteer fire department. The county fiscal body shall provide for payment of the debt by imposing a levy to the credit of the fund from which the amount was borrowed under this subsection.
(b) After December 31, 2014, this chapter:
(1) also applies to counties to which fire protection duties and responsibilities are transferred under IC 36-2-21; and
(2) does not apply to townships located in a county described in subdivision (1).
However, a county described in subdivision (1) may, before January 1, 2015, take any action required under this chapter that is necessary to provide for the cumulative building and equipment fund to be established in 2015 and to impose the property tax levy under this chapter beginning in 2015.
(b) As used in this section, "volunteer fire department" has the meaning set forth in IC 36-8-12-2.
(c) The legislative body of a unit or the board of fire trustees of a fire protection district may provide a cumulative building and equipment fund under IC 6-1.1-41 for the following purposes:
(1) The:
(A) purchase, construction, renovation, or addition to buildings; or
(B) purchase of land;
used by the fire department or a volunteer fire department serving the unit.
(2) The purchase of firefighting equipment for use of the fire department or a volunteer fire department serving the unit, including making the required payments under a lease rental with
option to purchase agreement made to acquire the equipment.
(3) In a municipality, the purchase of police radio equipment.
(4) The:
(A) purchase, construction, renovation, or addition to a
building;
(B) purchase of land; or
(C) purchase of equipment;
for use of a provider of emergency medical services under
IC 16-31-5 to the unit establishing the fund.
(d) In addition to the requirements of IC 6-1.1-41, before a
cumulative fund may be established by a township fire protection
district, the county legislative body which appoints the trustees of the
fire protection district must approve the establishment of the fund.
(e) This subsection does not apply to a county having a
consolidated city. The following apply on January 1, 2015:
(1) A cumulative building and equipment fund is established
for each county. The adoption and approval provisions of
IC 6-1.1-41 do not apply to the establishment of the fund
under this subsection. The provisions of IC 6-1.1-41
concerning the adoption of a tax levy apply to the fund.
However, a county may before January 1, 2015, take any
action required under this chapter that is necessary to provide
for the cumulative building and equipment fund to be
established in 2015 and to impose the property tax levy under
this chapter beginning in 2015.
(2) Each cumulative building and equipment fund established
by a township in the county is abolished, and the balance in
the township's cumulative building and equipment fund shall
be transferred to the county's cumulative building and
equipment fund established under subdivision (1).
(b) As the tax is collected, it shall be deposited in a qualified public depository or depositories and held in a special fund to be known as:
(1) the "building or remodeling, firefighting, and police radio equipment fund" in the case of a municipality; or
(2) the "building or remodeling and fire equipment fund" in the case of a township, a county (after December 31, 2014, in the case of a county not having a consolidated city), or a fire protection district.
(b) As used in this section, "PSAP operator" means:
(1) a political subdivision; or
(2) an agency;
that operates a PSAP. The term does not include any entity described in subsection (c)(1) through (c)(3).
(c) Subject to subsection (d), after December 31, 2014, a county may not contain more than two (2) PSAPs in the case of a county having a consolidated city, or one (1) PSAP, in the case of a county not having a consolidated city. However, a county may contain one (1) or more PSAPs in addition to the number of PSAPs authorized by this section, as long as any additional PSAPs are operated:
(1) by a state educational institution;
(2) by an airport authority established for a county having a consolidated city; or
(3) in a county having a consolidated city, by an excluded city (as defined in IC 36-3-1-7).
(d) If, on
(1) a state educational institution; or
(2) in the case of a county having a consolidated city, an airport authority established for the county.
(e)
subsection (c) after December 31, 2014.
(f) This subsection applies only to an interlocal agreement
concerning PSAPs located in a county having a consolidated city.
An interlocal agreement required under subsection (e) may include as
parties, in addition to the PSAP operators required to enter into the
interlocal agreement under subsection (e), any of the following that
seek to be served by a county's authorized PSAPs after December 31,
2014:
(1) Other counties contiguous to the county.
