School scholarships. Provides a tax deduction for a parent who sends a child to a private school or home schools the child. Increases the school scholarship tax credits that may be awarded for donations to a scholarship granting organization. Prohibits a scholarship granting organization from limiting the availability of scholarships to students of only one participating school. Provides choice scholarships to students in families with income that is not more than 150% percent of the amount required for the individual to qualify for the federal free or reduced lunch program to pay the costs of tuition and fees at a public or private elementary school or high school that charges tuition. Requires fair admissions policies for schools eligible for choice scholarships. Requires an eligible school to include certain subjects in the school's curriculum. Limits the number of choice scholarships awarded per school year before June 30, 2013. Limits the choice scholarship granted to a student in grade 1 through 8 to $4,500 per school year. Provides consequences for nonpublic schools who receive: (1) consecutive low category designations for school performance and improvement; and (2) a distribution of choice scholarships. Makes conforming changes.

IC 36-4-6-14
Ordinance, order, or resolution adoption; requirements
Sec. 14. (a) An ordinance, order, or resolution passed by the legislative body is considered adopted when it is:
(1) signed by the presiding officer; and
(2) either approved by the city executive or passed over the executive's veto by the legislative body, under section 16 of this chapter.
If required by statute, an adopted ordinance, order, or resolution must be promulgated or published before it takes effect.
(b) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published in the manner prescribed by IC 5-3-1, unless:
(1) it is published under subsection (c); or
(2) there is an urgent necessity requiring its immediate effectiveness, the city executive proclaims the urgent necessity, and copies of the ordinance are posted in three (3) public places in each of the districts from which members are elected to the legislative body.
(c) Except as provided in subsection (e), if a city publishes any of its ordinances in book or pamphlet form, no other publication is required. If an ordinance prescribing a penalty or forfeiture for a violation is published under this subsection, it takes effect two (2) weeks after the publication of the book or pamphlet. Publication under this subsection, if authorized by the legislative body, constitutes presumptive evidence:
(1) of the ordinances in the book or pamphlet;
(2) of the date of adoption of the ordinances; and
(3) that the ordinances have been properly

IC 36-4-6-10
Quorum
Sec. 10. A majority of all the elected members of the legislative body constitutes a quorum.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-11
Majority vote; two-thirds vote
Sec. 11. (a) A requirement that an ordinance, resolution, or other action of the legislative body be passed by a majority vote means at least a majority vote of all the elected members.
(b) A requirement that an ordinance, resolution, or other action of the legislative body be passed by a two-thirds (2/3) vote means at least a two-thirds (2/3) vote of all the elected members.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-12
Ordinance; majority vote
Sec. 12. A majority vote of the legislative body is required to pass an ordinance, unless a greater vote is required by statute.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-13
Ordinance; two-thirds vote with unanimous consent of members present
Sec. 13. (a) A two-thirds (2/3) vote of all the elected members, after unanimous consent of the members present to consider the ordinance, is required to pass an ordinance of the legislative body on the same day or at the same meeting at which it is introduced.
(b) Subsection (a) does not apply to a zoning ordinance or amendment to a zoning ordinance that is adopted under IC 36-7.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982,
P.L.33, SEC.24; P.L.335-1985, SEC.35.

IC 36-4-6-6
Power to expel member or declare seat vacant; rules
Sec. 6. The legislative body may:
(1) expel any member for violation of an official duty;
(2) declare the seat of any member vacant if he is unable to perform the duties of his office; and
(3) adopt its own rules to govern proceedings under this section.
However, a two-thirds (2/3) vote is required to expel a member or vacate his seat.
As added by Acts 1980, P.L.212, SEC.3.
 

