Citations Affected: IC 3-8-1; IC 3-11.5; IC 36-3; IC 36-6-6;
IC 36-7-4-207.
Effective: July 1, 2013.
January 17, 2013, read first time and referred to Committee on Local Government.
division of the county into city-county council districts is reviewed by
a panel of judges, the clerk of the court must keep a record of the
method and process of selecting the panel and make the record
available for public inspection and copying. Provides that in Marion
County, a township board consists of five (instead of seven) members.
Provides that members of the initial five member township board are
elected at the November 2016 general election. Requires absentee
ballots in Marion, Lake, and Allen counties to be counted at a central
location unless the county election board unanimously adopts a
resolution that: (1) requires absentee ballots to be counted at individual
precincts; and (2) states the county election board's basis for adopting
the requirement.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
IC 3-11.5-5-1 or IC 3-11.5-6-1.
section subsection (a)(2) less than:
(1) sixty (60) days before an election is to be conducted; or
(2) fourteen (14) days after an election has been conducted.
(d) A resolution adopted under this section subsection (a)(2) takes
effect immediately and may only be rescinded by the unanimous vote
of the entire membership of the county election board.
consolidated city and the county for property taxes first due and
payable in the year a consolidation takes effect under this section.
When added together, the adjustments under this subdivision
must total zero (0).
(2) The ordinance must specify which law enforcement officers
of the police department and which law enforcement officers of
the county sheriff's department shall be law enforcement officers
of the consolidated law enforcement department.
(3) The ordinance may not prohibit the providing of law
enforcement services for an excluded city under an interlocal
agreement under IC 36-1-7.
(4) A member of the county police force who:
(A) was an employee beneficiary of the sheriff's pension trust
before the consolidation of the law enforcement departments;
and
(B) after the consolidation becomes a law enforcement officer
of the consolidated law enforcement department;
remains an employee beneficiary of the sheriff's pension trust.
The member retains, after the consolidation, credit in the sheriff's
pension trust for service earned while a member of the county
police force and continues to earn service credit in the sheriff's
pension trust as a member of the consolidated law enforcement
department for purposes of determining the member's benefits
from the sheriff's pension trust.
(5) A member of the police department of the consolidated city
who:
(A) was a member of the 1953 fund or the 1977 fund before
the consolidation of the law enforcement departments; and
(B) after the consolidation becomes a law enforcement officer
of the consolidated law enforcement department;
remains a member of the 1953 fund or the 1977 fund. The
member retains, after the consolidation, credit in the 1953 fund or
the 1977 fund for service earned while a member of the police
department of the consolidated city and continues to earn service
credit in the 1953 fund or the 1977 fund as a member of the
consolidated law enforcement department for purposes of
determining the member's benefits from the 1953 fund or the
1977 fund.
(6) The ordinance must designate the merit system that shall
apply to the law enforcement officers of the consolidated law
enforcement department.
(7) The ordinance must designate who shall serve as a coapplicant
for a warrant or an extension of a warrant under IC 35-33.5-2.
(8) 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 law enforcement department. The
police special service district established under section 6 of this
chapter may levy property taxes to provide for the payment of
expenses for the operation of the consolidated law enforcement
department within the territory of the police special service
district. Property taxes to fund the pension obligation under
IC 36-8-7.5 may be levied only by the police special service
district within the police special service district. The consolidated
city may not levy property taxes to fund the pension obligation
under IC 36-8-7.5. 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
police department of the consolidated city on the effective date of
the consolidation may be levied only by the police special service
district within the police special service district. Property taxes to
fund the pension obligation under IC 36-8-10 for members of the
sheriff's pension trust and under IC 36-8-8 for members of the
1977 police officers' and firefighters' pension and disability fund
who were not members of the police department of the
consolidated city on the effective date of the consolidation may be
levied by the consolidated city within the consolidated city's
maximum permissible ad valorem property tax levy. The assets of
the consolidated city's 1953 fund and the assets of the sheriff's
pension trust may not be pledged after the effective date of the
consolidation as collateral for any loan.
(9) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before March
1 of the year following the adoption of the consolidation
ordinance and for the following two (2) years, to determine:
(A) the amount of any cost savings, operational efficiencies, or
improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluation
and performance audit must be provided to the legislative council
in an electronic format under IC 5-14-6 and to the budget
committee.
[EFFECTIVE JULY 1, 2013]: Sec. 10. (a) The general assembly finds
the following:
(1) That the tax base of the consolidated city and the county have
been significantly eroded through the ownership of tangible
property by separate municipal corporations and other public
entities that operate as private enterprises yet are exempt or whose
property is exempt from property taxation.
(2) That to restore this tax base and provide a proper allocation of
the cost of providing governmental services the legislative body
of the consolidated city and county should be authorized to collect
payments in lieu of taxes from these public entities.
(3) That the appropriate maximum payments in lieu of taxes
would be the amount of the property taxes that would be paid if
the tangible property were not subject to an exemption.
(b) As used in this section, the following terms have the meanings
set forth in IC 6-1.1-1:
(1) Assessed value.
(2) Exemption.
(3) Owner.
(4) Person.
