SECTION 1. IC 12-20-20-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 1. (a) If a
township trustee, as administrator of poor relief, grants poor relief to an
indigent individual or to any other person or agency on a township poor
relief order as provided by law or obligates the township for an item
properly payable from poor relief money, the claim against the
township must be:
(1) itemized and sworn to as provided by law;
(2) accompanied by the original township poor relief order, which
must be itemized and signed; and
(3) checked with the records of the township trustee, as
administrator of poor relief, and audited and certified by the
township trustee.
(b) This subsection applies to a township having a population of less
than twenty thousand (20,000). This subsection also applies to a
township having a population of at least twenty thousand (20,000) that
is not subject to subsection (c). After a poor relief claim is certified by
a township trustee under subsection (a), the poor relief claim, with the
original township poor relief order attached, must be filed with the
county auditor for payment in the following manner:
(1) The county auditor shall carefully audit the claim.
commissioners shall may borrow money or otherwise provide the
money. If the county commissioners determine to borrow the
money or otherwise provide the money, the county fiscal body shall
promptly pass necessary ordinances and make the necessary
appropriations to enable this to be done, after determining whether to
borrow money by any of the following:
(1) A temporary loan against taxes levied and in the process of
collection.
(2) The sale of county poor relief bonds or other county
obligations.
(3) Any other lawful method of obtaining money for the payment
of poor relief claims.
(c) This subsection applies only to a county having a
consolidated city. If a township board does not appeal to borrow
money under
IC 12-20-24
or if an appeal fails, the board of
commissioners shall borrow money or otherwise provide the
money. The county fiscal body shall promptly pass necessary
ordinances and make the necessary appropriations to enable this
to be done, after determining whether to borrow money by any of
the following methods:
(1) A temporary loan against taxes levied and in the process
of collection.
(2) The sale of county poor relief bonds or other county
obligations.
(3) Any other lawful method of obtaining money for the
payment of poor relief claims.
SECTION 3. IC 12-20-21-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 3. (a) A township
trustee and township board may levy a specific tax for the purpose of
providing money for the payment of poor relief expenses in the
following year. The tax may be sufficient to meet the entire
requirement of the township in the following year or the part that is
determined to be proper.
(b) If
(1) a tax levy is established under IC 12-2-1-32 (before its repeal)
or subsection (a); and
(2) the township is not subject to IC 12-20-20-1(c);
all proceeds derived from the tax levy shall be retained by the county
treasurer and shall be credited by the county auditor to the township
entitled to the credit. The proceeds of the tax levy are the property of
the township levying the tax. The county and all officers of the county
shall keep proceeds free and available for the payment of poor relief
obligations of the township levying the tax. The funds are continuing
funds and do not revert to any other fund at the end of the year.
(c) If:
(1) a tax levy is established under IC 12-2-1-32 (before its repeal)
or subsection (a), and
(2) the township is subject to IC 12-20-20-1(c);
all proceeds derived from the tax levy shall be distributed to the
township at the same time and in the same manner as proceeds from
other property tax levies are distributed to the township. The proceeds
of the tax levy shall be held by the township in its township poor relief
account free and available for the payment of poor relief obligations of
the township. The funds are continuing funds and do not revert to any
other fund at the end of the year.
SECTION 4.
IC 12-20-21-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 4. If the board of
commissioners determines from the estimated advancements of
quarterly reports filed by the township trustee under
IC 12-20-21-5
with the county auditor and the levies made by the respective
townships for poor relief purposes that there will be insufficient money
in the county general township poor relief fund to provide free and
available money during the following year for estimated advancements
to townships for poor relief purposes on the basis of the total costs of
poor relief granted by the township trustees, as administrators of poor
relief, for the previous twelve (12) months:
(1) the board of commissioners may include estimates for the
advancements in the county general fund budget;
(2) the county fiscal body may appropriate for the advancement
in the budget and levy as adopted by the county fiscal body; and
(3) the state board of tax commissioners shall include that amount
in the final county general fund levy.
SECTION 5. IC 12-20-21-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 5. The township
trustee of a township that is subject to IC 12-20-20-1(c) shall supply
the county auditor quarterly with information that the auditor
(1) has for townships that are subject to IC 12-20-20-1(b); and
(2) needs to comply with this chapter.
SECTION 6. IC 12-20-22-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 2. (a) Copies of
all township budgets for current poor relief shall, as finally adopted and
approved, be placed on file in the office of the county auditor. If an
additional appropriation for current poor relief is made by a township:
(1) a certified copy of the action of the township board in making
the additional appropriation; and
(2) a certified copy of the order of the state board of tax
commissioners approving the additional appropriation;
shall be filed in the office of the county auditor.
(b) A county auditor or a township trustee may not pay any poor
relief order or claim in excess of the amount appropriated for current
poor relief purposes, except as otherwise provided by law.
SECTION 7. IC 12-20-23-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 5. When giving
notice of a special session of the county fiscal body for the purpose of
considering making a loan under this chapter, the county auditor shall
include in the notice a statement of the estimated amounts required by
each the township and the period covered by the estimate. The
township trustee of a township that is subject to IC 12-20-20-1(c)
seeking the loan shall supply the county auditor with information that
the auditor
(1) has for townships that are subject to IC 12-20-20-1(b); and
(2) needs to comply with this section.
SECTION 8. IC 12-20-24-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 1. (a) In addition
to the other methods of poor relief financing provided by this article,
if
(1) a county auditor for a township that is subject to
IC 12-20-20-1(b); or
(2) a township trustee for a township that is subject to
IC 12-20-20-1(c);
determines that a particular township's poor relief account will be
exhausted before the end of a fiscal year, the county auditor or the
township trustee shall notify the township board of that determination.
(b) After receiving notice under subsection (a) that a township's
poor relief account will be exhausted before the end of a fiscal year, the
township board may, if the township is subject to IC 12-20-20-1(b), and
shall if the township is subject to IC 12-20-20-1(c), appeal for the right
to borrow money on a short term basis to fund poor relief services in
the township. In the appeal the township board must do the following:
(1) Show that the amount of money contained in the township
poor relief account will not be sufficient to fund services required
to be provided within the township by this article.
(2) Show the amount of money that the board estimates will be
needed to fund the deficit.
(3) Indicate a period, not to exceed five (5) years, during which
the township would repay the loan.