IC 3-10-7-2.9
Changing the year municipal election is held; ordinance; exception
Sec. 2.9. (a) This section does not apply to a town located wholly or partially within a county having a consolidated city.
(b) During the year preceding a municipal election conducted under section 2 of this chapter, a town may adopt an ordinance changing the time municipal elections are held for the offices of the town legislative body members, clerk-treasurer, and judge.
(c) The ordinance described in subsection (b) must provide all the following:
(1) The years in which town elections shall be held. A town election may not be held in a year following a year in which an election for electors for President of the United States is held.
(2) That the elections for town offices shall be held during general elections or municipal elections, or both.
(3) Which town officers are to be elected in each of the years of the town election cycle. The ordinance must provide that at least two (2) town officers shall be elected in each year of the town election cycle. The ordinance may provide for all town officers to be elected at the same election.
(4) The term of office of each town officer elected in the first
election cycle after adoption of the ordinance. A term of office set under this subdivision may not exceed four (4) years.
(5) That the term of office of each town officer elected after the first election cycle after adoption of the ordinance is four (4) years.
(6) That the term of office of each town officer begins on January 1 after the election.
(d) A town may repeal an ordinance adopted under subsection (b) subject to both of the following:
(1) The ordinance may not be repealed earlier than twelve (12) years after the ordinance was adopted.
(2) The ordinance may be repealed only in a year preceding a municipal election held at the time described in IC 3-10-6-5.
As added by P.L.9-2004, SEC.16.
IC 3-10-7-3
Municipal elections coinciding with general elections; conduct by county election board
Sec. 3. If a town has established staggered terms for its town council, or has adopted an ordinance under section 2.7 or 2.9 of this chapter, the county election board shall conduct a municipal election in that town that coincides with a general election.
As added by P.L.5-1986, SEC.6. Amended by P.L.8-1989, SEC.7; P.L.4-1996, SEC.52; P.L.9-2004, SEC.17.
IC 3-10-7-4
Agreements between county election board and town
Sec. 4. (a) A county election board and a town may enter into a written agreement providing that the county election board will conduct a municipal primary or a municipal election, or both, in the town.
(b) A town that enters into an agreement described in subsection (a) shall continue to nominate candidates by convention conducted under IC 3-8-5 or by petition filed under IC 3-8-6 unless the town nominates candidates in a primary election as provided in IC 3-8-5-2.
(c) An agreement may not be entered into after September 21 of a year in which a municipal election is to be held in the town.
(d) A county election board that enters into an agreement under this section shall conduct the municipal election in the same manner as it conducts a general election in a town that has a population of three thousand five hundred (3,500) or more.
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.14; P.L.66-2003, SEC.33; P.L.14-2004, SEC.84.
IC 3-10-7-5
Town in county having a consolidated city; conduct of election by county election board
Sec. 5. The county election board shall

