Indiana 2023 Regular Session

Indiana House Bill HB1035 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB1035.1~~
2		-	~~January 17, 2023~~
	1	+
	2	+	Introduced Version
3	3		HOUSE BILL No. 1035
4	4		_____
5		-	DIGEST OF ~~HB 1035 (Updated January 17, 2023 10:22 am - DI 116)~~
6		-	Citations Affected: IC 36-2; IC 36-6.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 36-2-15-0.4; IC 36-6-5-5.
7	7		Synopsis: Township assessors. Provides that, in counties that have one
8	8		or more township assessors, the county election board shall place on
9		-	the ballot at the November ~~2024~~ general election a public question
	9	+	the ballot at the November 2026 general election a public question
10	10		asking whether the office of township assessor should be abolished or
11	11		continued. Provides that a county election board shall tabulate the votes
12	12		cast on the public question and certify the results to the department of
13	13		local government finance. Provides that if a majority of the voters
14	14		voting on the public question vote "yes", the office of each township
15		-	assessor in the county is abolished, effective January 1, ~~2026~~. Provides
	15	+	assessor in the county is abolished, effective January 1, 2028. Provides
16	16		that if a majority of voters voting on the public question vote "yes": (1)
17		-	employment positions as of December 31, ~~2025~~, of each township
	17	+	employment positions as of December 31, 2027, of each township
18	18		assessor in the county are transferred to the county assessor; (2) real
19	19		and personal property duties of each township assessor in the county
20	20		are transferred to the county assessor; (3) obligations outstanding on
21		-	December 31, ~~2025~~, of each township assessor in the county are
	21	+	December 31, 2027, of each township assessor in the county are
22	22		transferred to the county assessor; and (4) the funds of each township
23	23		assessor in the county on hand for the purpose of carrying out the
24	24		property assessment duties in the amount determined by the county
25	25		auditor are transferred to the county assessor. Provides that before
26		-	October 1, ~~2025~~, the county assessor shall interview, or give the
	26	+	October 1, 2027, the county assessor shall interview, or give the
27	27		opportunity to interview to, each individual who: (1) is an employee of
28	28		a township assessor in the county; and (2) applies before September 1,
29		-	~~2025~~, for an employment position. Provides that the township shall
	29	+	2027, for an employment position. Provides that the township shall
30	30		transfer to the county assessor all revenue received after the date of the
31	31		transfer that is received by the township for the purpose of carrying out
32	32		property assessment duties in the amount determined by the county
33	33		auditor.
34	34		Effective: July 1, 2023.
35	35		Pressel, Engleman
36	36		January 9, 2023, read first time and referred to Committee on Local Government.
37		-	January 17, 2023, amended, reported — Do Pass.
38		-	HB 1035—LS 6191/DI 134 January 17, 2023
	37	+	2023 IN 1035—LS 6191/DI 134 Introduced
39	38		First Regular Session of the 123rd General Assembly (2023)
40	39		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
41	40		Constitution) is being amended, the text of the existing provision will appear in this style type,
42	41		additions will appear in this style type, and deletions will appear in this style type.
43	42		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
44	43		provision adopted), the text of the new provision will appear in this style type. Also, the
45	44		word NEW will appear in that style type in the introductory clause of each SECTION that adds
46	45		a new provision to the Indiana Code or the Indiana Constitution.
47	46		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
48	47		between statutes enacted by the 2022 Regular Session of the General Assembly.
49	48		HOUSE BILL No. 1035
50	49		A BILL FOR AN ACT to amend the Indiana Code concerning local
51	50		government.
52	51		Be it enacted by the General Assembly of the State of Indiana:
53	52		1 SECTION 1. IC 36-2-15-0.4 IS ADDED TO THE INDIANA CODE
54	53		2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
55	54		3 1, 2023]: Sec. 0.4. (a) This section applies if a majority of the voters
56	55		4 voting on the public question required by IC 36-6-5-5 vote "yes" at
57		-	5 the November ~~2024~~ general election.
58		-	6 (b) Effective January 1, ~~2026~~, the following apply:
59		-	7 (1) Employment positions as of December 31, ~~2025~~, of each
	56	+	5 the November 2026 general election.
	57	+	6 (b) Effective January 1, 2028, the following apply:
	58	+	7 (1) Employment positions as of December 31, 2027, of each
60	59		8 township assessor in the county are transferred to the county
61	60		9 assessor, including the following:
62	61		10 (A) The employment position of the township assessor.
63	62		11 (B) The employment positions of each employee of the
64	63		12 township assessor.
65	64		13 (2) Real and personal property duties of each township
66	65		14 assessor in the county are transferred to the county assessor.
