Bill Text: IN HB1138 | 2010 | Regular Session | Introduced
Bill Title: Alteration and formation of townships.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-07 - First reading: referred to Committee on Government and Regulatory Reform [HB1138 Detail]
Download: Indiana-2010-HB1138-Introduced.html
Citations Affected: IC 36-1; IC 36-6-1-6.
Synopsis: Alteration and formation of townships. Allows a township
to become part of a contiguous township in the county if the transfer is
approved by a referendum in the township seeking transfer. Allows one
or more election precincts or a municipality to become part of a
contiguous township in the county if the transfer is approved by a
referendum in the election precincts or municipality seeking transfer.
Allows one or more election precincts or a municipality to become a
new township if the formation of the new township is approved by a
referendum in the election precincts or municipality seeking transfer.
Repeals the provision imposing minimum size or valuation
requirements on a newly created or altered township.
Effective: July 1, 2010.
January 7, 2010, read first time and referred to Committee on Government and Regulatory
Reform.
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.
Chapter 1.4. Transfer of Township Territory to a Contiguous Township
Sec. 1. As used in this chapter, "order" refers to an ordinance adopted by the county executive under section 10 of this chapter that orders the alteration of township boundaries.
Sec. 2. As used in this chapter, "recipient township" refers to a township to which another township is transferred under this chapter.
Sec. 3. As used in this chapter, "transferring township" refers to a township that becomes part of a contiguous township under this chapter.
Sec. 4. A township may become part of a contiguous township within the county as provided in this chapter.
Sec. 5. The alteration of township boundaries must be submitted
to a local public question. The local public question may be held
only if a petition signed by at least ten percent (10%) of the voters
residing in the transferring township is submitted to the circuit
court clerk requesting that a local public question be placed on the
ballot.
Sec. 6. If the circuit court clerk determines that a petition
submitted under section 5 of this chapter has a sufficient number
of signatures, the county election board shall place the following
question on the ballot in accordance with IC 3-10-9:
"Shall (insert the name of the township) become a part of
(insert name of township)?".
Sec. 7. (a) The county election board shall place the local public
question on the ballot during the next general election or primary
election for which the question may be certified under IC 3-10-9-3
in the transferring township.
(b) The circuit court clerk shall determine the number of
registered voters residing within the transferring township. The
circuit court clerk shall submit the information to the county
election board.
Sec. 8. If a majority of the votes cast on the public question by
the voters of the transferring township are:
(1) not in favor of becoming part of a contiguous township,
the township may not become part of the contiguous
township; or
(2) in favor of becoming part of a contiguous township, the
township becomes part of the contiguous township.
Sec. 9. (a) After an election under section 7 of this chapter, the
clerk of the county shall:
(1) make a certified copy of the election returns; and
(2) not later than five (5) days after the election, file the copy
with the county auditor.
(b) The county auditor shall, not later than five (5) days after
the returns are filed in the county auditor's office:
(1) make a true and complete copy of the returns, certified by
the county auditor; and
(2) deposit the copy of the returns with the county executive
and the township executive of the transferring township and
recipient township.
Sec. 10. This section applies if the voters of a transferring
township vote in favor of becoming part of a contiguous township.
After receiving a copy of the returns under section 9 of this
chapter, the county executive shall adopt an ordinance ordering an
alteration of the recipient township's boundaries conforming to the
terms of the petition. The county executive shall file a copy of the
ordinance with:
(1) the circuit court clerk; and
(2) the office of the secretary of state.
Sec. 11. Except as provided in section 12 of this chapter, an
order becomes effective on the later of:
(1) the date specified in the ordinance; or
(2) the date the county executive files the ordinance under
section 10 of this chapter.
Sec. 12. An order may not take effect during the year preceding
a year in which a federal decennial census is conducted. An order
that would otherwise take effect during the year preceding a year
in which a federal decennial census is conducted takes effect
January 2 of the year in which a federal decennial census is
conducted.
Sec. 13. An election under this chapter may be held only once
every three (3) years.
Sec. 14. (a) The following occur on the effective date of the
order:
(1) The township government of the transferring township is
abolished.
(2) The geographical boundaries of the recipient township
include all the territory of the recipient township and the
transferring township.