IC 5-3
ARTICLE 3. PUBLICATION OF NOTICES

IC 5-3-1
Chapter 1. Publication Procedures
IC 5-3-1-0.4
"Newspaper" defined
Sec. 0.4. As used in this chapter, "newspaper" refers to a newspaper:
(1) that:
(A) is a daily, weekly, semiweekly, or triweekly newspaper of general circulation;
(B) has been published for at least three (3) consecutive years in the same city or town;
(C) has been entered, authorized, and accepted by the United States Postal Service for at least three (3) consecutive years as mailable matter of the periodicals class; and
(D) has at least fifty percent (50%) of all copies circulated paid for by subscribers or other purchasers at a rate that is not nominal; or
(2) that:
(A) is a daily, weekly, semiweekly, or triweekly newspaper of general circulation;
(B) has been entered, authorized, and accepted by the United States Postal Service as mailable matter of the periodicals class;
(C) has at least fifty percent (50%) of all copies circulated paid for by subscribers or other purchasers at a rate that is not nominal; and
(D) meets the greater of the following conditions:
(i) The newspaper's paid circulation during the preceding year is equal to at least fifty percent (50%) of the paid circulation for the largest newspaper with a periodicals class permit located in the county in which the newspaper is published, based on the average paid or requested circulation for the preceding twelve (12) months reported in the newspaper's United States Postal Service Statement of Ownership published by the newspaper in October of each year or based on the newspaper's initial application for a permit from the United States Postal Service.
(ii) The newspaper has an average daily paid circulation of one thousand five hundred (1,500) based on the average paid or requested circulation for the preceding twelve (12) months reported in the newspaper's United States Postal Service Statement of Ownership published by the newspaper in October of each year or based on the newspaper's initial application for a permit from the United States Postal Service.
________________________________________
IC 5-3-1-0.6
Place of publication
Sec. 0.6. (a) For purposes of this chapter, a newspaper or qualified publication is published at the place where the newspaper or qualified publication has its original entry for mail privileges authorized by the United States Postal Service.
(b) For purposes of this chapter, a newspaper or qualified publication is considered published at only one (1) place. The place of publication does not include places at which additional entry offices have been established with the authorization of the United States Postal Service.
As added by P.L.64-1995, SEC.2. Amended by P.L.38-1997, SEC.2.
IC 5-3-1-0.7
"Qualified publication" defined
Sec. 0.7. (a) As used in this chapter, "qualified publication" means a publication that:
(1) is published daily, weekly, semiweekly, or triweekly;
(2) is of general circulation to the public;
(3) has been published for at least three (3) consecutive years in the same city or town;
(4) has continuity as to title and general nature of content from issue to issue;
(5) contains news of general or community interest, community notices, or editorial commentary;
(6) contains advertisements from unrelated advertisers in each issue;
(7) has, in more than one-half (1/2) of its issues published during the previous twelve (12) month period, not more than seventy-five percent (75%) advertising content;
(8) has a known office location in the county in which it is published; and
(9) has been entered, authorized, and accepted by the United States Postal Service as mailable matter of standard mail (A) class for the time published.
(b) A publication is not a qualified publication if any of the following apply:
(1) The publication is owned by, or under the control of, the owners or lessees of a shopping center or a merchant's association.
(2) The publication is owned by, or under the control of, a business that sells property or services (other than advertising) and the predominant advertising in the publication is advertising for the business's sales of property or services.
(3) The publication is a mail order catalog or other catalog, advertising flier, travel brochure, house organ, theater program, telephone directory, restaurant guide, shopping center
advertising sheet, or other similar publication.
(4) The publication is primarily devoted to matters of specialized interest such as a labor, fraternal, society, political, religious, sporting, or trade news publication or journal.
(5) The publication is a magazine, racing form, or tip sheet.
As added by P.L.64-1995, SEC.3. Amended by P.L.38-1997, SEC.3.
IC 5-3-1-1
Cost of advertising; form of legal advertisements; determination of circulation
Sec. 1. (a) The cost of all public notice advertising which any elected or appointed public official or governmental agency is required by law to have published, or orders published, for which the compensation to the newspapers or qualified publications publishing such advertising is drawn from and is the ultimate obligation of the public treasury of the governmental unit concerned with the advertising shall be charged to and collected from the proper fund of the public treasury and paid over to the newspapers or qualified publications publishing such advertising, after proof of publication and claim for payment has been filed.
(b) The basic charges for publishing public notice advertising shall be by the line and shall be computed based on a square of two hundred and fifty (250) ems at the following rates:
(1) Before January 1, 1996, three dollars and thirty cents ($3.30) per square for the first insertion in newspapers or qualified publications plus one dollar and sixty-five cents ($1.65) per square for each additional insertion in newspapers or qualified publications.
(2) After December 31, 1995, and before December 31, 2005, a newspaper or qualified publication may, effective January 1 of any year, increase the basic charges by five percent (5%) more than the basic charges that were in effect during the previous year. However, the basic charges for the first insertion of a public notice in a newspaper or qualified publication may not exceed the lowest classified advertising rate charged to advertisers by the newspaper or qualified publication for comparable use of the same amount of space for other purposes.
(3) After December 31, 2009, a newspaper or qualified publication may, effective January 1 of any year, increase the basic charges by not more than two and three-quarters percent (2.75%) more than the basic charges that were in effect during the previous year. However, the basic charges for the first insertion of a public notice in a newspaper or qualified publication may not exceed the lowest classified advertising rate charged to advertisers by the newspaper or qualified publication for comparable use of the same amount of space for other purposes and must include all multiple insertion discounts extended to the newspaper's other advertisers.
An additional charge of fifty percent (50%) shall be allowed for the publication of all public notice advertising containing rule or tabular
work.
(c) All public notice advertisements shall be set in solid type that is at least 7 point type, without any leads or other devices for increasing space. All public notice advertisements shall be headed by not more than two (2) lines, neither of which shall total more than four (4) solid lines of the type

Mike Beamon, County Health Officer, Says the Knox County Health Department does enforce these codes anywhere in the county. The will investigate complaints when asked at no charge.

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency.