67		-	15 (3) Obligations outstanding on December 31, ~~2025~~, of each
	66	+	15 (3) Obligations outstanding on December 31, 2027, of each
68	67		16 township assessor in the county are transferred to the county
69	68		17 assessor.
70		-	HB 1035—LS 6191/DI 134 2
	69	+	2023 IN 1035—LS 6191/DI 134 2
71	70		1 (4) Funds of each township assessor in the county on hand for
72	71		2 the purpose of carrying out property assessment duties in the
73	72		3 amount determined by the county auditor are transferred to
74	73		4 the county assessor.
75		-	5 (c) Before October 1, ~~2025~~, the county assessor shall interview,
	74	+	5 (c) Before October 1, 2027, the county assessor shall interview,
76	75		6 or give the opportunity to interview to, each individual who:
77	76		7 (1) is an employee of a township assessor in the county; and
78		-	8 (2) applies before September 1, ~~2025~~, for an employment
	77	+	8 (2) applies before September 1, 2027, for an employment
79	78		9 position.
80	79		10 (d) The township assessor shall transfer to the county assessor
81	80		11 all revenue received after the date of the transfer that is received
82	81		12 by the township for the purpose of carrying out property
83	82		13 assessment duties in the amount determined by the county auditor.
84	83		14 SECTION 2. IC 36-6-5-5 IS ADDED TO THE INDIANA CODE
85	84		15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
86	85		16 1, 2023]: Sec. 5. (a) This section applies only to a county if the
87	86		17 county has one (1) or more township assessors.
88	87		18 (b) The county election board of the county shall place on the
89		-	19 ballot at the November ~~2024~~ general election the following public
	88	+	19 ballot at the November 2026 general election the following public
90	89		20 question:
91	90		21 "Shall the county discontinue paying for the cost of township
92	91		22 assessors in the county?".
93	92		23 (c) The following language shall be placed immediately below
94	93		24 the language of the public question stated in subsection (b):
95	94		25 "If a majority of the voters vote "yes" on this public question,
96	95		26 the office of township assessor in the county will be abolished
97	96		27 and all of its functions transferred to the county assessor.
98	97		28 If a majority of the voters vote "no" on this public question,
99	98		29 the office of township assessor in the county will continue.".
100	99		30 (d) Except as provided in this section, IC 3-10-9-4 applies to the
101	100		31 form of the public question required by this section.
102	101		32 (e) The county election board shall:
103	102		33 (1) tabulate the votes cast on the public question stated in
104	103		34 subsection (b); and
105	104		35 (2) certify the results under IC 3-12-4-9 and to the department
106	105		36 of local government finance.
107	106		37 (f) IC 3 applies to the public question required by this section
108	107		38 except where IC 3 conflicts with this section.
109	108		39 (g) If a majority of the voters voting on the public question vote
110		-	40 "yes", notwithstanding section 1 of this chapter, the following
111		-	41 apply:
112		-	42 (1) After January 1, 2025, an election for township assessor
113		-	HB 1035—LS 6191/DI 134 3
114		-	1 shall not be held.
115		-	2 (2) The office of each township assessor in the county is
116		-	3 abolished, effective January 1, 2026.
117		-	HB 1035—LS 6191/DI 134 4
118		-	COMMITTEE REPORT
119		-	Mr. Speaker: Your Committee on Local Government, to which was
120		-	referred House Bill 1035, has had the same under consideration and
121		-	begs leave to report the same back to the House with the
122		-	recommendation that said bill be amended as follows:
123		-	Page 1, line 5, delete "2026" and insert "2024".
124		-	Page 1, line 6, delete "2028," and insert "2026,".
125		-	Page 1, line 7, delete "2027," and insert "2025,".
126		-	Page 1, line 15, delete "2027," and insert "2025,".
127		-	Page 2, line 5, delete "2027," and insert "2025,".
128		-	Page 2, line 8, delete "2027," and insert "2025,".
129		-	Page 2, line 19, delete "2026" and insert "2024".
130		-	Page 2, delete lines 39 through 42, begin a new paragraph and
131		-	insert:
132		-	"(g) If a majority of the voters voting on the public question vote
133		-	"yes", notwithstanding section 1 of this chapter, the following
134		-	apply:
135		-	(1) After January 1, 2025, an election for township assessor
136		-	shall not be held.
137		-	(2) The office of each township assessor in the county is
138		-	abolished, effective January 1, 2026.".
139		-	and when so amended that said bill do pass.
140		-	(Reference is to HB 1035 as introduced.)
141		-	MAY
142		-	Committee Vote: yeas 9, nays 2.
143		-	HB 1035—LS 6191/DI 134
	109	+	40 "yes", notwithstanding section 1 of this chapter, the office of each
	110	+	41 township assessor in the county is abolished, effective January 1,
	111	+	42 2028.
	112	+	2023 IN 1035—LS 6191/DI 134