Bill Text: IN HB1391 | 2011 | Regular Session | Introduced
Bill Title: Local government issues.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-01-31 - Representative Welch added as coauthor [HB1391 Detail]
Download: Indiana-2011-HB1391-Introduced.html
Citations Affected: IC 5-11-1-4; IC 6-1.1; IC 12-20; IC 36-1; IC 36-6.
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Local Government.
Digest Continued
individual's immediate family member. Specifies that this provision
does not require the termination or reassignment of a township
employee from a position held by that individual before January 1,
2011. Specifies that each township office must include the address and
phone number of the township office in at least one local telephone
directory. Requires all township trustees (instead of certain trustees) to
maintain a telephone answering service and respond to a telephone
inquiry for township assistance services not more than 24 hours
(excluding Saturdays, Sundays, and legal holidays) after receiving the
inquiry. Requires a public meeting or a public hearing of a township
legislative body to be held in a public place if one is available in the
township. Provides that if a trustee does not: (1) accept a completed
application for township assistance; or (2) grant or deny a completed
application for township assistance within the period required by
statute; the application is considered denied, and the denial may be
appealed to the board of commissioners. Provides that a township
trustee may receive rental payments from the township for use of office
space located in the trustee's private residence only if the space is used
exclusively for conducting official township business. Provides that a
trustee may not receive rental payments for office space in the
executive's personal residence at a square footage rate that exceeds the
average square footage rate charged for comparable commercial office
space. Requires the township trustee in the annual report to compare
the square footage rate charged by the executive for rent of the office
space in the executive's residence with the average square footage rate
charged for comparable commercial office space in: (1) the township;
or (2) the county seat of the county where the township is primarily
located, if comparable commercial office space is not available in the
township. Provides that beginning January 1, 2015, an individual who:
(1) makes $10,000 or more annual salary; and (2) is an immediate
family member of an officer or employee of a political subdivision;
may not be employed by the political subdivision in a position in which
the individual would have a direct supervisory or subordinate
relationship with the officer or employee who is the individual's
immediate family member. Provides that an employee of a political
subdivision that violates the nepotism provision does not have to be
terminated from any position held by that individual before January 1,
2011.
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.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) The board of school trustees of a school corporation that is located in a city having a population of more than one hundred five thousand (105,000) but less than one hundred twenty thousand (120,000), not later than:
(A) the time required in section 5.6(b) of this chapter; or
(B) November 1 if a resolution adopted under section 5.6(d) of this chapter is in effect.
(2) The proper officers of all other political subdivisions that are not school corporations, not later than November 1.
(3) The governing body of a school corporation (other than a school corporation described in subdivision (1)) that elects to adopt a budget under section 5.6 of this chapter for budget years beginning after June 30, 2011, not later than the time required under section 5.6(b) of this chapter for budget years beginning after June 30, 2011.
(4) The governing body of a school corporation that is not described in subdivision (1) or (3), not later than November 1.
Except in a consolidated city and county and in a second class city, the public hearing required by section 3 of this chapter must be completed at least ten (10) days before the proper officers of the political subdivision meet to fix the budget, tax rate, and tax levy. In a consolidated city and county and in a second class city, that public hearing, by any committee or by the entire fiscal body, may be held at any time after introduction of the budget.
(b) Ten (10) or more taxpayers may object to a budget, tax rate, or tax levy of a political subdivision fixed under subsection (a) by filing an objection petition with the proper officers of the political subdivision not more than seven (7) days after the hearing. The objection petition must specifically identify the provisions of the budget, tax rate, and tax levy to which the taxpayers object.
(c) If a petition is filed under subsection (b), the fiscal body of the political subdivision shall adopt with its budget a finding concerning the objections in the petition and any testimony presented at the adoption hearing.
(d) This subsection does not apply to a school corporation. Each year at least two (2) days before the first meeting of the county board of tax adjustment held under IC 6-1.1-29-4, a political subdivision shall file with the county auditor:
(1) a statement of the tax rate and levy fixed by the political subdivision for the ensuing budget year;
(2) two (2) copies of the budget adopted by the political subdivision for the ensuing budget year;
(3) two (2) copies of any findings adopted under subsection (c); and
(4) in the case of a township, a statement under IC 12-20-5.5-1.5(b).
