Indiana 2023 Regular Session

Indiana House Bill HB1035 Latest Draft

Bill / Amended Version Filed 01/17/2023

                            *HB1035.1*
January 17, 2023
HOUSE BILL No. 1035
_____
DIGEST OF HB 1035 (Updated January 17, 2023 10:22 am - DI 116)
Citations Affected:  IC 36-2; IC 36-6.
Synopsis:  Township assessors. Provides that, in counties that have one
or more township assessors, the county election board shall place on
the ballot at the November 2024 general election a public question
asking whether the office of township assessor should be abolished or
continued. Provides that a county election board shall tabulate the votes
cast on the public question and certify the results to the department of
local government finance. Provides that if a majority of the voters
voting on the public question vote "yes", the office of each township
assessor in the county is abolished, effective January 1, 2026. Provides
that if a majority of voters voting on the public question vote "yes": (1)
employment positions as of December 31, 2025, of each township
assessor in the county are transferred to the county assessor; (2) real
and personal property duties of each township assessor in the county
are transferred to the county assessor; (3) obligations outstanding on
December 31, 2025, of each township assessor in the county are
transferred to the county assessor; and (4) the funds of each township
assessor in the county on hand for the purpose of carrying out the
property assessment duties in the amount determined by the county
auditor are transferred to the county assessor. Provides that before
October 1, 2025, the county assessor shall interview, or give the
opportunity to interview to, each individual who: (1) is an employee of
a township assessor in the county; and (2) applies before September 1,
2025, for an employment position. Provides that the township shall
transfer to the county assessor all revenue received after the date of the
transfer that is received by the township for the purpose of carrying out
property assessment duties in the amount determined by the county
auditor.
Effective:  July 1, 2023.
Pressel, Engleman
January 9, 2023, read first time and referred to Committee on Local Government.
January 17, 2023, amended, reported — Do Pass.
HB 1035—LS 6191/DI 134  January 17, 2023
First Regular Session of the 123rd General Assembly (2023)
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 this style type.
  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 this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1035
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 36-2-15-0.4 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2023]: Sec. 0.4. (a) This section applies if a majority of the voters
4 voting on the public question required by IC 36-6-5-5 vote "yes" at
5 the November 2024 general election.
6 (b) Effective January 1, 2026, the following apply:
7 (1) Employment positions as of December 31, 2025, of each
8 township assessor in the county are transferred to the county
9 assessor, including the following:
10 (A) The employment position of the township assessor.
11 (B) The employment positions of each employee of the
12 township assessor.
13 (2) Real and personal property duties of each township
14 assessor in the county are transferred to the county assessor.
15 (3) Obligations outstanding on December 31, 2025, of each
16 township assessor in the county are transferred to the county
17 assessor.
HB 1035—LS 6191/DI 134 2
1 (4) Funds of each township assessor in the county on hand for
2 the purpose of carrying out property assessment duties in the
3 amount determined by the county auditor are transferred to
4 the county assessor.
5 (c) Before October 1, 2025, the county assessor shall interview,
6 or give the opportunity to interview to, each individual who:
7 (1) is an employee of a township assessor in the county; and
8 (2) applies before September 1, 2025, for an employment
9 position.
10 (d) The township assessor shall transfer to the county assessor
11 all revenue received after the date of the transfer that is received
12 by the township for the purpose of carrying out property
13 assessment duties in the amount determined by the county auditor.
14 SECTION 2. IC 36-6-5-5 IS ADDED TO THE INDIANA CODE
15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16 1, 2023]: Sec. 5. (a) This section applies only to a county if the
17 county has one (1) or more township assessors.
18 (b) The county election board of the county shall place on the
19 ballot at the November 2024 general election the following public
20 question:
21 "Shall the county discontinue paying for the cost of township
22 assessors in the county?".
23 (c) The following language shall be placed immediately below
24 the language of the public question stated in subsection (b):
25 "If a majority of the voters vote "yes" on this public question,
26 the office of township assessor in the county will be abolished
27 and all of its functions transferred to the county assessor.
28 If a majority of the voters vote "no" on this public question,
29 the office of township assessor in the county will continue.".
30 (d) Except as provided in this section, IC 3-10-9-4 applies to the
31 form of the public question required by this section.
32 (e) The county election board shall:
33 (1) tabulate the votes cast on the public question stated in
34 subsection (b); and
35 (2) certify the results under IC 3-12-4-9 and to the department
36 of local government finance.
37 (f) IC 3 applies to the public question required by this section
38 except where IC 3 conflicts with this section.
39 (g) If a majority of the voters voting on the public question vote
40 "yes", notwithstanding section 1 of this chapter, the following
41 apply:
42 (1) After January 1, 2025, an election for township assessor
HB 1035—LS 6191/DI 134 3
1 shall not be held.
2 (2) The office of each township assessor in the county is
3 abolished, effective January 1, 2026. 
HB 1035—LS 6191/DI 134 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Local Government, to which was
referred House Bill 1035, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, line 5, delete "2026" and insert "2024".
Page 1, line 6, delete "2028," and insert "2026,".
Page 1, line 7, delete "2027," and insert "2025,".
Page 1, line 15, delete "2027," and insert "2025,".
Page 2, line 5, delete "2027," and insert "2025,".
Page 2, line 8, delete "2027," and insert "2025,".
Page 2, line 19, delete "2026" and insert "2024".
Page 2, delete lines 39 through 42, begin a new paragraph and
insert:
"(g) If a majority of the voters voting on the public question vote
"yes", notwithstanding section 1 of this chapter, the following
apply:
(1) After January 1, 2025, an election for township assessor
shall not be held.
(2) The office of each township assessor in the county is
abolished, effective January 1, 2026.".
and when so amended that said bill do pass.
(Reference is to HB 1035 as introduced.)
MAY
Committee Vote: yeas 9, nays 2.
HB 1035—LS 6191/DI 134