(3) The offices, agencies, and departments of the transferring
township are abolished, and the:
(A) property;
(B) records;
(C) equipment;
(D) personnel; and
(E) contracts;
of the township are transferred to the recipient township
government.
(4) Any bonds and other indebtedness of, or assumed by, the
transferring township are transferred to the recipient
township. However, the recipient township may levy property
taxes to pay the indebtedness only within the former
boundaries of the transferred township that incurred the
indebtedness.
(5) The recipient township retains its name.
(b) Notwithstanding subsection (a)(3)(D), the recipient township
executive shall specify which transferring township employees that
provided fire protection services and emergency services before the
dissolution of the transferring township government under this
chapter become employees of the recipient township responsible
for fire protection services and emergency services.
(c) If the transferring 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 the effective date of the order, 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 recipient township's
local board for the 1937 firefighters' pension fund and the recipient
township's local board for the 1977 police officers' and firefighters'
pension and disability fund, respectively. Notwithstanding any
other provision, the legislative body of the recipient township may
adopt an ordinance to adjust the membership of the recipient
township's local board to reflect the dissolution of the transferring
township's local board.
(d) A recipient township shall levy property taxes (within the
township'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 dissolution of the transferring
township government under this chapter, the local board of
the transferring township was responsible.
Sec. 15. Notwithstanding any other law to the contrary, after the
effective date of the order, the transferring township's distributive
share of any state or local taxes or revenues (other than property
taxes) is reduced to zero (0) and is transferred to the recipient
township.
Sec. 16. (a) On the date the order becomes effective, the balance
in a debt service fund of a transferring township:
(1) is transferred to the recipient township; and
(2) shall be used by the recipient township to pay indebtedness
or lease rentals of the transferring township 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 shall be transferred to the recipient township general fund.
(b) On the date the order becomes effective, the balance in a
transferring township's cumulative building and equipment fund
established under IC 36-8-14 for fire protection and related
services:
(1) is transferred to the recipient township; and
(2) shall be used by the recipient township to pay any
indebtedness or lease rentals related to fire protection services
due after the effective date of the order.
Any balance remaining in the fund after all payments for
indebtedness or lease rentals required under this section have been
made shall be transferred to the recipient township cumulative
building and equipment fund.
(c) On the date the order becomes effective, the balance in a
transferring township's general fund:
(1) is transferred to the recipient township; and
(2) shall be deposited in the recipient township general fund.
(d) On the date the order becomes effective, the balance in a
transferring township's township assistance fund:
(1) is transferred to the recipient township; and
(2) shall be deposited in the recipient township assistance
fund.
(e) The department of local government finance shall determine
the amounts to be transferred under this section.
Sec. 17. The department of local government finance shall
adjust as necessary the ad valorem property tax levy of the
recipient township and the transferring township to reflect transfer
of territory under this chapter.
Chapter 1.5. Transfer of Election Precinct or Municipality to a Contiguous Township
Sec. 1. As used in this chapter, "order" refers to an ordinance adopted by the county executive under section 12 of this chapter that orders the alteration of township boundaries.
Sec. 2. As used in this chapter, "recipient township" refers to a township to which an election precinct or municipality is transferred under this chapter.
Sec. 3. As used in this chapter, "transferring municipality" or "transferring precinct" refers to a municipality or an election precinct that becomes part of a contiguous township under this chapter.
Sec. 4. Any of the following may become part of a contiguous township within the county as provided in this chapter:
(1) One (1) or more election precincts, but less than an entire
township.
(2) A municipality.
Sec. 5. For purposes of this chapter, the boundaries of an
election precinct or municipality are the boundaries as of the date
a petition is submitted to the circuit court clerk requesting that a
local public question be placed on the ballot.
Sec. 6. The alteration of township boundaries under this chapter
must be submitted to a local public question. The local public
question may be held only if a petition signed by at least ten
percent (10%) of the voters residing in each transferring precinct
or municipality is submitted to the circuit court clerk requesting
that a local public question be placed on the ballot.
Sec. 7. If the circuit court clerk determines that a petition
submitted under section 6 of this chapter has a sufficient number
of signatures, the county election board shall place the following
question on the ballot in accordance with IC 3-10-9:
"Shall (insert the name of the precinct and township or the
name of the municipality) become a part of (insert the name
of township)?".