(5) Personal property.
(6) Property taxation.
(7) Tangible property.
(8) Township assessor.
(c) As used in this section, "PILOTS" means payments in lieu of
taxes.
(d) As used in this section, "public entity" means any of the
following government entities in the county:
(1) An airport authority operating under IC 8-22-3.
(2) A capital improvement board of managers under IC 36-10-9.
(3) (2) A building authority operating under IC 36-9-13.
(4) (3) A wastewater treatment facility.
(e) The legislative body of the consolidated city may adopt an
ordinance to require a public entity to pay PILOTS at times set forth in
the ordinance with respect to:
(1) tangible property of which the public entity is the owner or the
lessee and that is subject to an exemption;
(2) tangible property of which the owner is a person other than a
public entity and that is subject to an exemption under IC 8-22-3;
or
(3) both.
The ordinance remains in full force and effect until repealed or
modified by the legislative body.
(f) The PILOTS must be calculated so that the PILOTS may be in
any amount that does not exceed the amount of property taxes that
would have been levied by the legislative body for the consolidated city
and county upon the tangible property described in subsection (e) if the
property were not subject to an exemption from property taxation.
(g) PILOTS shall be imposed as are property taxes and shall be
based on the assessed value of the tangible property described in
subsection (e). Except as provided in subsection (l), the township
assessor, or the county assessor if there is no township assessor for the
township, shall assess the tangible property described in subsection (e)
as though the property were not subject to an exemption. The public
entity shall report the value of personal property in a manner consistent
with IC 6-1.1-3.
(h) Notwithstanding any law to the contrary, a public entity is
authorized to pay PILOTS imposed under this section from any legally
available source of revenues. The public entity may consider these
payments to be operating expenses for all purposes.
(i) PILOTS shall be deposited in the consolidated county fund and
used for any purpose for which the consolidated county fund may be
used.
(j) PILOTS shall be due as set forth in the ordinance and bear
interest, if unpaid, as in the case of other taxes on property. PILOTS
shall be treated in the same manner as taxes for purposes of all
procedural and substantive provisions of law.
(k) PILOTS imposed on a wastewater treatment facility may be paid
only from the cash earnings of the facility remaining after provisions
have been made to pay for current obligations, including:
(1) operating and maintenance expenses;
(2) payment of principal and interest on any bonded indebtedness;
(3) depreciation or replacement fund expenses;
(4) bond and interest sinking fund expenses; and
(5) any other priority fund requirements required by law or by any
bond ordinance, resolution, indenture, contract, or similar
instrument binding on the facility.
(l) If the duties of the township assessor have been transferred to the
county assessor as described in IC 6-1.1-1-24, a reference to the
township assessor in this section is considered to be a reference to the
county assessor.
consolidated city and the county, shall be elected under IC 3-10-6 by
the voters of the county. The city-county council consists of the
following members:
(1) Before January 1, 2016, twenty-nine (29) members.
(2) After December 31, 2015, twenty-five (25) members.
(b) To be eligible to serve as a member of the legislative body, a
person must meet the qualifications prescribed by IC 3-8-1-25.
(c) A member of the legislative body must reside within:
(1) the county as provided in Article 6, Section 6 of the
Constitution of the State of Indiana; and
(2) the district from which the member was elected. if applicable.
(d) A vacancy in the legislative body occurs whenever a member:
(1) dies, resigns, or is removed from office;
(2) ceases to be a resident of the county or district from which the
member was elected; or
(3) is incapacitated to the extent that the member is unable to
perform the member's duties for more than six (6) months.
(e) The vacancy shall be filled under IC 3-13-8.
(f) The term of office of a member of the legislative body is four (4)
years, beginning at noon on January 1 after election and continuing
until a successor is elected and qualified.
the voter resides. The four (4) at-large candidates receiving the most
votes from the whole county and the district candidates receiving the
most votes from their respective districts are elected to the legislative
body.
(d) If the legislative body fails to make the division before the date
prescribed by subsection (a) or the division is alleged to violate
subsection (a) or other law, a taxpayer or registered voter of the county
may petition the superior court of the county to hear and determine the
matter. The court shall hear and determine the matter as a five (5)
member panel of judges from the superior court. The clerk of the court
shall select the judges electronically and randomly. The clerk shall
maintain a record of the method and process used to select the
judges and shall make the record available for public inspection
and copying. Not more than three (3) members of the five (5) member
panel of judges may be of the same political party. The first judge
selected shall maintain the case file and preside over the proceedings.
There may not be a change of venue from the court or from the county.
The court may appoint a master to assist in its determination and may
draw proper district boundaries if necessary. An appeal from the court's
judgment must be taken within thirty (30) days, directly to the supreme
court, in the same manner as appeals from other actions.
(e) An election of the legislative body held under the ordinance or
court judgment determining districts that is in effect on the date of the
election is valid, regardless of whether the ordinance or judgment is
later determined to be invalid.
it is considered defeated unless the legislative body, at its first regular
or special meeting after the ten (10) day period prescribed by
subsection (a), passes the ordinance or resolution over his the
executive's veto by a two-thirds (2/3) vote.
different period suited to the circumstances but not extending
beyond the end of any calendar year.