IC 16-41-20
Chapter 20, Health, Sanitation, and Safety: Dwellings Unfit for Human Habitation
Enforced at NO Charge to the City of Bicknell

IC16-20-1
Dwellings unfit for human habitation
Sec. 1. A dwelling is unfit for human habitation when the dwelling is dangerous or detrimental to life or health because of any of the following:
(1) Want of repair.
(2) Defects in the drainage, plumbing, lighting, ventilation, or construction.
(3) Infection with contagious disease.
(4) The existence on the premises of an unsanitary condition that is likely to cause sickness among occupants of the dwelling.
As added by P.L.2-1993, SEC.24
Enforced at NO Charge to the City of Bicknell

IC 16-41-20-3
Exercise of powers by the state health department.
Sec. 3. The state department may not exercise a power granted in this chapter without giving to the local board of health or county health officer having jurisdiction a notice setting forth the conditions that have been certified to the state department or of which the state department has knowledge. If the local board of health or county health officer fails to act not more than three (3) days after the notice, the state department may exercise the granted powers.
As added by P. L.2-1993,SEC. 24
Enforced at NO Charge to the City of Bicknell

IC 16-41-20-4
Orders to vacate dwellings
Sec. 4. Whenever the state department, the local board of health, or county health officer determines that a dwelling is unfit for human habitation, the state department, local board of health, or county health officer may issue an order requiring all persons living in the dwelling to vacate the dwelling within not less than five (5) days and not more than fifteen (15) days. The order must mention at least one (1) reason for the order.
As added by P.L.2.-1993, SEC.24.
Enforced at NO Charge to the City of Bicknell

IC 16-41-20-5
Extension or revocation of orders to vacate dwellings
SEC. 5. (a) The state department, local board of health or county health officer that issued an order to under section 4 of this chapter shall, for a good reason, extend the time

IC 13-14-6-2
Limitation of actions
Sec. 2. A department enforcement action must commence by issuing a notice of violation under IC 13-30-3-3 not more than three (3) years after the date the department discovers:
(1) the event; or
(2) the last of a series of events;
that serves as the basis of the department's authority to conduct the enforcement action.
IC 13-14-6-3
Void actions
Sec. 3. A department enforcement action commenced after the time set forth in section 2 of this chapter is void.
As added by P.L.1-1996, SEC.4.
IC 13-30-4-1
Violations
b) The department may:
(1) recover the civil penalty described in subsection (a) in a civil action commenced in any court with

City-county legislative body; creation of agencies; transfer of agency powers
Sec. 23. (a) The city-county legislative body may, by ordinance:
(1) create or terminate departments, divisions, offices, community councils, and other agencies of the consolidated city; and
(2) transfer to or from those agencies any powers, duties, functions, or obligations.
(b) The powers granted by subsection (a) may not be applied to:
(1) the department of public utilities of the consolidated city;
________________________________________
(2) offices established by the Constitution of Indiana; or
(3) agencies of municipal corporations other than the consolidated city.
As added by Acts 1980, P.L.212, SEC.2.
 

IC 36-4-7
Chapter 7. City Budget Procedures and Compensation of Officers and Employees
IC 36-4-7-1
Application of chapter
Sec. 1. This chapter applies to second and third class cities.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.45.
IC 36-4-7-2
Elected city officers; fixing of annual compensation
Sec. 2. (a) As used in this section, "compensation" means the total of all money paid to an elected city officer for performing duties as a city officer, regardless of the source of funds from which the money is paid.
(b) The city legislative body shall, by ordinance, fix the annual compensation of all elected city officers. The ordinance must be published under IC 5-3-1, with the first publication at least thirty (30) days before final passage by the legislative body. (c) The compensation of an elected city officer may not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.21; P.L.15-1993, SEC.3.
IC 36-4-7-3
Appointive officers, deputies, and other employees; compensation
Sec. 3. (a) This section does not apply to compensation paid by a city to members of its police and fire departments.
(b) Subject to the approval of the city legislative body, the city executive shall fix the compensation of each appointive officer, deputy, and other employee of the city. The legislative body may reduce but may not increase any compensation fixed by the executive. Compensation must be fixed under this section not later than September 30 of each year for the ensuing budget year.
(c) Compensation fixed under this section may be increased or decreased by the executive during the budget year for which it is fixed.
(d) Notwithstanding subsection (b), the city clerk may, with the approval of the legislative body, fix the salaries of deputies and employees appointed under IC 36-4-11-4.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.44-1991, SEC.5; P.L.35-1999, SEC.5; P.L.89-2001, SEC.7; P.L.169-2006, SEC.54.
IC 36-4-7-4 City officers and employees connected with operation of municipally owned utility or function; additional compensation
Sec. 4. (a) Subject to the approval of the city legislative body, the city executive may provide that city officers and employees receive additional compensation for services that:
(1) are performed for the city;
(2) are not governmental in nature; and
(3) are connected with the operation of a municipally owned utility or function.
(b) Subject to the approval of the executive and legislative body, the administrative agency operating the utility or function shall fix the amount of the additional compensation, which shall be paid from the revenues of the utility or function.
As added by Acts 1980, P.L.212, SEC.3.