In the case of a precinct, the local public question must generally
describe the boundaries of the precinct by streets, rivers, and other
similar boundaries that are known by common names and, where
this is not possible, by section lines or other legal descriptions.
Sec. 8. The county election board shall place the local public
question on the ballot during the next general election or primary
election for which the question may be certified under IC 3-10-9-3
in each transferring precinct.
Sec. 9. The circuit court clerk shall determine the number of
registered voters residing within the transferring precinct or
municipality. The circuit court clerk shall submit the information
to the county election board.
Sec. 10. If a majority of the votes cast on the public question by
voters of the transferring precinct or municipality are:
(1) not in favor of becoming part of a contiguous township,
the election precinct or municipality may not become part of
the contiguous township; or
(2) in favor of becoming part of a contiguous township, the
election precinct or municipality becomes part of the
contiguous township.
Sec. 11. (a) After an election under section 8 of this chapter, the
clerk of the county shall:
(1) make a certified copy of the election returns; and
(2) not later than five (5) days after the election, file the copy
with the county auditor.
(b) The county auditor shall, not later than five (5) days after
the returns are filed in the county auditor's office:
(1) make a true and complete copy of the returns, certified by
the county auditor; and
(2) deposit the copy of the returns with the:
(A) county executive;
(B) township executive of the township in which the
transferring precinct or municipality is located;
(C) recipient township; and
(D) executive of the transferring municipality, if
applicable.
Sec. 12. This section applies if the voters of a transferring
precinct or municipality vote in favor of becoming part of a
contiguous township. After receiving a copy of the returns under
section 11 of this chapter, the county executive shall adopt an
ordinance ordering an alteration of the boundaries of the township
in which the transferring precinct or municipality is located and
the recipient township, conforming to the terms of the petition. The
county executive shall file a copy of the ordinance with:
(1) the circuit court clerk; and
(2) the office of the secretary of state.
Sec. 13. Except as provided in section 14 of this chapter, an
order becomes effective on the later of:
(1) the date specified in the ordinance; or
(2) the date the county executive files the ordinance under
section 12 of this chapter.
Sec. 14. An order may not take effect during the year preceding
a year in which a federal decennial census is conducted. An order
that would otherwise take effect during the year preceding a year
in which a federal decennial census is conducted takes effect
January 2 of the year in which a federal decennial census is
conducted.
Sec. 15. An election under this chapter may be held only once
every three (3) years.
Sec. 16. (a) The following occur on the effective date of the
order:
(1) The geographical boundaries of the recipient township
include all the territory of the recipient township and the
transferred precinct or municipality.
(2) The recipient township retains its name.
(b) If the township from which an election precinct or
municipality is transferred is indebted or has outstanding unpaid
bonds or other obligations at the time the order becomes effective,
the recipient township is liable for and shall pay that indebtedness
in the same ratio as the assessed valuation of the property in the
transferred election precinct or municipality bears to the assessed
valuation of all property in the township from which the precinct
or municipality is transferred, as shown by the most recent
assessment for taxation before the transfer.
(c) If the indebtedness consists of outstanding unpaid bonds or
notes of the township from which a precinct or municipality is
transferred, the payments to the township shall be made as the
principal or interest on the bonds or notes becomes due. However,
the recipient township may levy property taxes to pay the
indebtedness only within the former boundaries of the transferring
precinct or municipality.
Sec. 17. The department of local government finance shall
adjust as necessary the ad valorem property tax levy of the:
(1) township from which the precinct or municipality is
transferred; and
(2) recipient township;
to reflect a transfer of territory under this chapter.
Chapter 1.6. Establishing a New Township
Sec. 1. As used in this chapter, "order" refers to an ordinance adopted by the county executive under section 11 of this chapter that orders the alteration of township boundaries and creates a new township.
Sec. 2. As used in this chapter, "transferring municipality" or "transferring precinct" refers to a municipality or an election precinct that becomes a new township or part of a new township.
Sec. 3. One (1) or more contiguous election precincts or a municipality may form a separate township within the county as provided in this chapter.
Sec. 4. For purposes of this chapter, the boundaries of an election precinct or municipality are the boundaries as of the date a petition is submitted to the circuit court clerk requesting that a local public question be placed on the ballot.