(c) Except as provided in subsection (d), the allotment system
and the encumbering of funds apply to appropriations and funds
of all kinds, including dedicated funds from which expenditures are
made under the authority of any office, department, or agency.
(d) The allotment system does not apply to the following:
(1) Money made available for the purpose of conducting a
post-audit of financial transactions of any office, department,
or agency.
(2) Appropriations for construction or for the acquisition of
real estate for public purposes that are exempted from the
allotment system by the executive of the consolidated city.
(e) An appropriation to any office, department, or agency is not
available for expenditure until all the following occur:
(1) The office, department, or agency submits to the controller
a request for allotment that consists of:
(A) an estimate of the amount required for each activity;
and
(B) each purpose for which money is to be expended during
the applicable allotment period.
(2) The estimate described in subdivision (1)(A) has been
approved, increased, or reduced by the controller as provided
in subsection (h).
(3) The funds are allotted.
(f) The controller shall prescribe the form of a request for
allotment. The request must be submitted to the controller before
the beginning of the allotment period, within a time determined by
the controller.
(g) Each request for allotment shall be reviewed by the
controller. The controller shall allot amounts for expenditure if:
(1) the estimate described in subsection (e)(1)(A) is within the
terms of the appropriation as to amount and purpose, having
due regard for the probable future needs of the office,
department, or agency for the remainder of the calendar year
or other term for which the appropriation was made; and
(2) the office, department, or agency contemplates
expenditure of the allotment during the allotment period.
(h) The controller shall:
(1) modify the estimate so as to conform with the terms of the
appropriation and the prospective needs of the office,
department, or agency; and
(2) reduce or increase the amount to be allotted accordingly.
The controller shall notify every office, department, or agency of
its allotments at least five (5) days before the beginning of each
allotment period. The total amount allotted to any office,
department, or agency for the fiscal year or other term for which
the appropriation was made may not exceed the amount
appropriated for the year or term.
(i) The controller may at any time modify or amend any
allotment made by the controller.
(j) If the controller discovers at any time that:
(1) the probable receipts from taxes or other sources for any
fund will be less than were anticipated; and
(2) the amount available for the remainder of the term of the
appropriation or for any allotment period will be less than the
amount estimated or allotted;
the controller shall, with the approval of the executive of the
consolidated city, and after notice to the office, department, or
agency concerned, reduce the amount or amounts allotted or to be
allotted.
(k) The controller shall promptly transmit records of all
allotments and modifications to the county auditor.
After December 31, 2016, three (3) members of the legislative body
in a county having 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.
not less than seventy thousand (70,000) nor more than one
hundred five thousand (105,000).
(3) Five (5) representatives from each city having a population of
not less than thirty-five thousand (35,000) but less than seventy
thousand (70,000).
(4) Four (4) representatives from each city having a population of
not less than twenty thousand (20,000) but less than thirty-five
thousand (35,000).
(5) Three (3) representatives from each city having a population
of not less than ten thousand (10,000) but less than twenty
thousand (20,000).
(6) Two (2) representatives from each city having a population of
less than ten thousand (10,000).
(7) One (1) representative from each town having a population of
more than two thousand one hundred (2,100), and one (1)
representative from each town having a population of two
thousand one hundred (2,100) or less that had a representative
before January 1, 1979.
(8) Such representatives from towns having a population of not
more than two thousand one hundred (2,100) as are provided for
in section 210 of this chapter.
(9) Six (6) county representatives if the total number of municipal
representatives in the county is an odd number, or five (5) county
representatives if the total number of municipal representatives is
an even number.
(d) METRO. The metropolitan development commission consists
of nine (9) citizen members, as follows:
(1) Four (4) Six (6) members, of whom no more than two (2)
three (3) may be of the same political party, appointed by the
executive of the consolidated city.
(2) Three (3) members, of whom no more than two (2) may be of
the same political party, appointed by the legislative body of the
consolidated city.
(3) Two (2) members, who must be of different political parties,
appointed by the board of commissioners of the county.
(e) METRO. The legislative body of the consolidated city shall
appoint an individual to serve as a nonvoting adviser to the
metropolitan development commission when the commission is acting
as the redevelopment commission of the consolidated city under
IC 36-7-15.1. If the duties of the metropolitan development
commission under IC 36-7-15.1 are transferred to another entity under
IC 36-3-4-23, the individual appointed under this subsection shall serve
as a nonvoting adviser to that entity. A nonvoting adviser appointed
under this subsection:
(1) must also be a member of the school board of a school
corporation that includes all or part of the territory of the
consolidated city;
(2) is not considered a member of the metropolitan development
commission for purposes of IC 36-7-15.1 but is entitled to attend
and participate in the proceedings of all meetings of the
metropolitan development commission (or any successor entity
designated under IC 36-3-4-23) when it is acting as a
redevelopment commission under IC 36-7-15.1;
(3) is not entitled to a salary, per diem, or reimbursement of
expenses;
(4) serves for a term of two (2) years and until a successor is
appointed; and
(5) serves at the pleasure of the legislative body of the
consolidated city.