2008 Regular Session

  DIGEST OF SB26 (Updated February 19, 2008)

Smoke detectors in rental properties. Makes it a Class B infraction if a landlord fails to: (1) properly install a smoke detector at the time a tenant moves in; or (2) repair an inoperative hard wired smoke detector within seven days of receiving notice of the need for repair. Increases the penalty to a Class A infraction for a subsequent offense. Provides that a landlord and a tenant may not waive the requirement that a smoke detector be installed in each rental unit. Requires a tenant to replace batteries as needed in a battery operated smoke detector and to provide written notice of any malfunctions of a hard wired smoke detector to the landlord. Permits a fire department to inspect a private dwelling upon the request of the owner or primary lessee who resides in the dwelling.

Current Status:
  Effective 07/01/2008

06/05/2008

IC 36-7-9

Chapter 9. Unsafe Building Law

IC 36-7-9-1

Application of chapter

Sec. 1. This chapter applies to each consolidated city and its county. This chapter also applies to any other municipality or county that adopts an ordinance under section 3 of this chapter.

As added by Acts 1981, P.L.309, SEC.28. Amended by Acts 1982, P.L.33, SEC.33.

IC 36-7-9-2

Definitions

Sec. 2. As used in this chapter: "Community organization" means a citizen's group, neighborhood association, neighborhood development corporation, or similar organization that: (1) has specific geographic boundaries defined in its bylaws or articles of incorporation and contains at least forty (40) households within those boundaries; (2) is a nonprofit corporation that is representative of at least twenty-five (25) households or twenty percent (20%) of the households in the community, whichever is less; (3) is operated primarily for the promotion of social welfare and general neighborhood improvement and enhancement; (4) has been incorporated for at least two (2) years; and (5) is exempt from taxation under Section 501(c)(3) or 501(c)(4) of the

SENATE BILL No. 341

_____

DIGEST OF SB 341 (Updated January 25, 2006 8:09 pm - DI 106)

Citations Affected: IC 6-1.1; IC 36-1; IC 36-7.

Synopsis: Tax sales and redevelopment. Deletes the $25 limit on postage and publication costs that can be included in the minimum bid amount and provides that the price of property sold at a tax sale includes the greater of $25 or the amount of the postage and publication costs. Requires certain orders under the unsafe building law to also be served on persons having a present possessory interest in the premises. Specifies that a person with a property interest in an unsafe premises who does not: (1) record an instrument reflecting the interest; or (2) provide to the enforcement authority the person's name and address, and the location of the unsafe premises; is deemed to consent to reasonable action taken under the unsafe building law for which notice would be required and relinquishes a claim to notice. Provides that liens for special assessments have the same priority status as liens for property taxes. Increases the interest rate on delinquent tax payments made by mortgagees from 6% to 10% (the same rate applicable to tax sale purchasers). Provides for the certification for tax sale of real property for which any property taxes or special assessments are delinquent from the prior year's fall installment (rather than the spring installment, under current law). Allows all counties to use a provision that currently allows only Marion County to designate certain delinquent properties for acquisition. Prohibits persons who have violated the unsafe building law from bidding at tax sales. Provides that a sale to an ineligible bidder is subject to forfeiture, based on the determination of the county treasurer. Provides that in the event

Effective: July 1, 2006; January 1, 2007.

Wyss, Broden

January 10, 2006, read first time and referred to Committee on Judiciary. January 26, 2006, amended, reported favorably _ Do Pass.

________________________________________

Digest Continued

of forfeiture, the amount of the bid will be applied to the amounts owed by the ineligible bidder and a certificate for the property shall be issued to the county executive. Repeals a provision authorizing a second tax sale. Provides that property not sold at the single tax sale shall be transferred to the county executive (or the metropolitan development commission, in the case of Marion County). Replaces the term "county commissioners" with "county executive" in the tax sale statutes. Allows the county executive or metropolitan development commission to hold, manage, maintain, use, convey, or dispose for any redevelopment purposes those

city or town.