Each year the county auditor shall present these items to the county board of tax adjustment at the board's first meeting under IC 6-1.1-29-4.
(e) In a consolidated city and county and in a second class city, the clerk of the fiscal body shall, notwithstanding subsection (d), file the adopted budget and tax ordinances with the county board of tax adjustment within two (2) days after the ordinances are signed by the executive, or within two (2) days after action is taken by the fiscal body to override a veto of the ordinances, whichever is later.
(f) If a fiscal body does not fix the budget, tax rate, and tax levy of the political subdivisions for the ensuing budget year as required under this section, the most recent annual appropriations and annual tax levy are continued for the ensuing budget year.
(g) This section applies only to a township. If a township:
(1) fails to file a certification with the county auditor under subsection (d)(2); or
(2) the township's certification indicates that the township failed to adopt or file standards as required by IC 12-20-5.5-1.5 for the two (2) preceding calendar years;
the most recent annual appropriations and annual tax levy of the township are continued for the ensuing budget year.
"Ad valorem property tax levy for an ensuing calendar year" means the total property taxes imposed by a civil taxing unit for current property taxes collectible in that ensuing calendar year.
"Adopting county" means any county in which the county adjusted gross income tax is in effect.
"Civil taxing unit" means any taxing unit except a school corporation.
"Maximum permissible ad valorem property tax levy for the preceding calendar year" means,
permissible ad valorem property tax levy for the preceding
calendar year as determined under this section as effective
on January 1, 2011. For purposes of determining a
maximum permissible ad valorem property tax levy under
section 3 of this chapter for property taxes imposed for an
assessment date after January 15, 2011, the term means the
civil taxing unit's maximum permissible ad valorem property
tax levy for the calendar year immediately preceding the
ensuing calendar year, as that levy was determined under
section 3 of this chapter minus
(B) one-half (1/2) of the remainder of:
(i) the civil taxing unit's maximum permissible ad valorem
property tax levy referred to in clause (A); minus
(ii) the civil taxing unit's ad valorem property tax levy for
the calendar year immediately preceding the ensuing
calendar year referred to in subdivision (2); or
(2) the civil taxing unit's ad valorem property tax levy for the
calendar year immediately preceding the ensuing calendar year,
as that levy was determined by the department of local
government finance in fixing the civil taxing unit's budget, levy,
and rate for that preceding calendar year under IC 6-1.1-17, and
after eliminating the effects of temporary excessive levy appeals
and temporary adjustments made to the working maximum levy
for the calendar year immediately preceding the ensuing calendar
year, as determined by the department of local government
finance.
However, for the determination of the maximum permissible property
tax levy for property taxes first due and payable after December 31,
2010, upon request by a civil taxing unit, the department of local
government finance may make an adjustment to the civil taxing unit's
maximum permissible ad valorem property tax levy for the ensuing
calendar year if the civil taxing unit's actual levy was lower than the
civil taxing unit's maximum permissible ad valorem property tax levy
for the calendar year immediately preceding the ensuing calendar year
because of the civil taxing unit's use of cash balances. (regardless of
whether the taxing unit imposed the entire amount of the
maximum permissible ad valorem property tax levy in the
immediately preceding year).
"Taxable property" means all tangible property that is subject to the
tax imposed by this article and is not exempt from the tax under
IC 6-1.1-10 or any other law. For purposes of sections 2 and 3 of this
chapter, the term "taxable property" is further defined in section 6 of
this chapter.
(b) The township trustee shall file the following with the county auditor not later than December 1 of each year:
(1) A statement:
(A) signed by all members of the township board;
(B) subject to the penalties for perjury; and
(C) stating whether the township board adopted the township's standards for the year preceding the ensuing calendar year.
(2) A statement by the township trustee:
(A) signed by the township trustee;
(B) subject to the penalties for perjury; and
(C) stating whether the trustee filed the township standards for the year preceding the ensuing calendar year with the board of county commissioners.
The county auditor shall forward the statement to the department of local government finance not later than December 31 each year.
(c) If the township board fails to adopt township standards by the date specified in subsection (a) for the two (2) preceding calendar years the most recent annual appropriations and annual tax levy of the township are continued for the ensuing budget year.
