New Legislation County Council June 2011 HEA 1004 Amends IC 36-1-12-3 Increases the estimated cost of a public work project done by a unit s own workforce $100,000 to $150,000 Amends IC 5-11-1-26 SBOA give opinion HEA 1004 Continued Amends IC 36-1-12-4 bids for a public works project Increased the minimum cost to $150,000 Amends IC 36-1-12-4.7 quotes for a public works project Increased the minimum estimated cost range to at least $50,000 and less than $150,000 1
SEA 418 and House 1216 Public Works-Common Construction Wage SEA 418 Amends IC 5-16-7-1 Effective July 1, 2011 Puts time limit of 3 months that the wages determined by the committee may be applied to a contract If contract let after the 3 months, new committee must be formed to determine wages for the contract If the wages determined by the committee do not include a classification for a contract being advertized the awarding agency will form a new committee to determine classification and wages HEA 1216 Amends IC 5-16-7-1 Effective July 1, 2011 To be subject to this chapter the minimum amount of actual construction costs of a project were increased from $150,000 to $250,000 for those contracts awarded after 12/31/12 and increased to $350,000 after 12/31/13 HEA 1004 Amends IC 5-11-1-4 Effective July 1, 2011 (a) The state examiner shall require from every municipality and every state or local governmental unit, entity, or instrumentality financial reports covering the full period of each fiscal year. These reports shall be prepared, verified, and filed with the state examiner not later than sixty (60) days after the close of each fiscal year. The reports must be filed electronically, in a manner prescribed by the state examiner that is compatible with the technology employed by the political subdivision. (b) The department of local government finance may not approve the budget of a political subdivision or a supplemental appropriation for a political subdivision until the political subdivision files an annual report under subsection (a) for the preceding calendar year. HEA 1004 Continued Amended IC 5-11-13-1 Effective July 1, 2011 Annual report on employee compensation Submitted in January (b) The department of local government finance may not approve the budget of a county, city, town, or township or a supplemental appropriation for a county, city, town, or township until the county, city, town, or township files an annual report under subsection (a) for the preceding calendar year. 2
SEA 217 Amended IC 35-44-1-2 Official misconduct Sec. 2. A public servant who knowingly or intentionally: (1) commits an offense in the performance of the public servant s official duties; SEA 559 Amends IC 35-44-1-3 Conflict of interest Still must be submitted to State Board of Accounts Any question, consult with county attorney SEA 590 Immigration Bill Effective July 1, 2011 Adds IC 12-32, restrictions on public benefits to illegal aliens, Require verification statements Public benefit definition found in 8 U.S.C 1611 and 8 U.S.C. 1621 The state board of accounts will adopt rules to carry out 3
SEA 590 Continued Adds IC 22-5-1.7 IC 22-5-1.7-10 states in part: political subdivision shall use the E-Verify program to verify the work eligibility status of all employees hired after June 30, 2011. After June 30, 2011 a political subdivision may not enter into or renew a public contract for services with a contractor unless: The public contact contains a provision requiring the contractor to enroll and verify eligibility status of newly hired employees through the E-Verify program The contractor signs an affidavit affirming that the contractor does not knowingly employ unauthorized aliens SEA 590 Continued What is E-Verify? It is an internet-based system that is operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration Allows an employer to determine the eligibility of employees to work in the U.S. There is no charge www.dhs.gov/files/programs HEA 1025 Amends IC 5-4-1-18 Effective July 1, 2011 Officials Bonds Takes out the wording annual coverage Adds section IC 5-11-1-27 Effective July 1, 2011 State Board of Accounts shall define the acceptable minimum level internal controls All erroneous or irregular variances, losses, shortages, or thefts of local government funds or property shall be reported immediately to the state board of accounts 4
SEA 34 Adds IC 11-13-4.5-8 Effective July 1, 2011 The fiscal body of each county shall establish a county offender transportation fund. Used for the purpose of defraying the costs of returning to the state probationers who violate their conditions of supervision Fiscal body appropriates as requested by the probation department Does not revert SEA 465 Amends IC 31-25-4-23 and Adds IC 31-25-4-23.5 Child Support Incentive Funds Instead of 22.2% distributed into the county general fund a new fund is authorized SEA 464 Public Funds Effective July 1, 2011 Adds IC 5-13-4-21.3 Provides the definition of a public servant Amends IC 5-13-14-3 Failure to deposit public funds or knowingly deposits or draws against the funds except in manner prescribed Changes from public official to public servant Changes penalties 5
SEA 205 and HEA 1297 Payment of service charge to depository Amends IC 5-13-9-8 The service charge may be paid: (1) by direct charge to the deposit or other account; or (2) in a manner that subtracts the service charge from interest earned on the funds in the deposit or other accounts Effective Upon Passage SEA 62 and HEA 1001 Amends IC 6-3.5-1.1 CAGIT, IC 6-3.5-6 COIT, and IC 6-3.5-7 CEDIT SEA 62 Effective upon passage 2010 Acts added sections with application dates This conforms references to ordinance adoption dates in the local income tax laws to the dates specified in 2010 HEA 1001 Effective July 1, 2011 The part of a supplemental distribution that is attributable to an additional rate shall be used for the purpose specified in the statute authorizing the additional rate is not required to be deposited in the rainy day fund HEA 1007 Adds IC 6-3.5-9 A city or county that receives a certified distribution of tax imposed under IC 6-3.5-1.1, (CAGIT), IC 6-3.5-6 (COIT), or IC 6-3.5-7 (CEDIT) may offer hiring incentives to foster job creation This incentive is based on an agreement between the taxpayer and county the fiscal body approves the agreement if it meets conditions as outlined in the statute The county submits an annual report to the Indiana Economic Development Commission 6
HEA 1001 Amends IC 33-37-8-6 Funds derived from a deferral or pretrial diversion program Disbursed only by the adoption of an ordinance appropriating the funds for one or more of the purposes stated in statute HEA 1001 Continued Amends IC 33-37-7-2 and IC 33-37-5-2 Concerning automated record keeping fee If county not operating under the state s automated judicial system 80% of fee goes to state 20% goes to clerk s record perpetuation fund Also adds that in addition to preservation of records and improvement of record keeping systems and equipment, may use the fee for case management system 7