As added by P.L.2-2002, SEC.9.

IC 32-24-2-3

"Property" defined

Sec. 3. As used in this chapter, "property" refers to real property or personal property.

As added by P.L.2-2002, SEC.9.

IC 32-24-2-4

"Works board" defined

Sec. 4. As used in this chapter, "works board" means: (1) the board of public works or the board of public works and safety of a city; or (2) the legislative body of a town.

As added by P.L.2-2002, SEC.9.

IC 32-24-2-5

Alternate procedure

Sec. 5. If:

(1) a municipality has the power to acquire property under this chapter; or (2) another statute provides for proceedings by a municipality for acquiring property under this chapter; the board exercising those powers may

IC 36-3-4-14 Ordinance or resolution; adoption; veto; publication; effective date; exceptions Sec. 14.

(a) An ordinance or resolution passed by a legislative body is considered adopted when it is:

(1) signed by the presiding officer; and

(2) if subject to veto, either approved by

Sec. 3.4. (a) This section applies to a voter who:
(1) changes residence from a precinct in a county to another precinct:
(A) in the same county; and
(B) in the same congressional district;
as the former precinct; and
(2) does not notify the county voter registration office of the change of address before election day.
(b) A voter described by subsection (a) may:
(1) correct the voter registration record; and
(2) vote in the precinct where the voter formerly resided;
if the voter makes an oral affirmation as described in subsection (e) or a written affirmation as described in section 4 of this chapter of the voter's current residence address.
(c) A voter who moved outside of a municipality may not return to the precinct where the voter formerly resided to vote in a municipal election.
(d) A voter who moved from a location outside a municipality to a location within a municipality within thirty (30) days before a:
(1) municipal primary election;
(2) municipal election; or
(3) special election held only within the municipality;
may not vote in the election in the precinct of the person's former residence.
(e) A voter entitled to make a written affirmation under subsection (b) may make an oral affirmation. The voter must make the oral affirmation before the poll clerks of the precinct. After the voter makes an oral affirmation under this subsection, the poll clerks shall:
(1) reduce the substance of the affirmation to writing at an appropriate location on the poll list; and (2) initial the affirmation.
As added by P.L.230-2005, SEC.47.

IC 3-10-12-5

Voter making affirmation challenged as ineligible; provisional ballot; sufficiency of affidavit
Sec. 5. If a voter makes an oral or a written affirmation under this chapter and is then challenged under IC 3-10-1 or IC 3-11-8 as ineligible to vote in the precinct, the voter shall be provided with a provisional ballot under IC 3-11.7 rather than a regular official ballot.
The oral or written affirmation made under this chapter serves as a sufficient affidavit for the voter to receive a provisional ballot under IC 3-11.7.
As added by P.L.164-2006, SEC.81.

IC 3-11-8-2

Voting in precinct of residence
Sec. 2. A voter shall vote at the polls for the precinct where the voter resides except when authorized to vote in another precinct under IC 3-10-10, IC 3-10-11, IC 3-10-12, or at a special voting poll under section 6.5 of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.107; P.L.4-1991, SEC.86; P.L.17-1993, SEC.13; P.L.12-1995, SEC.80; P.L.116-2003, SEC.4.