(d) If the township trustee fails to file the township standards with the board of county commissioners under section 1 of this chapter for the two (2) preceding calendar years, the most recent annual appropriations and annual tax levy of the township are continued for the ensuing budget year.
(b) To ensure minimum accessibility, a township trustee 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 and staff each office 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), the township trustee
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 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) (3) Post township assistance office hours and telephone
numbers at the entrance to each township assistance office.
(1) provide for after hours access to the township assistance office by use of an answering machine or a service:
(A) that is:
(i) capable of taking messages; and
(ii) programmed to provide information about township assistance office hours;
(B) that provides a telephone number that may be used to contact the trustee in an emergency situation; and
(2) 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.
township assistance, the trustee shall act on the completed application
not later than seventy-two (72) hours after receiving the application,
excluding weekends and legal holidays listed in IC 1-1-9. The trustee's
office shall retain a copy of each application and affidavit whether or
not relief is granted.
(b) The actions that a trustee may take on a completed application
for township assistance, except in a case of emergency, are the
following:
(1) Grant assistance.
(2) Deny assistance, including a partial denial of assistance
requested.
(3) Leave the decision pending.
(c) A decision pending determination under subsection (b)(3):
(1) may not remain pending for more than seventy-two (72) hours
after the expiration of the period described in subsection (a); and
(2) must include a statement listing the specific reasons that
assistance is not granted or denied within the period required
under subsection (a).
(d) If a trustee does not:
(1) accept a completed application for township assistance; or
(2) grant or deny a completed application for township
assistance within the period required under this section;
the application is considered denied, and the denial may be
appealed under IC 12-20-15.
(1) is not satisfied with the decision of the township trustee, as administrator of township assistance; or
(2) has had an application denied under IC 12-20-6-7(d);
the applicant or recipient may appeal to the board of commissioners.
(1) of issuance by the township trustee of adequate written notice of the denial of township assistance as provided by IC 12-20-6-8; or
(2) the application is denied under IC 12-20-6-7(d).
An appeal must be made in writing or orally as required by the board of commissioners.
Chapter 9. Employment of Immediate Family Members
Sec. 1. This chapter does not apply to a government employee receiving less than ten thousand dollars ($10,000) in salary annually from the political subdivision.
Sec. 2. As used in this chapter, "government employee" means an individual who is employed by a political subdivision on a full-time, a part-time, a temporary, an intermittent, or an hourly basis.
Sec. 3. As used in this chapter, "immediate family member" means a spouse, child, stepchild, parent, or stepparent of the employee, including adoptive relationships.
Sec. 4. As used in this chapter, "political subdivision" means a county, city, town, township, school corporation, public library, local housing authority, fire protection district, public transportation corporation, local building authority, local hospital authority or corporation, local airport authority, special service district, special taxing district, or other type of local governmental corporate entity.
Sec. 5. Subject to section 6 of this chapter, beginning January 1, 2015, an individual who is an immediate family member of an officer or employee of a political subdivision may not be employed by the political subdivision in a position in which the individual would have a direct supervisory or subordinate relationship with the officer or employee who is the individual's immediate family member.
Sec. 6. This chapter does not require the termination or reassignment of any employee of a subdivision from any position held by that individual before January 1, 2011.
controls any money that is not included in a particular fund, then the
executive shall state all the facts concerning that money in the report.
(b) Each item of expenditure must be accompanied by the verified
voucher of the person to whom the sum was paid, stating:
(1) why the payment was made;
(2) that the receipt is for the exact sum received;
(3) that no part of the sum has been retained by the executive; and
(4) that no part of the sum has been or is to be returned to the
executive or any other person.
The executive may administer oaths to persons giving these receipts.
(c) The report must separately list each expenditure that is
made to reimburse the executive for the executive's use of the
executive's private residence. The report must compare the square
footage rate charged by the executive for rent of the office space in
the executive's residence and for the cost of utilities with the
average square footage rate and utility costs charged for
comparable commercial office space in:
(1) the township; or
(2) the county seat of the county where the township is
primarily located, if comparable commercial office space is
not available in the township.
(c) (d) The executive shall swear or affirm that:
(1) the report shows all sums received by him; the executive;
(2) the expenditures credited have been fully paid in the sums
stated, without express or implied agreement that any part of the
sums is to be retained by or returned to the executive or any other
person; and
(3) the executive has received no money or other property in
consideration of any contract entered into on behalf of the
township.