(2) Other political subdivisions in a county contiguous to the
county.
(3) Other PSAP operators in a county contiguous to the county.
(g) This subsection applies only to an interlocal agreement
concerning PSAPs located in a county having a consolidated city.
An interlocal agreement required under subsection (e) must provide for
the following:
(1) A plan for the:
(A) consolidation;
(B) reorganization; or
(C) elimination;
of one (1) or more of the county's PSAPs, as necessary to ensure
that the county does not contain more than the number of PSAPs
authorized by subsection (c) after December 31, 2014.
(2) A plan for funding and staffing the PSAP or PSAPs that will
serve:
(A) the county; and
(B) any areas contiguous to the county, if additional parties
described in subsection (f) participate in the interlocal
agreement;
after December 31, 2014.
(3) Subject to any applicable state or federal requirements,
protocol to be followed by the county's PSAP or PSAPs in:
(A) receiving incoming 911 calls; and
(B) dispatching appropriate public safety agencies to respond
to the calls;
after December 31, 2014.
(4) Any other matters that the participating PSAP operators or
parties described in subsection (f), if any, determine are necessary
to ensure that the county does not contain more than the number
of PSAPs authorized by subsection (c) after December 31, 2014.
(h) This subsection applies only to PSAP operators located in a
county not having a consolidated city. PSAP operators shall adopt
an interlocal agreement that provides for the following:
(1) The agreement must provide for the funding and staffing
of the PSAP that after December 31, 2014, will serve the
county and (if additional parties participate in the PSAP
through interlocal agreement) any areas contiguous to the
county.
(2) The agreement must provide that, to the extent property
taxes are used to fund the PSAP, those property taxes shall
(beginning with property taxes first due and payable after
December 31, 2014) be imposed at a uniform rate throughout
the county.
(3) Subject to any applicable state or federal requirements,
the agreement must specify the protocol to be followed by the
county's PSAP in:
(A) receiving incoming 911 calls; and
(B) dispatching appropriate public safety agencies to
respond to the calls;
after December 31, 2014.
(4) The agreement must address any other matters that are
necessary to ensure that the county does not contain more
than one (1) PSAP after December 31, 2014.
(h) (i) This section may not be construed to require a county to
contain a PSAP.
(b) The following apply if a township is a participating unit in a fire protection territory as of January 1, 2015:
(1) Subject to subdivision (2), on January 1, 2015, the county shall assume the powers, duties, rights, responsibilities, and obligations under this chapter previously held by the township that was a participating unit.
(2) A county legislative body may withdraw as otherwise provided in this chapter from the fire protection territory, as specified in the county fire protection and emergency services plan.
(3) The department of local government finance shall make any necessary adjustments to the maximum permissible ad valorem property tax levy for the county firefighting fund to account for any transfer of powers, duties, rights, responsibilities, and obligations under this section.
(1) Fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, and real property within the boundaries of the territory.
(2) Fire prevention, including identification and elimination of all potential and actual sources of fire hazard.
(3) Other purposes or functions related to fire protection and fire prevention.
(b) Not more than one (1) unit within the proposed territory may be designated as the provider unit for the territory.
(c) The boundaries of a territory need not coincide with those of other political subdivisions.
(d) This subsection does not apply to a county having a consolidated city, unless the county is subject to IC 36-6-6.6. A township may not after December 31, 2012, establish a fire protection territory without the approval of the legislative body of the county in which the township is located.
(b) The fund consists of the following:
(1) All receipts from the tax imposed under this section.
(2) Any money transferred to the fund by the provider unit as authorized under subsection (d).
(3) Any receipts from a false alarm fee or service charge imposed
by the participating units under IC 36-8-13-4 or IC 36-8-13.7-7.
(4) Any money transferred to the fund by a participating unit
under section 8.6 of this chapter.