Sec. 5. The alteration of township boundaries under this chapter must be submitted to a local public question. The local public
question may be held only if a petition signed by at least ten
percent (10%) of the voters residing in each transferring precinct
or municipality is submitted to the circuit court clerk requesting
that a local public question be placed on the ballot.
Sec. 6. If the circuit court clerk determines that a petition
submitted under section 5 of this chapter has a sufficient number
of signatures, the county election board shall place the following
question on the ballot in accordance with IC 3-10-9:
"Shall (insert the name of the precinct and township or the
name of the municipality) become a separate township?".
In the case of a precinct, the local public question must generally
describe the boundaries of the precinct by streets, rivers, and other
similar boundaries that are known by common names and, where
this is not possible, by section lines or other legal descriptions.
Sec. 7. The county election board shall place the local public
question on the ballot during the next general election or primary
election for which the question may be certified under IC 3-10-9-3
in each transferring precinct or municipality.
Sec. 8. The circuit court clerk shall determine the number of
registered voters residing within the transferring precinct or
municipality. The circuit court clerk shall submit the information
to the county election board.
Sec. 9. If a majority of the votes cast on the public question by
the voters of a transferring precinct or municipality are:
(1) not in favor of becoming a new township, the election
precinct or municipality may not become a township; or
(2) in favor of becoming a new township, the election precinct
or municipality becomes a township.
Sec. 10. (a) After an election under section 7 of this chapter, the
clerk of the county shall:
(1) make a certified copy of the election returns; and
(2) not later than five (5) days after the election, file the copy
with the county auditor.
(b) The county auditor shall, not later than five (5) days after
the returns are filed in the county auditor's office:
(1) make a true and complete copy of the returns, certified by
the county auditor; and
(2) deposit the copy of the returns with the:
(A) county executive;
(B) township executive of the township in which the
transferring precinct or municipality is located; and
(C) executive of the transferring municipality, if
applicable.
Sec. 11. (a) This section applies if the voters of a precinct or
municipality vote in favor of becoming a new township. After
receiving a copy of the returns under section 10 of this chapter, the
county executive shall adopt an ordinance ordering:
(1) an alteration of the boundaries of the township from which
the precinct or municipality is transferred to reflect the
transfer of the election precinct or municipality; and
(2) the creation of a new township with boundaries
conforming to all territory within each election precinct or
municipality that approves the transfer under section 9 of this
chapter.
(b) The county executive shall file a copy of the ordinance with:
(1) the circuit court clerk; and
(2) the office of the secretary of state.
Sec. 12. An order becomes effective on the later of:
(1) the date specified in the ordinance; or
(2) the date the county executive files the ordinance under
section 11 of this chapter.
Sec. 13. An order may not take effect during the year preceding
a year in which a federal decennial census is conducted. An order
that would otherwise take effect during the year preceding a year
in which a federal decennial census is conducted takes effect
January 2 of the year in which a federal decennial census is
conducted.
Sec. 14. An election under this chapter may be held only once
every three (3) years.
Sec. 15. (a) If the township from which an election precinct or
municipality is transferred is indebted or has outstanding unpaid
bonds or other obligations at the time the transfer is effective, the
new township is liable for and shall pay that indebtedness in the
same ratio as the assessed valuation of the property in the
transferred election precinct or municipality bears to the assessed
valuation of all property in the township from which the precinct
or municipality is transferred, as shown by the most recent
assessment for taxation before the transfer.
(b) If the indebtedness consists of outstanding unpaid bonds or
notes of the township from which a precinct or municipality is
transferred, the payments to the township shall be made as the
principal or interest on the bonds or notes becomes due.
Sec. 16. The officers of the new township shall:
(1) obtain from the department of local government finance
approval under IC 6-1.1-18.5-7 of:
(A) a budget;
(B) an ad valorem property tax levy; and
(C) a property tax rate;
(2) fix the annual budget under IC 6-1.1-17;
(3) impose a property tax levy; and
(4) take any action necessary to ensure the collection of fees
and other revenue;
for the new township for the budget year in which the order
becomes effective.
Sec. 17. The department of local government finance shall
adjust as necessary the ad valorem property tax levy of the
township from which the election precinct or municipality is
transferred to reflect a transfer of territory under this chapter.