IC 3-11-4-17.5

Application by voter not residing in precinct; denial of application; referral to county election board; filing additional documentation
Sec. 17.5. (a) Upon receiving an application for an absentee ballot, the county election board (or the absentee voter board in the office of the circuit court clerk) shall determine if:
(1) the applicant is a voter of the precinct in which the applicant resides, according to the records of the county voter registration office;
(2) the information set forth on the application appears to be true; and
(3) the application has been completed and filed in accordance with Indiana and federal law.
If the members of the absentee voter board are unable to agree about any of the determinations described in subdivisions (1) through (3), the issue shall be referred to the county election board for determination. If the application is submitted by a voter wanting to cast an absentee ballot under IC 3-11-10-26, the voter shall be permitted to cast an absentee ballot, and the voter's absentee ballot shall be treated as a provisional ballot.
(b) If:
(1) the applicant is not a voter of the precinct according to the registration record; or
(2) the application as completed and filed:
(A) contains a false statement; or
(B) does not otherwise comply with Indiana or federal law;
as alleged under section 18.5 of this chapter, the county election board shall deny the application.
(c) This subsection applies to an absentee ballot application submitted by an absent uniformed services voter or an overseas voter. In accordance with 42 U.S.C. 1973ff-1(d), if the application is denied, the county election board shall provide the voter with the reasons for the denial of the application. Unless the voter is present when the board denies the application, the board shall send a written notice stating the reasons for the denial to the voter. The notice must be sent:
(1) not later than forty-eight (48) hours after the application is denied; and (2) to the voter at the address at which the voter requested that the absentee ballot be mailed. (d) If the county election board determines that the applicant is a voter of the precinct under subsection (a), the board shall then determine whether:
(1) the applicant was required to file any additional documentation under IC 3-7-33-4.5; and (2) the applicant has filed this documentation according to the records of the county voter registration office.
If the applicant has not filed the required documentation, the county election board shall approve the application if the application otherwise complies with this chapter. The board shall add a notation to the application and to the record compiled under section 17 of this chapter indicating that the applicant will be required to provide additional documentation to the county voter registration office under IC 3-7-33-4.5 before the absentee ballot may be counted.
(e) If the applicant:
(1) is a voter of the precinct according to the registration record;
(2) states on the application that the applicant resides at an address that is within the same precinct but is not the same address shown on the registration record; and
(3) provides a voter identification number on the application to permit transfer of registration under IC 3-7-13-13;
the county election board shall direct the county voter registration office to transfer the applicant's voter registration address to the address within the precinct shown on the application. The applicant's application for an absentee ballot shall be approved if the applicant is otherwise eligible to receive the ballot under this chapter.
As added by P.L.3-1997, SEC.279. Amended by P.L.209-2003, SEC.114; P.L.103-2005, SEC.5; P.L.164-2006, SEC.92.

There have been some question about Robert Rules of Order so maybe this will help.

An ordinance adopting the rules of order for the proceedings of the Common Council of Bicknell, Indiana.

Whereas, it is important to keep accurate minutes of all meetings.

Whereas, it is important to have an open door policy for people to speak at the meetings.

Whereas, it is the responsibility of each council person to represent their area and by doing so must have the authority to vote for all matters affecting the city. Now, therefore be it ordained by the Common Council of Bicknell that the following order of business be used.

1. Call to order.
2. Roll Call.
3. Approval of minutes. The clerk or clerk treasurer may read the minutes of the preceding council meeting. The presiding officer asks for corrections and approval. In practice, the clerk or clerk treasurer in many cities provide Advance copies of the previous meeting’s minutes so that they need not be read in full. All meetings will be recorded by electronic device.
4. Petitions or comment by those members of the public present will have three minutes. Such presentations by each individual person may be desired and should be uniform and uniformly enforced by all speakers.
5. Reports from committees and officers. Chairs or individual department heads may be asked to report on the activities of their respective committees or departments.
6. Unfinished business. The council may wish to consider any business that has been previously considered and is still unfinished.
7. New business. Introduction of new ordinances and resolutions and any other matters before the council will be considered.
8. Claims. The disbursing officer will present all claims against the city for the approval or disapproval of the council, including recommendations of the board of works.
9. Miscellaneous business. Any matters not already considered by the council may be considered.
10. Monthly financial claims shall be available to the council in sufficient time for the members to review before the stated meeting.
11. Adjournment.

Robert Rules of Order

Rules of Order should contain only the rules relating to the orderly transaction of business in the meetings and to the duties of the officers

IC 36-3-4-14 Ordinance or resolution; adoption; veto; publication; effective date; exceptions Sec. 14. (a) An ordinance or resolution passed by a legislative body is considered adopted when it is: (1) signed by the presiding officer; and (2) if subject to veto, either approved by the executive or passed over his veto by the legislative body, under section 16 of this chapter.