(c) The provider unit, with the assistance of each of the other
participating units, shall annually budget the necessary money to meet
the expenses of operation and maintenance of the fire protection
services within the territory, plus a reasonable operating balance, not
to exceed twenty percent (20%) of the budgeted expenses. Except as
provided in IC 6-1.1-18.5-10.5, after estimating expenses and receipts
of money, the provider unit shall establish the tax levy required to fund
the estimated budget. The amount budgeted under this subsection shall
be considered a part of each of the participating unit's budget.
(d) If the amount levied in a particular year is insufficient to cover
the costs incurred in providing fire protection services within the
territory, the provider unit may transfer from available sources to the
fire protection territory fund the money needed to cover those costs. In
this case:
(1) the levy in the following year shall be increased by the amount
required to be transferred; and
(2) the provider unit is entitled to transfer the amount described
in subdivision (1) from the fund as reimbursement to the provider
unit.
(e) If the amount levied in a particular year exceeds the amount
necessary to cover the costs incurred in providing fire protection
services within the territory, the levy in the following year shall be
reduced by the amount of surplus money that is not transferred to the
equipment replacement fund established under section 8.5 of this
chapter. The amount that may be transferred to the equipment
replacement fund may not exceed five percent (5%) of the levy for that
fund for that year. Each participating unit must agree to the amount to
be transferred by adopting an ordinance (if the unit is a county or
municipality) or a resolution (if the unit is a township) that specifies an
identical amount to be transferred.
(f) The tax under this section is subject to the tax levy limitations
imposed under IC 6-1.1-18.5-10.5.
(b) This subsection applies after December 31, 2014. Any reference in this chapter to "township board" is considered a reference to the county fiscal body.
(c) This subsection applies after December 31, 2014. In a county to which IC 36-6-6.4 or IC 36-6-6.6 applies:
(1) the powers and duties of a township trustee concerning parks and recreation under this chapter are transferred to the county executive or the county executive's designee;
(2) any reference in this chapter to "township trustee" or "trustee" is considered a reference to the county executive or the county executive's designee to administer this chapter; and
(3) this chapter does not apply to a township located in the county.
(b) This subsection applies after December 31, 2014. Any reference in this chapter to "township board" is considered a reference to the county fiscal body.
(c) This subsection applies after December 31, 2014. In a county to which IC 36-6-6.4 or IC 36-6-6.6 applies:
(1) the powers and duties of a township trustee concerning parks and recreation under this chapter are transferred to the county executive;
(2) any reference in this chapter to "township trustee" or "trustee" is considered a reference to the county executive or the county executive's designee to administer this chapter; and
(3) this chapter does not apply to a township located in the county.
(b) This subsection applies after December 31, 2014. In a county to which IC 36-6-6.4 or IC 36-6-6.6 applies:
(1) the powers and duties of a township trustee concerning libraries under this chapter are transferred to the county executive or the county executive's designee;
(2) any reference in this chapter to "township trustee" or "trustee" is considered a reference to the county executive or the county executive's designee to administer this chapter;
(3) all responsibilities and obligations of a township government with respect to a public library, library district, or provision or receipt of library services by contract are terminated, and the township government's responsibilities and obligations are assumed by the county;
(4) the elimination of township government under IC 36-6-6.4 or IC 36-6-6.6 does not terminate a public library, library district, or contract for provision or receipt of library services in existence on December 31, 2014; and
(5) this chapter does not apply to a township located in the county.
(1) One (1) member appointed as follows:
(A) By the legislative body of the township in which the library district is located.
(B) This clause applies after December 31, 2014. This clause applies only to a county to which IC 36-6-6.4 applies. The member is appointed by the legislative body of the county.
(2) One (1) member appointed by the legislative body of the municipality in which the library district is located.
(b) The interim study committee on township assistance standards review is established. The committee shall review the provisions in IC 12 concerning township assistance standards and make recommendations to the general assembly to codify and revise those statutes to make the statutes clear, concise, and easy to interpret and to apply.
(c) The committee shall operate under the policies governing study committees adopted by the legislative council.
(d) The affirmative votes of a majority of the voting members appointed to the committee are required for the committee to take
action on any measure, including final reports.
(e) This SECTION expires December 31, 2012.