(d) (e) Within ten (10) days after the legislative body's action under
IC 36-6-6-9, the executive shall file a copy of the report and its
accompanying vouchers, as adopted by the legislative body, in the
county auditor's office. The legislative body may, for the benefit of the
township, bring a civil action against the executive if the executive fails
to file the report within ten (10) days after the legislative body's action.
The legislative body may recover five dollars ($5) for each day beyond
the time limit for filing the report, until the report is filed.
a sum of not more than one hundred dollars ($100), to be recovered in
a civil action brought in the name of the township.
(b) An executive is entitled to receive the following:
(1) The executive's salary.
(2) Reimbursement for expenses that are reasonably incurred by
the executive for the following:
(A) The operation of the executive's office.
(B) Travel and meals while attending seminars or conferences
on township matters.
(C) A sum for mileage as permitted under IC 36-6-8-3(b).
The executive may not make any other personal use of township funds
without prior approval by the legislative body of the township.
(c) This subsection applies if the executive's office is located in
the executive's personal residence. The executive may receive
rental payments from the township for use of the office space only
if the part of the personal residence used for the office is used
exclusively for the conduct of official township business. An
executive may not receive a rental payment for office space at a
square footage rate that exceeds the average square footage rate
charged for comparable commercial office space in:
(1) the township; or
(2) the county seat of the county where the township is
primarily located, if comparable commercial office space is
not available in the township.
The executive shall include the information regarding rental
payments in the annual report under section 12 of this chapter.
(b) A public meeting or a public hearing of a township legislative body must be held in a public place if one is available in the township.
(b) The legislative body may send for persons, books, and papers necessary in the examination of the report. A member may administer oaths necessary in the examination of the report.
(c) Any sum in the control of the executive that remains unexpended and is subject to no liability shall be credited in favor of the fund for which it was appropriated.
(d) Any fund expended, in whole or in part, for a purpose for which it was not appropriated shall be considered unexpended and in the control of the executive, who is liable on
(e) When its examination of the report is completed, the legislative body shall take action on the report, specifying the parts of the report that are altered or disallowed. The report remains under the control of the legislative body and in custody of its chairman, who shall keep it open to inspection by taxpayers of the township.
(f) The annual report must be filed with the state board of accounts as required under IC 5-11-1-4 not later than March 1 of each year.
(b) The township legislative body shall fix the:
(1) salaries;
(2) wages;
(3) rates of hourly pay; and
(4) remuneration other than statutory allowances;
of all officers and employees of the township.
(c) Subject to subsection (d), the township legislative body may reduce the salary of an elected or appointed official. However, except as provided in
(d) Except as provided in subsection (h), the township legislative body may not alter the salaries of elected or appointed officers during the fiscal year for which they are fixed, but it may add or eliminate any other position and change the salary of any other employee, if the necessary funds and appropriations are available.
(e) If a change in the mileage allowance paid to state officers and employees is established by July 1 of any year, that change shall be included in the compensation fixed for the township executive and assessor under this section, to take effect January 1 of the next year. However, the township legislative body may by ordinance provide for
the change in the sum per mile to take effect before January 1 of the
next year.
(f) The township legislative body may not reduce the salary of the
township executive without the consent of the township executive
during the term of office of the township executive as set forth in
IC 36-6-4-2.
(g) This subsection applies when a township executive dies or
resigns from office. The person filling the vacancy of the township
executive shall receive at least the same salary the previous township
executive received for the remainder of the unexpired term of office of
the township executive (as set forth in IC 36-6-4-2), unless the person
consents to a reduction in salary.
(h) In a year in which there is not an election of members to the
township legislative body, the township legislative body may by
unanimous vote reduce the salaries of the members of the township
legislative body by any amount.
(i) Beginning January 1, 2015, the salary paid to a township
board member may not exceed five thousand dollars ($5,000) per
year. Notwithstanding subsection (h), if necessary in order to
comply with this subsection, a township legislative body shall vote
in 2014 to reduce the salaries of the members of the township
legislative body effective January 1, 2015. The salary reduction
shall be made by a majority vote of the township legislative body.