IC 36-8-3-4 Police officers and firefighters; discipline, demotion, and dismissal; hearings; appeals; administrative leave Sec. 4. (a) This section also applies to all towns and townships that have full-time, paid police or fire departments. For purposes of this section, the appropriate appointing authority of a town or township is considered the safety board of a town or township. In a town with a board of metropolitan police commissioners, that board is considered the safety board of the town for police department purposes. (b) Except as provided in subsection (m), a member of the police or fire department holds office or grade until the member is dismissed or demoted by the safety board. Except as provided in subsection (n), a member may be disciplined by demotion, dismissal, reprimand, forfeiture, or suspension upon either: (1) conviction in any court of any crime; or (2) a finding and decision of the safety board that the member has been or is guilty of any one (1) or more of the following: (A) Neglect of duty. (B) A violation of rules. (C) Neglect or disobedience of orders. (D) Incapacity. (E) Absence without leave. (F) Immoral conduct. (G) Conduct injurious to the public peace or welfare. (H) Conduct unbecoming an officer. (I) Another breach of discipline. The safety board may not consider the political affiliation of the member in making a decision under this section. If a member is suspended or placed on administrative leave under this subsection, the member is entitled to the member's allowances for insurance benefits to which the member was entitled before being suspended or placed on administrative leave. In addition, the local unit may provide the member's allowances for any other fringe benefits to which the member was entitled before being suspended or placed on administrative leave. (c) Before a member of a police or fire department may be suspended in excess of five (5) days without pay, demoted, or dismissed, the safety board shall offer the member an opportunity for a hearing. If a member desires a hearing, the member must request the hearing not more than five (5) days after the notice of the suspension, demotion, or dismissal. Written notice shall be given either by service upon the member in person or by a copy left at the member's last and usual place of residence at least fourteen (14) days before the date set for the hearing. The hearing conducted under this subsection shall be held not more than thirty (30) days after the hearing is requested by the member, unless a later date is mutually agreed upon by the parties. The notice must state: (1) the time and place of the hearing; (2) the charges against the member; (3) the specific conduct that comprises the charges; (4) that the member is entitled to be represented by counsel; (5) that the member is entitled to call and cross-examine witnesses; (6) that the member is entitled to require the production of evidence; and (7) that the member is entitled to have subpoenas issued, served, and executed in the county where the unit is located. If the corporation counsel or city attorney is

October 16, 2006 Honorable Brenda Flickinger Clerk Treasurer City of Bicknell P. O. box 127 Bicknell, IN 47512 Dear Ms. Flickinger I am the general counsel of the Hoosier State Press Association. There appears to be some confusion as to the city's responsibility to use the Bicknell newspaper for the purpose of publishing public notice advertising. I've been asked to write you to hopefully clear up any confusion that might exist as to the relationship the city and The Independent have in terms of the Public Notice Advertising Law (IC 5-3-1). There are two newspapers, as defined by IC 5-3-1-0.4, located in Knox County, but only one of those two is located in Bicknell. Location is determined by where the newspaper has its original entry for mail privileges authorized by the Unite States Postal Service - IC 5-3-1-0.6. In Knox County, The Independent's entry point is Bicknell, while Vincennes is the entry point for the Vincennes Sun-Commercial. The law is clear that municipalities must publish its notices in two newspapers published within its boundary if two or more newspapers exist within the city. If only one newspaper publishes within the city, as is the case in Bicknell, then publication in that sole newspaper satisfies the requirement for the city to publish notices. See IC 5-3-1-4(a) & (C). The city of Bicknell can supplement its publication of notice by adding the Vincennes newspaper, but the Sun-Commercial cannot be substituted for The Independent to meet the city's publication requirement under the Public Notice Advertising Law. All public notices required to be published by the city of Bicknell should be placed in The Independent. You may want to note that failure to comply with the law is a Class C infraction (IC 5-3-1-9). The fact that The Independent is a weekly newspaper and the Sun-Commercial is a daily does not change the equation. Weekly newspapers are accorded the same treatment by the Indiana General Assembly, which appreciates the fact that in 27 Indiana counties there are no daily newspapers. "This letter goes on to explain how timing of notices does not have any bearing on which newspaper is used." The jest of the argument is that the Mayor, the Clerk Treasurer, and the City Attorney do not know that when something is to be posted 10-days prior to a meeting the law means at least 10-days prior to the meeting. These people believe that it must be exactly 10 days and cannot be 11-days prior to a meeting. In fact in this case the 10-day notice requirement would actually be the minimum amount of time required prior to a notice being advertised. Clerk Treasurer Brenda Flickinger replied to this letter by writing "I will use the Independent" which was the correct response then she screwed it up by saying "whenever possible." Brenda does not seem to understand that the law cannot be followed "whenever possible." Of course she has had a good teacher since the Mayor Tom Trowbridge chose to ignore Ordinance #7 that was voted into law by the Bicknell City Council several months ago and is still spending illegally through the Bicknell Board of Public Works.